Thursday, October 10, 2013

Payment of Disability Pension (Neither Attributed Nor Aggravated ) due to Military Service

RDOA has taken up case with Dept of Ex Servicemen Welfare for payment of disability pension to affected officers/JCOs/ORs due to NANA. Affected individuals should write to CDA Pension giving details of their disability with copy of Release Medical Board Proceedings. ESM Orgs are requested to give wide publicity of the disability benefit. Officers who have not yet become members of RDOA are requested to do so.
Secy RDOA


By Email RDOA/Med/Dis/10/13

                                                                                                Dated: 10 Oct 2013
To,
Secretary,
Dept of Ex Servicemen Welfare,
South Block, New Delhi.

 Controller General of Defence Accounts (CGDA)

 PCDA Pensions
Draupadi Ghat,
Allahabad                                                                                                                               

PAYMENT OF DISABILITY PENSION : NEITHER ATTRIBUTED  NOR AGGRAVATED (NANA) BY MILITARY SERVICE

 Dear Sir,

1.         It is intimated that the Hon’ble Supreme Court vide its Judgment in the case no Civil Appeal 4949 of 2013 arising out of SLP (C) No 2940 of 2010 (Dharamvir Singh vs UOI) upheld the judgment passed by the Single judge dated 20 May 2004. As elaborated in Para 28 and 29 of the said judgment, the court has made it absolutely clear that ‘if a person at the time of entry into service was in sound physical and mental health and no entry of any disability exists in his record; then any disability occurring to the individual would be deemed to have occurred in service and would be attributed to and aggravated to military service’ and therefore such a person would be entitled to disability pension if it is 20 % or more. E-copy of Judgment attached.

 2.         There are a large number of Officers/JCOs/ORs who have been denied disability pension due to the remark ‘Neither attributed  nor aggravated due to Military Service’ endorsed in their release medical board proceedings although such disabilities occurred during their service tenure and they had disability of 20% or more.

 3.         In view of facts as stated above, it is requested that the cases of such individuals who have proceeded on retirement without getting disability pension should be reviewed and the disability pension on account of ‘NANA’ which has been denied to them should be paid retrospectively.

 4.         It is not expected of every affected person to approach the ‘Courts’ individually or collectively to seek redressal for admissibility of the said disability pension, once the ratio has been established by the Hon’ble Supreme Court in the instant case. It will only increase the work load of the courts.

 5.         Retired Defence Officers Association (RDOA) will be constrained to claim interest and relief from the Apex Court in case the disability pension benefit is denied as has happened in the IV CPC Rank Pay Case. It is hoped that action would be taken to give disability pension to the affected ‘Veterans’.

 Thanking you,

Lt Col Satwant Singh (Retd)
Secretary
For RDOA

 Copy to:

 The Director,
Addl Dte Gen Pers Services,
PS 5, AG’s Branch, AHQ,
Room No 419, A Wing, Sena Bhawan
DHQ PO, New Delhi 110011

 DDG Veterans Cell,
AG’s Branch AHQ

 

 

 

4 comments:

Madan said...

This will go a very long way to help the disabled soldiers to get their dues . Hope soon we also hear about the applicability of percentage block of 20 to 50, 51 to 75 and 75 to 100 % for the pre 2006 disabled soldiers too

Aerial View said...

Could you address a copy to Directorate of Air Veterans,
Subroto Park, New Delhi - 110 010

for beneficiaries of the Air Force?

Thank you

manjeet said...

PLEASE LET US KNOW WHETHER DISABILITY PENSION WOULD BE APPLICABLE TO OFFICERS WHO TOOK PREMATURE RETIREMENT AND DIABILITY WAS NOT ATTRIBUTABLE.i RETIRED IN THE YEAR 2000 AFTER 30 YRS OF SERVICE.

Sudesh Sharma said...

I had applied for the disability pension based on the advice of RDOA to veterans cell and also spoke to AG's branch, they have informed that this was an individual case and not applicable to all, they also advised that this should be projected to seventh pay commission or any association should take up with the court and get blanket sanction for all