Disability Pension and PB4

Thursday, May 21, 2009

Benefit of rounding off / bunching of disability percentage for calculation of disability element would be applicable to superannuating personnel too
The 5th Central Pay Commission had recommended the benefit of rounding-off / bunching of disability percentages for grant of disability element of disability pension. It was recommended that persons with disability till 50% should be paid a disability element calculated by taking the disability at 50%, those with a disability between 50-75% should be granted a disability element by taking the disability as 75% and those with a disability above 75% should be granted a disability element @ 100%.The said modalities were notified by the Govt in 2001 with effect from 1996. However, the govt sanction letter provided that the said benefit would only be made available to those who were invalided out and not to those who were discharged on completion of terms or on superannuation with a disability, and that the latter would be granted a disability element in accordance with the actual percentage of disability and hence would not be provided the benefit of rounding off / bunching.The Hon’ble Punjab & Haryana High Court however did not take this kindly. The Hon’ble High Court in 2008, in the case Paramjit Singh Vs Union of India, ruled that even those who are discharged on completion of terms or on superannuation would be entitled to the rounding off and bunching of disability percentage thereby leading to an enhanced pension. The same was done by relying on Regulation 179 (Regulation 53 for officers) of the Pension Regulations for the Army. The said Regulations provide that persons retiring or superannuating with a disability would also be ‘deemed to have been invalided out’ or service.The govt however filed a review petition in the said Writ Petition but the same has been dismissed by the Hon’ble Court and it has been re-iterated that the benefit should be granted to all disabled personnel including those discharged / retiring with a disability and not only to those who have been invalided. The Court has also held that AGIF is liable to pay disability cover even to discharged / superannuating personnel and that AGIF is very much a body under the control of the govt, the actions of which can be challenged in the High Court. It was contended by the Govt that AGIF was not a body of the ‘State’ and hence writ jurisdiction could not be invoked against it.The Times of India has also reported this and the same can be viewed by clicking here.
Posted by Navdeep / Maj Navdeep Singh at 8:20 AM 1 comments
Labels: Disability Pension, law, Pension
Wednesday, May 20, 2009

Increase of pension of retired Lt Cols on grant of PB-4
There are indications that the increase of basic pension of Lt Cols to Rs 25,700 may be the first agenda point when the new incumbent takes his or her seat in the South Block. The said corrigendum may see the light by the end of this month, but as I always say, let’s keep our fingers crossed till it actually comes out in black and white.The figure of Rs 25,700 has seemed mysterious to many. It simply comes about from the basic pension formula, that is, 50 % of Start of Scale (37400) + Applicable Grade Pay (8000) + MSP (6000).There are voices amongst veterans which seem to indicate that there should be a difference of pensions between erstwhile Selection Grade and Time Scale Lt Cols. Please put such ideas to rest since pensions are always determined with current ranks / grades as the backdrop and today there is only one kind of Lt Col. As it is, this idea of differentiation is regressive and not a pretty thought at all and would lead to deprivation of a particular section of veterans who were not promoted to Selection Grade due to the steep pyramid of the forces. When people all around in other organisations are reaching PB-4 with GP 10000 with ease which later translates into higher pensions, some of our own veterans want to minimise the benefits and create a rank within the rank of Lt Col. Sad.I also again request readers not to transmit individual mails on this issue or for calculation of emoluments / pay etc. My profession is too demanding to allow me the time to send separate replies. Such queries can be posted as comments to blog-posts and can be addressed by a cross-section of visitors.
Posted by Navdeep / Maj Navdeep Singh at 5:16 AM 20 comments
Labels: Misc, Pay Commission, Pension
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