Armed forces tribunal Law Videos - Disability Pension for Military Personnel

DISABILITY PENSION

The pension made on account of disability of the serviceman is called disability pension. Disability pension is granted to the personnel incapacitated due to any accident or disease suffered while or due to service. There must be a reasonable nexus and atleast remote connection between disability and duty of the personnel to entitle him for DP. 

A soldier cannot be asked to prove that the disease was contracted or aggravated by him on account of military service. It is presumed that he was disease-free at the time of his entry into Armed Forces, having being found fit due to physical and medical examinations. That presumption continues till it is proved by the employer that the disease was neither attributable to nor aggravated by military service.

He is entitled to DP in addition to his service pension. 


BROAD BANDING OF DISABILITY PENSION 

As per the GOI letter dated 31.01.2001 the Armed Force Personnels are granted benefit of broad banding scheme of disability pension.

As per the letter personnels are entitled to round off his disability to 50 % if his disability is granted from 1 to 49 %.

If disability is granted from 50 to 75% he is entitle to round off to 75 %.
if disability is 76 to 100% then round off to 100%. 

This scheme is applicable to all armed personnels if they are granted disability on account of invalidment/discharge/superannuation or release from service even if they are discharged or released on account of their own request before completion of terms and engagement of pmr from service.

Invalid Pension is given to a personnel if he is invalided out of service and is unable to discharge his duties on account of a disability, and his condition is unlikely to improve.

Advocate Wg. Cdr. Ajit Kakkar can be consulted for further information at http://lawrato.com/advocate-ajit-kakkar
or by calling 09599-000-555.