Cut-off date of 01-01-1996 for rounding-off / broad-banding of disability pension held to be illegal by the Jaipur Bench of AFT:Vet.PJS Chhatwal

Cut-off date of 01-01-1996 for rounding-off /
broad-banding of disability pension held to
be illegal by the Jaipur Bench of AFT
The Govt, in order to curtail medical subjectivity, had introduced rounding-off / broad-banding of disability percentages for the purposes of computation of disability element through a letter dated 31-01-2001. The stipulation was however made applicable only to post-01-01-1996 retirees.The Hon’ble Punjab & Haryana High Court had held this cut-off date to be arbitrary and had ordered the broad-banding of disability percentages even for pre-96 retirees. The Union of India went into an SLP which is still pending before the Hon’ble Supreme Court. In the meantime, on 19-01-2010, the Govt itself abrogated this cut-off date and extended the benefit to pre-96 retirees too. The Govt however added a rider that the arrears would only be paid with effect from 01-07-2009.The Hon’ble AFT at Jaipur has however again held the cut-off date of 01-01-1996 as arbitrary and has directed the release of arrears w.e.f 01-01-1996 which waters down the govt’s stipulation of 01-07-2009.
By Navdeep.