More pension for disable soldiers on superannuation: Veteran Prabhjot Singh Chhatwal PLS Retd.

More pension for disable soldiers on superannuation

Chandigarh: The Armed Forces Tribuanl has ruled that soldiers being discharged on attaining the age of superannuation would be entitled to the benefit of rounding off or broad-banding of disability if found with disability of 20 per cent or above.

By rounding off, the percentage of disability enhances, which means higher pension. Earlier, only soldiers who had poted for permature retirement on medical grounds were entitled to the benefit.

While delivering its verdict in the Lt. Gen. Vijay Oberoi and others vs Unioun of India case, the Tribunal observed that in case of the police and paramilitary services, there was no exclusion and such exclusion in the armed forces was a violation of Article 14 ( equality before law) of the Constitution.

The Ministry of Personnel, Public Grievances and Pension had notified in 2000 that disability below 50 per cent would be rounded off to 50 per cent ; between 50-75 per cent to 75 per cent, and above 75 per cent to 100 per cent for the purpose of calculation of the disability element for disability pension. It was done to remove subjectivity in precise figurative assessment of percentage of disability on the recommandation of the 5th Pay Commission.

But subsequently, the Ministry of Defence issued a letter on January 31, 2001, disqualifying those retireing on superannuation from the benefit.