Broad Banding of Disability Element in respect of Armed Forces personnel retired/discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service - implementation of Court/AFTs orders.
OFFICE OF THE PR.CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
DRAUPADI GHAT, ALLAHABAD – 211 014
Circular No. 612
Dated: 17.12.2018
To,
The O I/C
Records/PAO (ORs)
………………………………
………………………………
Subject:- Broad banding of disability element in respect of Armed Forces Personnel retired/ discharged on completion of terms of engagement with disability/ aggravated by or attributable to Military Service – Implementation of Court/ AFTs orders.
Reference:- This office Circular No. 561 dated 10.06.2016.
*********
Consequent upon issue of AG/PS-4 (Pen/Legal) letter No. PCA/70545/679/RRB/MI-20(A3) dated 25.07.2018 (copy enclosed) regarding broad banding of disability element in respect of Armed Forces Personnel retired/ discharged on completion of terms of engagement with disability/ aggravated by or attributable to Military Service – Implementation of Court/ AFTs orders, it is clarified that the PCDA(P), Allahabad/ PSAs can only issue PPO to affected petitioners after receiving the Govt. sanction letter issued by Services Headquarters in each and every case along with the claim from ROs.
2. Therefore, this office Circular No. 561 dated 10.06.2016 stands cancelled in toto.
3. This circular has been uploaded on official website of this office pcdapension.nic.in.
No. Gts/Tech/05/LXXXI
Dated: 17.12.2018
(Sandeep Thakur)
Addl. CDA(P)
Broad banding of disability element i.r.o. Armed Forces Personnel - Implementation of Court/AFTs Orders: PCDA Circular 561
Office of the Principal CDA (Pensions)
Draupadi Ghat, Allahabad- 211014
Circular No. 561
Dated: 10.06.2016
To,
The O I/C,
Records PAO (ORs)
Subject: Broad banding of disability element in respect of Armed Forces Personnel retired/ discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service- Implementation of Court/AFTs orders.
Consequent upon issue of GOI, MOD letter No. F. No. 3(11)2010-D(Pen/Legal)-Pt-V dated 18th April 2016 (copy enclosed). approval of competent authority has been conveyed for implementation of Court/ AFTs orders for granting broad banding benefits of disability element to an Armed Forces Personnel retired or discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service (other than invalided out from service) from the date mentioned in respective Court Orders.
2. In view of the above, all affected cases covered under above order may be reviewed and claims may be forwarded to respective Pension Sanctioning Authorities alongwith Sheet Roll and other connected documents.
3. This circular has been uploaded on this office website www.pcdapension.nic.in. for dissemination of all concerned.
No. Gts/Tech/05/LXXVI
Dated: 10.06.2016
(Nasim Ullah)
Asst. Controller (Pensions)
F.No.3(11)2010-D[Pen/Legal)-PtV
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/ Legal)
New Delhi, 18th April, 2016
To
Chief of the Army Staff
Chief of the Naval Staff
Chief of the Air Staff
Subject: - Broad Banding of Disability Element in respect of Armed Forces personnel retired/discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service - implementation of Court/AFTs orders.
The Hon'ble Supreme Court vide order dated 10.12.2014 dismissed more than 800 Civil Appeals tagged with Civil Appeal No. 418 of 2012 filed by the Union of lndia Vs Ram Avtar challenging grant of broad banding of disability element by AFl's to Armed Force Personnel other than “invalided out” from service. The Hon’ble Supreme Court ruled that an Armed Force Personnel retired on completion of tenure with disability aggravated by or attributable to Military Service is eligible for broad banding of Disability Pension/Element
2. The matter of implementing Hon‘ble Apex Court judgment dated 10.12.014 in case of Civil Appeal No. 418 of 2012 was taken up with Department of Expenditure, Ministry of Finance for consideration. Department of Expenditure. Ministry of Finance has agreed to implement orders of the.Courts on the matter of broad banding of disability element in the case of personnel who are retained in service till normal retirement Accordingly, approval of Competent Authority is hereby conveyed for implementation of Court/AFB orders granting broad banding of disability element to
an Armed Force Personnel retired or discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service from the date mentioned in respective court orders.
3. This issues with concurrence of MoD (Fin/Pen) vide no No 711/Fin/ Per dated 12.04.2016.
(R.R. Verma)
Under Secretary to the Govt. of India
Comments