'Disability can't be sole criterion for Army pension'

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http://timesofindia.indiatimes.com/city/chennai/Disability-cant-be-sole-criterion-for-Army-pension/articleshow/54946721.cms (ขนาดไฟล์: 0 )

'Disability can't be sole criterion for Army pension'

Chennai: Disability cannot be the sole claim for grant of service pension, the Chennai bench of the Armed Forces Tribunal has said, declining to provide pension to a former major of Military Nursing Services (MNS) who had taken voluntary retirement before completing 20 years in service the eligibility for grant of pension.

The tribunal also said that those taking voluntary retirement could not be placed on the same footing as those invalided from service. It, however, provided the officer concerned with 50% disability pension because of having suffered an elbow fracture, which was attributable to military service.

Major (retd) V Mahalakshmi had taken voluntary retirement after completing 15 years and two days and then moved the tribunal for grant of disability pension for an elbow fracture.

Earlier, the Army had denied her the retirement benefits, saying the disability was neither attributable to, nor aggravated by, military service. In July 2015, a tribunal's bench, however, held the injury as attributable to service. It also asked the Army to convene a review medical board to ascertain the degree of disability.

In its report, the board, assessing the degree of disability as 30% for life, said the injury was attributable to military service. Counsel for Mahalaksmi then requested the tribunal to provide the officer with service pension along with the disability benefit.

A bench underlining the entitlement Rules for Casualty Pensionary Awards, 1982, said officers taking voluntary retirement could not be put in the same category as those removed from active service in the armed forces because of injury or illness, but had to be treated as members of a different category. According to the government decision on the recommendations of the sixth pay commission and legal precedents, grant of disability benefit at the time of premature retirement is linked to the specific disability, and entitlement to service pension and gratuity has to be decided according to the relevant rules.

In Mahalakshmi's case, the minimum qualifying service period for pension was 20 years, but she had completed only 15 years of service.

"We observe that the applicant has already been granted gratuity for the service rendered, and since she took voluntary retirement, her disability cannot be the sole claim for service element of pension," said the tribunal's bench.

It then directed the Army to pay Mahalakshmi the disability pension, broadbanded to 50%, for life, along with arrears from December 1, 2011, three years before she moved the tribunal.

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ที่มา: timesofindia.indiatimes.com
วันที่โพสต์: 20/10/2559 เวลา 11:31:46 ดูภาพสไลด์โชว์ 'Disability can't be sole criterion for Army pension'

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http://timesofindia.indiatimes.com/city/chennai/Disability-cant-be-sole-criterion-for-Army-pension/articleshow/54946721.cms 'Disability can't be sole criterion for Army pension' Chennai: Disability cannot be the sole claim for grant of service pension, the Chennai bench of the Armed Forces Tribunal has said, declining to provide pension to a former major of Military Nursing Services (MNS) who had taken voluntary retirement before completing 20 years in service the eligibility for grant of pension. The tribunal also said that those taking voluntary retirement could not be placed on the same footing as those invalided from service. It, however, provided the officer concerned with 50% disability pension because of having suffered an elbow fracture, which was attributable to military service. Major (retd) V Mahalakshmi had taken voluntary retirement after completing 15 years and two days and then moved the tribunal for grant of disability pension for an elbow fracture. Earlier, the Army had denied her the retirement benefits, saying the disability was neither attributable to, nor aggravated by, military service. In July 2015, a tribunal's bench, however, held the injury as attributable to service. It also asked the Army to convene a review medical board to ascertain the degree of disability. In its report, the board, assessing the degree of disability as 30% for life, said the injury was attributable to military service. Counsel for Mahalaksmi then requested the tribunal to provide the officer with service pension along with the disability benefit. A bench underlining the entitlement Rules for Casualty Pensionary Awards, 1982, said officers taking voluntary retirement could not be put in the same category as those removed from active service in the armed forces because of injury or illness, but had to be treated as members of a different category. According to the government decision on the recommendations of the sixth pay commission and legal precedents, grant of disability benefit at the time of premature retirement is linked to the specific disability, and entitlement to service pension and gratuity has to be decided according to the relevant rules. In Mahalakshmi's case, the minimum qualifying service period for pension was 20 years, but she had completed only 15 years of service. "We observe that the applicant has already been granted gratuity for the service rendered, and since she took voluntary retirement, her disability cannot be the sole claim for service element of pension," said the tribunal's bench. It then directed the Army to pay Mahalakshmi the disability pension, broadbanded to 50%, for life, along with arrears from December 1, 2011, three years before she moved the tribunal. Stay updated on the go with Times of India News App. Click here to download it for your device.

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