When on officer is invalided out of service on account of a disability which is neither attributable to nor aggravated by military service, he will be entitled to invalid pension, if service actually rendered is 10 years or more and invalid gratuity, if it is less than 10 years.
The amount of invalid pension will be equal to the service element of disability pension that would have been admissible in case the causes were attributable to or aggravated by military service. Ranks for assessment of qualifying service reckonable towards invalid pension will be the same as for assessment of retiring pension.
The invalid pension will be subject to the minimum of Rs. 3500/-PM w.e.f 1-1-06.
The amount of Invalid Gratuity shall be calculated at half a month’s Reckonable Emoluments i.e. pay in pay band, grade pay, Military service pay, NPA, if any, last drawn and dearness allowance, for each completed six monthly, period of qualifying service. The Maximum limit of Invalid Gratuity is Rs. 10 lac.
Where an officer is invalided out of service on account of disability sustained under circumstances mentioned in category “E” , he shall be entitled to War Iinjury Pension consisting of Service Element and War Injury Element as follows :-
(i) Equal to Retiring Pension determined as per Para 6 of Military letter No. 17(4)/2008(2)/D(Pen/Pol) dt 12/11/2008 subect to Min. of Rs. 3500/-PM. There shall be no condition of minimum qualifying servie for earining this element.
(ii) equal to reckonable emoluments last drawn for 100% disablement. For lower percentage of disablement, war injury element shall be reducedpropotionality. The cap on War injury pension w.r.t. emoluments last drawn in case or disabled pensioners belonging to category E has been removed w.e.f 1-07-2009.
An officer who is retained in service despite the disability due to war injury sustained under circumstances mentioned in category ‘E’ and retire subsequently shall have on option as follows.
(a) to draw lump sum compensation in lieu of war injury element foregoing war injury element at the time of subsequent retirement.
(b) to draw war injury element at the time of retirement in addition to retiring pension admissible on retirement, foregoing lump sum compensation.
The rate of war injury element for 100% disability on retirment / discharge from service shall be 30% of emolument last drawn subject to minimum of Rs. 3510/- PM for 100% disability. for disability less than 100% pension shall be reduced proportionally.
In case an officer is found to have a disability which is sustained under the circumstances mentioned in category E of Disability which is assessed at 20% or more for life but the officer is retained in service despite such disability and opts for lump sum compensation, he shall be paid the lump sum compensation in lieu of war injury element.
The rate of war injury element for 100% disability on retirement / discharge from service shall be 30% of emolument last drawn subject to minimum of Rs. 3510/- PM for 100% disability. For disability due to war injury less than 100%, the rates shall be proportionately reduced.
The one time compensation in lump sum in lieu of war injury element will be equal to the capitalized value of war injury element.
Age next birth day will be reckoned with reference to the date of onset of disability with loading to age, if any, recommended by the Competent Medical Board.
Once the compensation in lieu of war injury element due to disability for life has been paid, there shall be no further entitlement on account of such a disability at the time of retirement form Armed Forces. Since this is one time payment of compensation, no restoration will be permitted.
Where an officer is retained in service despite injury/disability sustained under the circumstances mentioned in Category ‘E’ and does not opt for lump sum compensation in lieu of war injury, he shall be entitled to the payment of war injury element on a monthly basis at the rate prescribed in above Para above on subsequent retirement.
For disabilities less than 100 %, the above rate shall be proportionately reduced. No war injury shall be payable for disabilities less than 20 %.
An officer sustaining disability under the circumstances mentioned in category ‘D’ shall be entitled to same benefits as admissible to war injury cases on invalidment/ retirement including lump sum compensation. However, on invalidment, they shall be entitled to disability element instead of war injury element in addition to service element.
There shall be no condition of minimum qualifying service for earning this element.
The amount of service element is equal to retiring / service pension determined as per Para 6 of MOD letter No. 17(4)/2008(2)/D(Pen/Pol) dt 12-11-2008.
The rate of disability element for 100% disability for various rank is 30% of emolument last drawn subject to minimum of Rs. 3510/-. For disabilities less than 100 % the above rate shall be proportionately reduced.
Ex- gratia awards (except service entry) in respect of Cadets in the event of disablement due to cause attributable to or aggravated by conditions of military training shall be admissible @ Rs. 3500/- p.m. with effect from 1.1.06 for life.
In addition, a disability award on ex-gratia basis shall also be admissible to the ex-cadets @ Rs. 6300/- p.m. with effect from 1.1.06 for 100% disability during the period of disability. The amount of disability award shall be proportionately reduced when the degree of disablement is less than 100% No disability award shall be payable whose degree of disablement is less than 20%.
Constant Attendance Allowance @ Rs. 3000/- p.m. with effect from 1.1.06 shall also be admissible.
The benefit of montly Ex gratia payment as mentioned above shall also be admissible to Pre 1.1.06 cases as well with financial effect from 1.9.08
An officer may submit two appeals against rejection of disability pension. He may prefer first appeal to the Service HQrs (Director PS-4 ) within six months from the date on which decision on the entitlement is communicated to him.
The officer can make a second appeal within six months from the date of rejection of Service HQrs. The second appeal is considered by the Defence Ministry Appellate Committee headed by Raksha Mantri /Rajya Raksha Mantri.