Directorate General Resettlement, Department of Ex-Servicemen (Ministry of Defence) has published a detailed explanation for Ex-Servicemen.

DEFINITION OF EX-SERVICEMEN

Those who were released between 01 Jul 66 and 30 Jun 68 (both days inclusive) – Any person who has served in any rank (whether as a combatant or not) in the Armed Forces of the Union, has been released there from otherwise than by way of dismissal or discharge on account of misconduct or inefficiency

(Authority : Min of Home Affairs Notification No F.14/26/64-Estt(D) dated 11 Oct 1966)

Those who were released between 01 Jul 68 and 30 Jun 71 (both days inclusive) – Any person who has served in any rank (whether as a combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months and released there from otherwise than by way of dismissal or discharge on account of misconduct or inefficiency

(Authority : Min of Home Affairs Notification No 14/11/68-Estt(D)/Estt -C)
dated 13 Feb 69)

Those who were released between 01 Jul 71 and 30 Jun 74(both days inclusive) – Any person who has served in any rank (whether as a combatant or not) in the Armed Forces of the Union and has been released there from otherwise than by way of dismissal or discharge on account of misconduct or inefficiency

(Authority : Cabinet Secretariat, Department of Personnel Notification No 13/3/71-Ests(C) dated 14 Oct 71)

Those who were released between 01 Jul 74 and 30 Jun 79(both days inclusive) – ESM means a person who has served in any rank(whether as a combatant or non -combatant) in the Armed forces of the Union, for a continuous period of not less than six months after attestation and has been released there from otherwise than by way of dismissal or discharge on account of misconduct or inefficiency.

(Authority : Cabinet Secretariat, Department . of Personnel & Administrative Reforms Notification No 13/24/73-Estt(C) dated 26 Oct 74)

Those who were releasedbetween 01 Jul 79 and 30 Jun 87(both days inclusive) – Any person who has served in any rank(whether as combatant or not)in the armed forces of the Union for a continuous period of not less than six months after attestation if discharged for reasons other than at their own request or by way or dismissal or discharge on account of misconduct or inefficiency and not less than five years service if discharged at own request.

(Authority : Department . of Personnel & Administrative Reforms Notification No 39016/10/79-Estt(C) dated 15 Dec 79)

Those who were released on or after 01 Jul 87 – Any person who has served in any rank (whether as combatant or not) in the armed forces of the Union and was released/retired with any kind of pension from Defence Budget or released on completion of specific terms of engagement with gratuity otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency.

(Authority : DOP&T OM No 36034/5/85-Estt(SCT) dated 14 Apr 87)

Personnel of Territorial Army – Who are pension holders ;for continuous embodied service, persons with disability attributable to military service and gallantry award winners retired on or after 15 Nov 86.

(Authority : DOP&T OM No 36034/5/85-Estt(SCT) dated 14 Apr 87)

Personnel of Army Postal Service – Personnel of Army Postal Service , who are a part of regular Army and retire from such service (that is directly from APS without reversion to P&T Department) with a pension or who have been released from such service on medical grounds attributable to military service or circumstances beyond their control and awarded medical or other disability pension shall come within the definition of ex-servicemen

(Authority : Min of Defence OM No 9(52)/88/D)(Res) dated 19 Jul 89)

Note : As per Govt. of India, Min of Def/Department of ESW OM No 1(9)/2010/D(Res-I) dated 20/21 Jul 2011, personnel who were on deputation in APS for more than six months prior to 14 Apr 87 would also be considered as ex-servicemen with all consequential benefits.
Recruits – Who are boarded out/released on medical grounds and granted medical/disability pension. However, the operation of the OM has been kept in abeyance for issuance of notification by DOP&T.

(Authority : Min of Def/Department of ESW OM No 12/1/2005/D(Res) dated 01 Feb 2006)

Those who were released on or after 10 Oct 2012 **

An ex-servicemen means a person-
(i) Who has served in any rank whether as a combatant or non combatant in the Regular Army, Navy and Air Force of the Indian Union and

(a) Who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or her pension; or

(b) Who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

(c) Who has been released from such service as a result of reduction in
establishment;

or

(ii) who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal, or discharge on account of misconduct or inefficiency and has been given gratuity; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service;

or

(iii) personnel of the Army Postal Service who are part of Regular Army and
retired from the Army Postal Service without reversion to their parent service on medical grounds attributable to or aggravated by military service or circumstances beyond their control and awarded medical or other disability pension;

or

(iv) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14th April,1987; or

(v) Ex-recruits boarded out or relieved on medical ground and granted medical disability pension irrespective of the date of boarding out/release.***

** Authority: DOP&T office Memo No.36034/1/2006-Estt(Res) dated 04 Oct 2012 and this order came into force from the date it is published in the Gazette of India vide G.S.R 757(E) dated 10th Oct 2012.)

*** Authority – Ministry of Defence, Department of Ex-servicemen Welfare D(Res I) OM dated 07th July 2014 ex-recruits have been granted ESM Status irrespective of the date of boarding out/release.

Note : The eligibility of the person to the status of ex-servicemen will be governed by the definition in vogue at the time of his discharge and will not be affected by the changes in the definition subsequent to the discharge.

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Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO/ORs Pensioners/Family pensioners

No.16(01)/2014/D(Pen/Pol)
Govt. of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi Dated 18th May, 2016

To
The Chief of Army Staff
The Chief of Naval Staff
The Chief of Air Staff

Subject: Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Force Officers and JCO/ORs Pensioners/Family pensioners

Sir,
The undersigned is directed to refer to this Ministry’s letter No.17(4)/2008(1)/D(Pen/Policy)/Vol-V dated 15.02.2011 issued in implementation of Government decision on the recommendations of 6th CPC, under which minimum guaranteed rates of various casualty pensionary awards for pre-2006 Armed Forces Officers and JCOs/ORs on the basis of the minimum of the pay in the pay band plus Grade Pay, Military Service Pay & ‘X’ Group Pay where applicable have been provided. After issue of GOI, Ministry of Defence letters No.1(11)/2012/D(Pen/Pol) dated 17.1.2013, No.1(04)/2015(I)- D(Pen/Pol) dated 03.09.2015 and No.1(04)/2015(II)-D(Pen/Pol) dated 03.09.2015 the basis of the minimum guaranteed pension under Modified Parity has been changed as minimum of the fitment table for the rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of the minimum of the pay band.

2. Further, in respect of disability pensioners, the minimum guaranteed rates of Disability Element /Liberalized Disability Element/War Injury Element were already revised w.e.f 24.09.2012 vide GOI, MoD letter No 16(01)/2014/D(Pen/Pol) dated 10.04.2015 at the rates of the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendation of 6th CPC instead of minimum of the pay band. Similarly, the minimum guaranteed Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of JCOs/ORs) in respect of pre-2006 family pensioners of Commissioned Officers and JCO/OR were also revised with reference to minimum of the fitment table for the rank in the revised pay band w.e.f 24.09.2012 vide GOI, MoD letter No 1(16)/2012/D(Pen/Policy) dated 17.01.2013.

3. Now, President is pleased to decide that the rates of Casualty Pensionary Awards of all Pre-2006 Disability pensioners/Family Pensioners shall be revised with effect from 01.01.2006 on the basis of the minimum of fitment table for the Rank in the revised Pay Band as indicated under fitment tables annexed with SAI 1/5/2008, SAI 2/5/2008 & SAI 4/5/2008 as amended and equivalent instructions for Navy and Air Force.

4. Pension Disbursing Agencies (PDAs) are hereby authorized to take following action.

a) To step up the minimum guaranteed rates of Disability Element, Liberalized Disability Element, War Injury Element,Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards ( in case of JC0s/ORs) in respect of pre-2006 Disability/Family pensioners of Commissioned Officers and ICO/ORs, in the affected cases, in respect of Pre-2006 pensioners with effect from 01.01.2006 instead of from 24.09.2012 and arrears, if any, on account of these Casualty Pensionary Awards shall be paid accordingly.

b) The minimum guaranteed rates of Disability Element, Liberalized Disability Element, War Injury Element on the basis of minimum of fitment tables for the various Ranks in the revised Pay Band shall be reckoned from Annexure 1 to 7 appended with this letter.

c) Further,the minimum guaranteed rates of Special Family Pension, Dependent Pension (Special), Liberalized Family Pension, Dependent Pension (Liberalized) & Second Life Awards (in case of JCOs/ORs] in respect of pre-2006 Family pensioners of Commissioned Officers and JCO/ORs on the basis of the minimum of fitment table for the Rank in the revised Pay Band shall be reckoned from Annexure ‘A’, ‘B’,’C’ & ‘D’ appended with this letter.

d) Therefore; if any arrears, in respect of Casualty Pensionary Awards due to difference in rates as per this Ministry’s letter No 17(4)/2008(1)/D (Pen/Policy) /Vol-V dated 15.02.2011 and as envisaged in GOI, MoD letter No 16(01)/2014/ Wen/Poi) dated 10.04.2015 and rates indicated in Annexure 1 to 7, ‘A’, ‘B’,’C’ & ‘D’ attached with this letter shall be paid accordingly.

e) However, in respect of Casualty Family PenSionary Awards where revised pension in terms of GOT, MoD letter No 1(16)/2012/D(Pen/Pol) dated 17.01.2013 is higher than the rates indicated in annexure attached with this letter, the same shall be continued.

f) Similarly, the minimum guaranteed rates of Disability Element /Liberalized Disability Element/War Injury Element revised w.e.f 24.09.2012 vide GOI, MoD letter No 16(01)/2014/D(Pen/Pol) dated 10.04.2015, the same shall be continued where beneficial.

g) The Service element of Disability Pension and War Injury Pension will be revised as per MoD letter No 1(04)/2015(I)-D(Pen/Pol) dated 03.09.2015 and letter No 1(04)/2015(II)-D(Pen/Pol) dated 03.09.2015 read with MoD letter No 17(4)/2008(I)D(Pen/Pol) dated 11.11.2008 and other Govt. order on the subject modifying the provision of these orders issued from time to time.

h) Service element of War Injury Pension in invalidment case will be given for the maximum of terms of engagement for the rank of Armed Force Personnel from which he had invalided out.

5. However, the aggregate of Service Element (revised in terms of Para 2.1 of GOI, MoD letter No 16(6)/2008(1)/D(Pension/Policy) dated 04.05.2009 as amended from time to time) and War Injury Element shall not exceed the minimum of the fitment table for the Rank in the revised pay structure issued for implementation of recommendations of 6th CPC introduced from 01.01.2006 corresponding to the pre-revised Pay scale held by the Armed Forces Personnel at the time of retirement /discharge/Invalidment. This ceiling of aggregate of War Injury Pension (Service element plus War Injury element) with reference to minimum of fitment table in the revised pay structure, applicable from 01.01.2006, as stated above shall stand removed with effect from 01.07.2009 vide GOI, MoD letter No 10(01)/D(Pen/Pol)/2009/Vol.II dated 19.01.2010. Therefore, the arrears in respect of War Injury Pension shall be calculated in two phases viz. w.e.f 01.01.2006 to 30.06.2009 with the ceiling as stated above and w.e.f 01.07.2009 to 23.09.2012 with ceiling after removal of Cap. However, in no case the revised Liberalized disability pension ( i.e, aggregate of service element revised in term of Para-2.1 of this Ministry letter dated 04.05.2009 as amended from time to time plus disability element ) shall be less than 80% of minimum of the fitment table.

6. In cases where pensioner was alive on 01.01,2006 and died/dies subsequently before receiving payment, his Legal heir/heirs is/are entitled to the LTA with effect from 01.01.2006 till death of the pensioner or 23.09.2012 whichever is earlier. In such cases the payment will be made to Legal heir/heirs.

7. Any over payment of pension coming to the notice or under process of recovery shall be adjusted in full by the Pension Disbursing Agencies (PDAs) against the arrears becoming due on revision of Casualty Pensionary Award on the basis of these orders.

8. This order will take effect from 01.01.2006 and arrears, if any, shall be payable from 01.01.2006 to 23.09.2012.

9. All other terms and conditions shall remain unchanged.

10. Pension Regulations of all the three Services will be amended in due course.

11. This issues with the concurrence of Finance Division of this Ministry vide their ID No PC-3 to No.10(12)12012/Fin/Pen dated 1.2.05.2016.

sd/-
(R.K.Arora)
Under Secretary to the Govt. of India

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Removal of anomaly, if any, in the pension being given to the various categories of ex-servicemen is a continuous process. Such anomaly is redressed, as and when it comes to the notice of the Government.

The policy of “One Rank One Pension” has been adopted by the Government to address the pension disparities. The modalities for implementation of OROP are under consideration of the Government. It will be implemented once the modalities are approved by the Government.

A Pension Grievance Cell exists in the Department of Ex-Servicemen Welfare. Grievances received by this Cell are examined and redressed in coordination with the agencies concerned in the matter. A system of holding Pension Adalat is in place to provide a credible forum for redressal of grievances of the defence pensioners. Officers concerned of every organisation involved remain present in the Adalats and the grievances are redressed on the spot. A computerized pension enquiry project “Suvigya” has been developed by the Controller General of Defence Accounts (CGDA).

It is an online pension enquiry system which would enable the ex-servicemen to know their entitlements of pension. A pensioners’ grievance cell exists in the Office of Principal Controller of defence Accounts (Pension), Allahabad.

This information was given by Minister of State for Defence Rao Inderjit Singh in a written reply to Shri D.P Tripathi in Rajya Sabha on Thursday, 30 July 2015.

Source : PIB News

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G.I., Dept. of Ex-Servicemen Welfare, O.M.No.1(7)/2013-D(Pension/Policy), dated 15.5.2015

SUBJECT: Simplification of Pension process for permanently disabled children/siblings and dependent parents

Sir,
The undersigned is directed to refer to the provisions contained in the GOI, MOD letter No A/49601/AG/PS-4 (e)/3363/B/D(Pen/Ser) dated 27.08.1987 as modified vide this Ministry’s letter No.906//A/D(Pen/Ser)/05 dated 13.08.2008 and No 02(03)/2010-D(Pen/Policy) dated 17th January 2013 of the Department of Ex-Servicemen Welfare regarding grant of Pension to old parents and disabled children/sibling after the death of the pensioners/family pensioner. Certain difficulties are being experienced for grant of such pension. The matter has been examined and it has been decided to further streamline the process of grant of pension to old parents/disabled children sibling as under. The employee/pensioner/family pensioner may, at any time before or after retirement/ death of Armed Force Personnel, make a request to the Appointing Authority seeking advance approval for grant of family pension for lif to a permanently disabled child/sibling in terms of provisions contained in GOI, MOD Letter No.A/49601/AG/PS4(e)/3363/B/D (Pension/Services) dated 27.08.1987 as amended vide GOL MOD Letter No.906/ AIDGPen/Sers)/05 dated 13.08.2008, which are reproduced as under:

2. Before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialis in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child. As per GOI, MOD Letter No.PN/7995/D(Pen/Pol)/2010 dated 01.10.2010, the family Pension tothe dependent disabled siblings shall be payable if the siblings were wholly dependent upon the Armed Force Personnel immediately before his or her death and deceased Armed Force Personnel is not survived by a widow or an eligible child or eligible parents.

3(a). In terms of GOI, MOD Letter No.B/38207/AG/PS4/931/B/D(Pen/Ser) dated 6.08:-1998 the-family pension-to the parents-shall-be-payable if-the parents were wholly dependent on the Armed force Personnel immediately before his or her death and the deceased Armed force Personnel is not survived by a widow or an eligible child.

7. The authorization as indicated above shall be made in the PPO or by issuing a revised PPO if a child, parents or siblings is authorized for family pension after issue of the PPO. The revised PPO shall take the usual route to the Pension Disbursing Authority. The Pension Disbursing Authority shall start disbursing family pension to the permanently disabled child/sibling or dependent parents after the death of the pensioner/spouse/other family pensioner, as the case may be, on the basis of the PPO/revised PPO, approval of the appointing authority and the death certificates/s) of the pensioner and other family pensioners and the self-certificate for income.

8. Such an authorization shall become invalid in case a person becomes member of family after issue/amendment of such PPO and is entitled to family pension prior to the disabled child/sibling/dependent parents at the time of the death of the Pensioners/spouse. For example, the pensioner may marry/remarry after the death of first spouse or adopt a child. Such spouse/child may be eligible for family pension at the time of death of the pensioner or death/ineligibility of the spouse. A child adopted by the spouse of the pensioner shall not be treated as a member of the Family of the deceased pensioner. A decision regarding grant of family pension in such cases will be taken by the appointing authority in accordance with provisions of A151/80.

9. In order to facilitate the prompt payment of the family pension in such cases, Armed Force Personnel/pensioners/their spouses may open a bank account of such children/siblings/parents and submit the same to the Pension Sanctioning authority through the appointing authority for inclusion in the PPO /revised PPO.

10. This issues with the concurrence of the finance Division of this Ministry vide their UO No.10(01)/2015/FIN/PEN dated 24.03.2015.

Source: www.desw.gov.in

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‘Ex-servicemen entitled to pension on basis of rank last held’

Retired JWO in Air Force seeks to re-fix his pension

The pension payable to ex-servicemen should be calculated on the basis of the rank they held last before retiring from service even if it was held for a day and more for months as perceived, the Regional Bench of the Armed Forces Tribunal (AFT) in Chennai has reiterated.

Justice V. Periya Karuppiah and administrative member Lt. Gen. K. Surendra Nath (Retd.) of the Bench also held that all ex-servicemen were entitled to their pension on the basis of their rank last held and not just for pensioners, who retired before 1996.

Citing recommendations made by the Sixth Central Pay Commission and an order by the Ministry of Defence, the Bench said, “We have already observed that the requirement of 10 months’ service in the last held rank or Group to earn pension of that rank or Group has been removed and it is sufficient for a personnel of Armed Forces to hold the post even for one day at the time of his discharge to earn pension for that rank.”

When the benefits conferred upon the Armed Forces personnel on the changed policies have been laid, “it ought to have been issued by the respondents without any request from the applicant,” they said in a recent order.

Arrears sought: P. Gopalakrishnan, who retired as Junior Warrant Officer (JWO) in the Indian Air Force, applied for an appeal seeking the AFT to direct authorities to re-fix his pension in his last held rank as JWO in X Group from the date of his discharge in 2005 and sought for payment of arrears.

Read more at: The Hindu

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