ESM due to COVID-19

• Grant of SFP in case of disability or death due to a particular infection / disease already exists.
• This is equally applicable in the case of COVID-19 infections.

No. 2(3)/2022/D (Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

Sena Bhawan, New Delhi,
Dated, the 16th August, 2022

To

The Chief of Defence Staff
The Chief of Army Staff
The Chief of Naval Staff
The Chief of Air Staff

Subject: Grant of Disability Pension/ Element/ Special Family Pension in case of death of ESM due to COVID-19 – clarification thereon.

Sir,

The undersigned is directed to say that references have been received from all the three services for want of clarification regarding grant of Disability Pension/ Special Family Pension in cases of disability / death of ESM due to COVID-19. The three Services have reported that during processing of such cases, Principal Integrated Financial Advisor (PIFA) of the concerned services have desired clarification from this Ministry on grant of SFP in case of death due to COVID-19.

2. The matter has been examined in this Ministry in consultation with its stakeholders. The competent authority has decided to clarify the following in this regard:

• (i) All cases of infection due to any cause do not get attributability as per existing rules and regulations, as every case is different and the rules and regulations are robust. Similarly, all cases of disability / death due to COVID-19 will not qualify for award of attributability as being explained by the Release Medical Boards or the competent medical or the competent medical authorities.
• (ii) It will be difficult to bring out such a direct causal connection between the Government Service and the disease (COVID-19) since contraction of infection from other sources beyond office hours cannot be ruled out, except in cases of frontline workers where Government has made other provisions.
• (iii) For award of Disability Pension / Element / Special Family pension, a causal connection between disability or death and Military Service has to be established by appropriate authority. Thus, policy for grant of SFP in case of disability or death due to a particular infection / disease already exists. But the concerned competent authority has to establish causal connection between infection / disease and Military Service. This is equally applicable in the case of COVID-19 infections.

3. This issues with the concurrence of Finance Division of this Ministry vide their ID Note No. 10(04)/2022/ FIN/PEN dated 16.06.2022.

4, Hindi version will follow.

Yours faithfully,
Sd/-
(Ajay Kumar Agrawal)
Deputy Secretary to the Govt. of India

Download Grant of Disability Pension / Special Family Pension in case of death of ESM due to COVID-19 MOD Order PDF

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DEPARTMENT OF EX-SERVICEMEN WELFARE (DESW)

STATUS ON THE RECOMMENDATIONS OF THE OF RAKSHA MANTRl’s COMMITTEE OF EXPERTS CONCERNING DESW 

Recommendation

2.2.8 WAR INJURY PENSION TO WORLD WAR II RETIREES DISABLED IN WW II:

The Committee notes with concern such discrimination and that too with a class of pensioners/family pensioners who stood against all odds for a war against humanity and that too at a time when fighting in foreign lands was taboo and who are now numerically placed on a sharp diminishing scale, It is hence strongly recommended that immediate measures be initiated to release _war injury pension and liberalized family pension with financial effect from 01-01- 1996 respectively to all those disabled retirees of WWII who are in receipt of disability pension and widows of personnel deceased in WWII who are in receipt of family pension.

Status:

Not Accepted :

The following facts with regard to the issues for grant of War Injury Pension to World War-II disabled veteran, involved merits considerations:-

(i} World War-II took place 70 years back, during 1939-1945. The number of live pensioners may be very very rare. The retention period of relevant record of the individuals which will require ascertaining the disability assessed during WW-II may be over. There may be a rare chance of retrieving the required information/data for decision of policy,

(ii} The concept of War Injury Pay has been introduced in 1972 for Defence Forces Personnel. War Injury Pay is known as War Injury Pension from 4th CPC.

(iii) Opening of the case for examination the proposal is just like opening a Pandora’s box which will lead to open WW-I and other earlier cases which have no merit and factual documentary proof/data.

The comments of CGDA office were also received on the proposal which are reproduced as under:

“(a) GoI, MoD vide letter No. 200847/ Pen­ C/71 dated 24th Feb, 1972, introduced liberalized pensionary awards for war widows and war disabled servicemen. These provisions were made available for disablement of personnel on account of injuries sustained or personnel killed in action in operations against Pakistan commencing form 3rd Dec, 1971 besides a few more categories mentioned in the letter.

(b) It may be seen that casualties of WW-II not covered in the above Government letter. Further, pension documents of Armed Forces pensioners were migrated to PCDA (P) Allahabad from CMA (P), Lahore during the year 1947-48. This office is not in a position to identify’ the cases related to World War–II.

In a reply to Parliament Question, it was replied that no separate database has been maintained for WW-II veterans. Hence it would be difficult to work out any pension for them in absence of data. 

However, taking into the fact that the number of such veterans will be very small, some other assistance (financial) in addition to the existing one was considered for needy veterans to lead a decent life which . they deserve. Accordingly, RSBs/ZSBs were requested to ascertain the same in their area. Once the details are known, further action can be planned. 

KSB vide their letter dated 24.11.2017 has provided the details of disabled pensioners/ family pensioners retirees from Defence military budget in respect of WW-II veterans as received from various States/ UTs. It has been observed that many States/UTs have not responded and KSB have stated that reminders being made to non­ responsive States to forward the detail and same would be forwarded on receipt. However, the details from the non-responsive States/ UTs have not been provided by KSB sofar. Further, KSB vide their letter dated 5.2.2018 have intimated that the data/details of WW-I/ is not maintained/ available with them.

DS(Res.11) informed that the WW-II veterans/ widows are provided financial assistance by States / UTs. After the direction of the Standing Committee on Defence (16th Lok Sabha), all the States/UTs were requested by the then Secretary (ESW) in March 2015 and Sept 2016 to enhance the amount of financial assistance given to WW-II veterans.

World War-ll veterans are eligible for disability pension/mustering out pension as per the Pension Rules applicable during the period. The concept of War Injury Pay was introduced in 1972. The recommendation for grant of War Injury Pension was examined in consultation with CGDA and not found feasible for implementation. Majority of States/UTs have responded positively.

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GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
LOK SABHA

UNSTARRED QUESTION NO: 1649
ANSWERED ON: 11.02.2022

Disability Pension to Lower Ranks/Sepoy

1649. Shri Ramalingam S.

Will the Minister of DEFENCE be pleased to state:-

(a) whether disability pension being is granted to the lower ranks/sepoy in the military and if so, the details thereof;

(b) whether some discrimination has been reported in sanctioning disability pension to some lower ranks/sepoy in the military;

(c) if so, the details thereof;

(d) whether the Ministry has received any grievance/request from lower ranks/sepoy in this regard; and

(e) if so, the details thereof and the action taken by the Ministry thereon?

ANSWER

MINISTER OF STATE (SHRI AJAY BHATT)
IN THE MINISTRY OF DEFENCE

(a) Yes, Sir. As per extant orders, Armed Forces Personnel including Sepoy who is invalided out from service on account of a disability which is attributable to or aggravated by Military service is being granted disability pension consisting of service element and disability element. The rate of disability element for 100% disability shall be 30% of emoluments last drawn by the individual. For lower percentage of disability, the disability element reduces proportionately.

(b) & (c): No, Sir.

(d) & (e): Saabka Sainik Sangarsh Committee submitted various representations regarding calculation of disability element on slab based system as had been recommended by 7th Central Pay Commission (CPC).

The 7th CPC recommended a return to the slab based system. The 7th CPC, however, in respect of Civilian Employees of Central Government had not made any recommendation. Civilian Employees of Central Government were getting disability pension under 6th CPC on percentage based system as such they will continue to get disability element on percentage based system. It created an anomalous situation. Therefore, the Service Headquarters requested to maintain Status quo i.e. to be continued the calculation method of disability element on percentage basis as per 6th CPC regime. The concerns of Services were examined in this Department and the matter was referred to Anomaly Committee on Pension through Department of Expenditure, Ministry of Finance.

Department of Expenditure, Ministry of Finance conveyed the approval of the Cabinet regarding recommendation of Anomaly Committee in the matter that parity with Civilian for grant of Disability Element which was granted to Defence Forces under 6th CPC regime, shall be maintained. Accordingly, orders were issued on 04.09.2017 for continuing Disability Element on percentage basis.

Saabka Sainik Sangarsh Committee was replied on the lines of existing position.

Loksabha QA

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5th CPC casualty pensionary awards – CGDA for deciding pensionary payments for death or disability due to causes related or aggravated by military service, a number of categories have been established.

No. 2(3)/2012/D (Pen/Pol) /Vol-II
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)

New Delhi dated 02.09.2021

To

The Chief of the Defence Staff,
The Chief of the Army Staff,
The Chief of the Naval Staff,
The Chief of the Air Staff

Subject : Implementation of the Government decision on the recommendations of the fifth CPC regarding casualty pensionary awards for the Armed Forces Officers and JCOs & Other Ranks.

Sir,

The undersigned is directed to refer to this Ministry’s letter No. 1(2)/97/D(Pen-C) dated 31st January 2001. In terms of Para 4.1 of this letter, various categories have been enumerated for determining the pensionary benefits for death or disability under different circumstances due to attributable or aggravated by military service causes. One of the circumstances enumerated under Category ‘E’ (f) (ii) of the said para of the above mentioned MoD letter is ‘battle inoculation training exercises or demonstration with live ammunition.

2. Subsequently, it was decided to vide MoD letters No. 1(11)/2006-D (Pen-C)/PC dated 8th September 2009 and No. 1(11)/2006- D(Pen-C)/PC dated 5th March, 2010 that the term ‘Battle Inoculation Training Exercises’ would cover the following six categories :

• (i) Flying operation involved in rehearsing of war plans and implementation of OP instructions inclusive of international exercises.
• (ii) All combat and Tactical Sorties in preparation of war.
• (iii) Valley flying and missions involving operating at ultra low levels.
• (iv) All operational missions undertaken during peace like Special operations, Live ORP, Recce, Elint, Survey and induction trials of new weapons.
• (v) Missions undertaken in support of troops and security forces deployed in forward areas.
• (vi) Flying missions involving landings on the ALGs.

3. Para 2 of the MoD letter dated 08th September 2009 states that “cases already settled prior to the date of issue of this letter will not be reopened”.

4. The matter has been examined in this Ministry and it has been decided that the flying accidents cases that occurred on or after 01.01.1996 and which fall strictly under six categories mentioned at para 2 above may also be considered for grant of pensionary benefits in terms of MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001. Accordingly, Para 2 of the MoD letter No. 1(11)/2006/D (Pen-C)/PC dated 8th September 2009 stands removed.

7TH PAY COMMISSION PAY MATRIX TABLE FOR DEFENCE PERSONNEL

5. Service Hqrs./Record Offices concerned are advised to re-examine each such case strictly in accordance with six categories mentioned at para 2 above in consultation with PCDA without any deviation.

6. This issues with the concurrence of MoD(Fin/Pen) vide their UO No. 10(4)/2010/FIN/PEN dated 30.06.2021.

7. Hindi version will follow.

Yours faithfully

(Ashok Kumar)
Under Secretary to the Govt. of India

Copy to:
As per the standard distribution list.
DFA(Pension)
CGDA

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. D-43/4/2018 -F(E)III

New Delhi. dated: 19.02.2021.

The General Managers/Principal Financial Advisors,
All Zonal Railways/Production Units.

Sub: Grant of provisional benefits on death/disability of Railway servants covered under National Pension System (NPS) – reg.

Attention is invited to Board’s letter of even number dated 20.01.2020 vide which clarification was issued providing that Railway servant/ family member in the case of death of Railway servant or his discharge from service on account of invalidation/disability is entitled to pension/ family under old pension scheme under Railway Services (Pension)/ Rules 1993 if the Railway servant/ family wants to. Also, the entire accumulated pension funds under NPS may be recovered from him/family with interest for the period from the date of receipt of entire accumulated pension wealth to a subscriber under NPS to the date of refund to the Government at the rate and manner applicable to GPF deposits from time to time.

2. Now, references have been received in this office stating that some of the department family members of the deceased employees under NPS are not in a position to surrender the entire accumulated NPS corpus in one go. it has been requested that the dependent family members of the deceased Railway employees may be given option to return the accumulated NPS corpus of the employee in installments and from the arrears of the family pension instead of depositing the entire accumulated NPS corpus with interest.

3. The above issue have been examined in consultation with Department of pension & Pensioners’ Welfare (DOP&PW) the nodal Department of the Government in pensionary matters. It is clarified that in case, the Railway servant or family has already availed benefits from accumulated pension corpus, the same may be recovered from them with interest. The accumulated pension corpus along with interest may be adjusted from the arrears of pension/family pension or any other method while ensuing at the same time that there is no loss to the Railways.

(G. Priya Sudarsani)
Director. Finance (Estt.)
Railway Board

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No.1/7/2017- P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
July 28, 2020

OFFICE MEMORANDUM

Subject: Grant of disability pension, comprising service element and disability clement to pre-2006 disability pensioners, who were boarded out from service, with less than 10 years of qualifying service, due to an injury/ disability, attributable to Govt. service – regarding.

The undersigned is directed to say that, considering the hardship being faced by the disabled Government servants, covered under the provisions of CCS (EOP) Rules, the Government had decided to dispense with the minimum service required for earning service element of disability pension, with effect from 01.01.2006 and orders were issued vide OM No.33/5/2009-P&PW (F). dated 10th December 2010.

Also check: 7th CPC Concordance Table – Revision of pension pre-2016 pensioners/family pensioners

2. A doubt has been raised whether the provision of the aforesaid OM, dated 10.12.2010, would be applicable to the Government servants who were boarded out of service, prior to 01.01.2006, with a qualifying service of less than ten years.
3. The matter has been examined and it is clarified that Central Civil Government servants who were boarded out, prior to 01.01.2006, with a qualifying service of less than ten years and were in receipt of only the disability element of disability pension, would also be eligible for the service element of disability pension, w.e.f. 01.01.2006, in addition to the disability clement.
4. For calculating the disability pension w.e.f. 01.01.2006, the disability pension comprising, both the service element and the disability clement, will be notionally fixed from the date of boarding out and the same will be notionally revised in accordance with the orders tor revision of disability pension. issued from time to time. The actual payment of such revised disability pension would be payable only w.e.f. 01.01.2006, No arrears on account of grant of service element, for the period prior to 01.01.2006, would be admissible. The amount of service gratuity, if any paid, to the Government servant at the time of boarding out would be adjusted from the arrears of pension accruing as a result of these orders.
5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their ILD. Note No. 1(9)/EV/2019 dated 25/06/2020.
6. In their application to the persons belonging to Indian Audit and Accounts Department, these orders are issued under Article 148(5) of the Constitution and after consultation with the Comptroller and Auditor General of India.
7. The Administrative Divisions of all Ministries / Department & attached / subordinate offices are requested to bring the contents of these instructions to the notice of all concerned for compliance.

(Seema Gupta)
Director

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Availing benefit of Additional Relief on Death / Disability of the Government Servant covered under NPS

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TAIKOOT-II,BHIKAJI CAMA PLACE,
NEW DELHI-110066

CPAO/IT&Tech /NPS Procedure/ 22 Vol-III/P.F./2019- 20/85-92

04.09.2019

Office Memorandum

Subject: Accounting Procedure for crediting the amount withdrawn by the pensioner from PFRDA and interest thereon in to Government Account for availing benefit of Additional Relief on Death/ Disability of the Govt Servant covered under NPS-reg.

Attention is invited to DP&PW OM. No. 38/41/06/P&PW(A) dated 05.05.2009 to be read with OM No. 28/03/2018-P&PW(B) dated 02.04.2018 wherein it is stated the “The Exit and Withdrawals under NPS regulations 2015 provides in para 6(e) that if the subscriber or the family members of the deceased subscriber, upon his death, avails the option of additional relief on death or disability provided by the Government, the Government shall have right to adjust or seek transfer of the entire accumulated pension wealth of the subscriber to itself. The subscriber or family members of the subscriber availing such benefit shall specifically and unconditionally agree and undertake to transfer the entire accumulated pension wealth to the Government, In lieu of enjoying or obtaining such additional reliefs like family pension or disability pension or any other pensionary benefits from such Government authority.” It is also stated in the OM dated 02.04.2018 that “the family of the deceased Govt. servant is entitled to family pension under old pension scheme, if they want to avail the benefits under old pension scheme. In this case the entire accumulated funds under NPS may be recovered from the family with interest However, the possibility to adjust the recovery of accumulated wealth from arrears of family pension may also be explored. “

References have been received from the Pay & Account Offices for accounting procedure for N PS corpus deposited by the pensioner/family pensioner or received from PFRDA.

O/o the CGA vide its U O no. 1(7)(2)/2010/Cla/TA/205 dated 05.08.2019 has suggested the accounting procedure for the amount of NPS corpus received from pensioner/family pensioner/ PFRDA as under:

• The amount received may be deposited into the existing government account of the PAO concerned.
• The receipt may be accounted for by crediting MH 0071- Contributions and Recoveries towards Pension and other retirement benefits, 01- Civil. Minor Head 101-Subscriptions and Contributions. A new sub-head ‘Accumulated Pension Wealth in respect of N PS subscribers’ may be got opened under the above head for the purpose, if already not opened.

All the Pr. CCAs/CCAs/CAs/ AGs/Administrators of UTs are requested to instruct concerned PAOs to follow the accounting procedure mentioned above.

Sd/-
(Md. Shahid Kamal Ansari)
(Dy. Controller of Accounts)

Source: CPAO

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More than 40,000 individual to be benefitted

07 MAR 2019

The Cabinet Meeting Chaired by Prime Minister Narendra Modi today approved the grant of Ex-Servicemen Contributory Health Scheme (ECHS) facilities to World War-II Veterans, Emergency Commissioned Officers (ECOs), Short Service Commissioned Officers (SSCOs) and pre-mature retirees.

As a result, over 43,000 individuals not covered so far under ECHS will be able to avail the benefits of cashless medical treatment under ECHS facilities through a network of over 425 ECHS polyclinics, over 2500 empanelled private hospitals and all Government hospitals throughout the country, subject to certain conditions.

As a special dispensation, war-widows will be exempt from one-time contribution to join ECHS.

Launched by NDA Government in April 2003, ECHS provides quality medicare to 54 lakh ex-servicemen pensioners, their dependents and a few other categories.

Measures for welfare of Ex-Servicemen:

Today’s decision is yet another landmark step in the pro-active policies of the Government since its very first days for welfare of our valiant ex-servicemen, who rendered valuable service to the country.

Implementation of ‘One Rank One Pension’ for ex-servicemen, a demand which had been pending for over four decades, has resulted in over 20 lakh ex-servicemen receiving more thanRs. 35,000 Crore under the scheme. Other welfare measures by the Government for ex-servicemen include increase in pension by 40%, disability pension for pre-mature retirees, applicability of battle causality compensation at Line of Actual Control, Line of Control and International Border, financial assistance to soldiers on their supreme sacrifice through newly created Army Battle Causalities Welfare Fund, enhancement of ex-gratia ad-hoc allowance, Special Pension to Ex-sailors and skill development training in 36 job roles to over 30,000 retiring soldiers so far.

PIB

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31 DEC 2018

As per Ministry of Defence order dated 31.01.2001, Armed Forces Personnel who retire voluntarily / or seek discharge on request are not eligible for any award on account of disability. Provided that Armed Forces Personnel who are due for retirement / discharge on completion of tenure, or on completion of service limits, or on completion of the terms of engagement or on attaining the prescribed age of retirement, and who seeks pre-mature retirement / discharge on request for the purpose of getting higher commutation value of pension will remain eligible for disability element.

Further, Armed Forces personnel who are retained in service despite disability, which is accepted as attributable to or aggravated by Military Service and have forgone lump sum compensation in lieu of that disability, may be given disability element / war injury element at the time of their retirement / discharge whether voluntary or otherwise in addition to Retiring / Service Pension or Retiring / Service Gratuity. These provisions are effective from 1.1.2006

This information was given by Raksha Rajya Mantri Dr. Subhash Bhamre in a written reply to Shri Sanjay Seth in Rajya Sabha today.

PIB

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No.1/6/2017-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003,
Dated the 10th October 2018

OFFICE MEMORANDUM

Subject: Revision of disability pension and family pension under CCS (EOP) Rules to pre 1996 and pre-2006 disability pensioners and family pension under CCS(EOP)Rules – inclusion of Non-practicing Allowance (NPA) for revision or disability pension and family pension covered under CCS(FOP) Rules to retired medical Officers – regarding

The undersigned is directed to say that orders were issued vide this Department’s OM No 45122/1997-P&PW (C) dated 11.9.2001 for revision of disability pension/Family pension under CCS(E0P)Rules in respect of Pre-1996 pensioners. These orders inter-alia provided for revision of Pension of Pre-1996 Disability Pensioners and family pensioners under EO.P Rules on the basis of the minimum basic pay in the revised pay scale applicable w.e.f 1 1.1996.

2. Vide this Department’s OM No. 45/3/2008-P&PW(F) dated 30.9.2010, as amended vide OMs dated 20.11.2014, 29 4.2016 and 8.8.2016, orders were issued for revision of pre-2006 Disability Pensioners and family pensioners under EOP Rules on the basis of the minimum of the pay in the pay band plus grade pay or minimum of pay in the revised scare of pay applicable from 1.1.1996 corresponding to the pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30/8/2008.Revision of disability pension and family pension under CCS(EOP)Rules – inclusion of NPA

3, In implementation of the judgment dated 27.11.2013 of Hon’ble Supreme Court in CA No. 10640-36 of 2013 and other connected matters, orders were issued. vide this Department’s OM No. 38/31/2011-P&PW (A) (Vol.IV) dated 14.10.2014 that in the case of Pre-1996 retired Medical Officers, NPA at the rate of 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to pre-1996 pay scales from which the pensioner has retired in cases where consolidated pension/family pension was to stepped up based on minimum of revised pay scales.

4. Similarly, orders were issued vide OM NO.38/31/2011-P&PW(A) (Vol-IV) dated the 18th February, 2015 that in the case of pre-2006 retired Medical Officers, NPA @ 25% would be added to the minimum of the pay in the revised pay band plus grade pay (or minimum of pay in the revised pay scale in the case of HAG and above ) as on 01.01.2006 corresponding to the pre-revised pay scales from which they retired in case where pension / family pension is to be stepped up to 50% / 30% of the minimum pay respectively

5. It is hereby clarified that for the purpose of revision of Disability Pension/family pension of the pre 1996 pensioners under CCS(EOP) Rules also, NPA at the rate of 25% shall be added .to the minimum of the pay in the revised scale of pay on 01,01.1996 corresponding to the Pre 1996 pay scales in respect of the retired Medical Officers. Similarly, for the purpose of revision of Disability pension/Family pension of pre-2006 pensioners under CCS(EOP)Rules, NPA @25% shall be added to the minimum of the pay in the pay band plus Grade pay or minimum of the pay in the revised pay scale applicable from 01.01.2006 corresponding to the pay scale from which the pensioner retired.

6. The emoluments (minimum pay + NPA) to be reckoned for calculation of the Disability Pension/Family pension in terms of the above provisions would not exceed Rs. 30,000/- w.e.f 1.1,1996 and Rs.85,000 w.e.f 1.1.2006.

7. The other terms and conditions stipulated in this Department’s OM No. OM No. 45/22/1997-P&PW (C) dated 11.9.2001 and OM No 45/3/2008-P&PW(F) dated 30,9.2010, 20.11.2014, 29.4.2016 and 8.8.2016 shall remain unchanged.

8. This issues with the approval of Ministry of Finance, Department of Expenditure vide their ID No.1(3)/E-V/2018 dated 08.08.2018

(Sujasha Choudhury)
Director

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