Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/Legal)

Subject: Expeditious processing of Second Appeal cases – Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel, 2008.

Kindly refer to the various entitlements envisaged in the Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel, 2008 .

2. Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel, 2008 provide that an Armed Forces Personnel, who is boarded out on medical grounds or is discharged/ released/ retired in low medical categories, has the right to appeal against the denial of disability pension. These Rules also provide that, if a person is aggrieved by the denial of entitlement, he may, if he so desires, submit an appeal before Record Office/ Service HQrs within six months, which would be considered by the Appellate Committee for First Appeal. The Appellate Committee’s decision for upholding or rejecting the appeal will be by consensus. Any person, aggrieved by the decision in the First Appeal, may file a Second Appeal within six months of the decision of the Appellate Committee for First Appeal. The extant instructions also provide that in cases of non-consensus among the Members of the Second Appellate Committee on Pension, the Vice Chief of the respective Services shall forward the file to MoD for consideration of Hon’ble RRM.
3. During the processing of Second Appeal cases in this Department, It has been observed that in the majority of the cases, there has been inordinate delay at each level and the final disposal of Second Appeal applications is taking almost two years.
4. There is, thus, an urgent need for expeditious processing of Second Appeal cases. SHQs are, therefore, requested to not only streamline the entire process but also sensitize officials at all levels starting from the record office to examine and process such appeals in a time-bound manner so that the final decision involving the entire process is taken within 3-4 months.
5. This issues with the approval of the Secretary (ESW).

Revised Pension Tables of Casualty Pensionary awards for JCO/ ORs Pensioners/ Family pensioners

(SUSHIL KUMAR )
Director (Pen/Legal)

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Grant of Dual Family Pension for re-employed Military service

No. PC -2(6)/2013/D(Pen/Pol)
Government of India/Bharat Sarkar
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)

Dated 8th July, 2019

To

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

Subject: Clarification regarding grant of Dual Family Pension i.e. Ordinary Family Pension (OFP) from Military Side as well as Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for re-employed Military service – reg.

Sir,

The undersigned is directed to state that references have been received seeking clarification as to whether Special Family Pension (SFP)/Liberalised Family Pension (LFP) is admissible on death of a military pensioner re-employed in military service, and his death is attributable to military service.

2. Prior to 17.01.2013, the NOKs of Armed Force Pensioner who got re-employed in Civil Department/PSUs/Autonomous bodies/Local Fund of Central/State Governments after getting retired from military service were authorized to draw Ordinary Family Pension (OFP) either from military side or from civil side whichever was beneficial to them in terms of Gol, MoD letter No. 10(6)/92/D(Pens/Sers) dated 28.09.1992 and regulation 78 of Pension Regulation Part-I, 2008. Subsequently, vide GoI, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013, two family pensions were allowed w.e.f. 24.09.2012 in the event of death of a re-employed military pensioner.

3. It was further clarified that dual family pension is admissible irrespective of the fact whether the re-employment was in civil or military department vide GoI, MoD letter No. 10(17)/2012-D(Pen/Pol) dated 21.03.2013. Hence, the family pensioners of military personnel re-employed in military e.g. Territorial Army/Defence Security Corps (TA/DSC) are also covered in the ambit of the Gol, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013 for grant of dual family pension w.e.f. 24.09.2012. However, the admissibility of dual family pension was restricted to ordinary family pension (OFP).

4. Department of Pension and Pensioners’ Welfare vide their OM No. 1/3/2016-P&PW(F) dated 24.01.2019 has clarified that the provisions of two family pensions, one in respect of military/civil service and the other for civil service after re-employment, as available in terms of CCS (Pension) Rules, is also applicable under CCS (EOP) Rules.

5. The matter regarding extending the admissibility of Special Family Pension (SFP)/Liberalised Family Pension (LFP) in cases of death attributable to military service in terms of Gol, MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 in the case a of dual family pension has been examined. It has been decided that Department of Pension and Pensioners’ Welfare OM No. 1/3/2016-P&PW(F) dated 24.01.2019 would apply mutatis-mutandis to military/civil pensioners re-employed in military service and it is clarified that the provision of two family pensions, one in respect of military/ civil service and Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for re-employed military service is also applicable. Special Family Pension (SFP)/ Liberalised Family Pension (LFP) if any, would be admissible in terms of GoI,

6. Where, however, on death of the re-employed ex-serviceman if the family is eligible for Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for first service, family pension for second spell of service would be Ordinary Family Pension.

7. Special Family Pension (SFP)/ Liberalised Family Pension (LFP) shall be granted only in respect of one service and in no case, Special Family Pension (SFP)/ Liberalised Family Pension (LFP) will be granted for both the services.

8. The financial benefits in the past cases will accrue with effect from 24.09.2012.

9. Pension Regulation of the three Services shall be amended in due course.

10. This issues with the concurrence of the Finance Division of this Ministry vide their ID No. 10(02)/2017/FIN/PEN dated 21.06.2019.

11. Hindi version will follow.

Yours faithfully,

Sd/-
(A K Agrawal)
Deputy Secretary to the Govt. of India

Source: desw.gov.in

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It is announced in the official twitter handle of the Minister of Defence @DefenceMinIndia that Minimum Disability/War Injury Pension, Special Family Pension and Liberalised Family Pension shall be Rs.18000 with effect from 1.1.2016. The tweet of the Raksha Mantri is given below

Raksha Mantri
@DefenceMinIndia

With approval from Smt @nsitharaman, it has been decided that the disability/war injury pension, special family pension and liberalised family pension shall be minimum Rs 18,000 per month for Defence Forces pensioners/family pensioners, with affect from 1/1/2016.

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Revised Pension Tables of Casualty Pensionary awards for JCO/ORs Pensioners/Family pensioners

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.

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Department of Ex-Servicemen welfare has extended  the time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

To

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

Subject: Prescription of time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

It has been observed that Service Hqrs are processing the appeal case files-(First Appeal/ 2nd Appeal) for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/War injury pension/ element etc after elapse of considerable time from the date of rejection of claim/ date of discharge or invalidment of the personnel from Service.

2. The matter has been under consideration of this Ministry for quite some time and President of India is pleased to decide that, a time limit of five years is prescribed for filing an appeal for consideration of the case for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension, disability/war injury pension/ element etc from the date of discharge/ invalidment from service or from the date of rejection of claim. The time limit of five years prescribed in this order is applicable in the case of belated appeal only and the period of six months prescribed in the Pension Regulation and Entitlement Rules etc for filling appeals in respect of disability/ war injury element, special Family Pension etc would continue to be governed under the existing provisions.

3. The time limit of five years prescribed now will not be applicable in the case of delayed manifestation of disease and all such cases would continue to be governed under the existing previsions provided under regulation 86 of Pension Regulation for Army Part. I [2008].

4. Para 1(a)(vi) of Ministry of Defence Order No.4684/DIR(PEN)/2001 dated 14th August 2001 and Para 2(c) of Ministry of Defence letter No. 4684/Dir(Pen)/2001 dated 7th November 2001 maybe modified as “Time bar sanction for filing appeals for all type of Family Pension and disability/War injury pension/ element etc in respect of officers and PBORS beyond twelve months to five years”.

5. A period of one year from the date of issue of this order is granted for submission of the appeal in respect of past cases. This one time relaxation may be allowed judiciously in deserving cases.

6. This issue with the concurrence of Finance Division of this Ministry Vide their ID No PC-2 to 26(7)/2013/Fin/Pen dated 13/14 April 2016.

Hindi version will follow.

Download DESW circular No.1(3)/2008/D(Pen/Pol) dated 17.05.2016

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