Disability Pension on Voluntary Retirement
Disability Pension on Voluntary Retirement
Prior of Supreme Court intervention, MoD was not granting disability pension on voluntary retirement.
Earlier MoD was granting disability pension in Invalid out cases only but not in other cases.
Later on MoD extended the benefits of disability pension to those soldiers / officers who retired on superannuation.
Disability Pension on Own Request Discharge
A soldier named Mahavir Singh Narwal who was release on own request on personal grounds, was low medical category at the time of his discharge.
He requested for grant of disability pension however the same was rejected by Army Authorities.
Thereafter, he filed Civil Writ Petition No. 2967/1989 before Hon'ble Delhi High Court and the High Court held that clause of discharge is irrelevant while deciding disability pension of soldier.
Thereafter, Army Authorities filed Special Leave Petition (Civil) No. 24171/2004 before Hon'ble Supreme Court of India.
Which was dismissed by Supreme Court vide Order dated 04.01.2008. Thereafter, MoD issued policy letter dated 29.09.2009 allowing disability element in voluntary retirement cases.
Rounding off Disability Element
After allowing the disability element in voluntary retirement cases, MoD refused to grant benefits of rounding off benefits in voluntary retirement cases.
However, Hon'ble Supreme Court in Ram Avtar's case decided that the benefits of rounding off the disability is admissible to all type of release from service.
Minimum Qualifying Service for Service Element
As per rule, disability pension consist two element i.e. Service Element + Disability Element. However, Army Pension Authorities are not granting benefits of service element where qualifying service is less than 15 years for solider and less than 20 years for Officers.
The various benches of Armed Forces Tribunal have held that there will be no minimum qualifying service to earn service element.
In landmark Supreme Court judgment, the Supreme Court directed to grant Service Element of disability pension even service less than 15 yrs.
AFT Judgments on Voluntary Discharge
After Supreme Court Judgment passed in Mahavir Singh Narwal's case, Armed Forces Tribunals (AFTs) are allowing cases disability pension in voluntary retirement cases.
Armed Forces Tribunal (AFT) are passing contradicting judgments, some of AFT bench are giving benefits of both elements and some are giving only disability element.
However, AFTs are not disputing the claim of such pension on voluntary retirement.
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