Ex-Vice Chief of Army challenges disparities in disability pension

Ex-Vice Chief of Army challenges disparities
Vijay Mohan
Tribune News Service Chandigarh, September 25
A former Vice Chief of Army Staff has moved the Armed Forces Tribunal seeking removal of wide disparities in the disability pension of ex-servicemen and their civilian counterparts as well as grant of similar benefits to disabled ex-servicemen who retired prior to January 2006.

The Tribunal’s Chandigarh Bench comprising Justice Ghanshyam Prashad and Lt Gen A S Bahia has issued notices to the Union of India on the petition filed by Lt Gen Vijay Oberoi (Retd).

The petition has contended that by fixing an arbitrary and artificial cut-off date, the government has denied to pre-2006 military retirees the revision formula of disability and war injury of pension as implemented after the Sixth Pay Commission. This has not only resulted in discrimination between those who have retired before and after 2006 but also between civil and military disability pensioners.

While all benefits of revision of disability awards recommended by the Sixth Pay Commission have been extended to pre-2006 civilian retirees, parallel benefits under the same master policy have been denied to pre-2006 defence pensioners.

In 2001, a new system, fixing disability element of pension at 30 per cent of the basic salary was introduced for pre-1996 civilian disabled employees and all civilian retirees irrespective of the date of retirement were hence placed on the same formula. The rates for operational disabilities (war-injury element) were even higher and pre-96 civilian employees were also brought into its ambit.

Defence pensioners, however, remained on the slab system, which was to their disadvantage. For example, a major general suffering disability was entitled to Rs 5, 880 per month, while his civilian counterpart was entitled Rs 15,187.

Services Headquarters took up the issue with the government for grant of disability element on percentage of basic pay basis for defence personnel also and it was finally implemented through the Sixth Pay Commission.

The percentage system, however, was implemented for only those armed forces personnel who retired after January 2006. This also created a huge disparity in the disability pension of those who have retired before and after 2006. At the level of a lieutenant, the difference is Rs 2,220, while at the level of a general the difference is a whooping Rs 21,120.
Ex-Vice Chief of Army challenges disparities