Dear Veterans ,
Please pass this news to your JCOs and
ORs.
The complete text contents of the circular as also the
Govt Letter are placed below.
ब्रिगेडियर
नरेन्द्र ढंड (वेटेरन)
Brigadier Narinder Dhand (Veteran)
NOIDA -(NCR) –
201303
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Broad banding of disability element
i.r.o. Armed Forces Personnel - Implementation of Court/AFTs Orders: PCDA
Circular 561
Office of the Principal CDA (Pensions)
Draupadi Ghat, Allahabad- 211014
Circular No. 561
Dated: 10.06.2016
To,
The O I/C,
Records PAO (ORs)
Subject: Broad banding of disability element in respect of Armed Forces
Personnel retired/ discharged on completion of terms of engagement with
disability aggravated by or attributable to Military Service- Implementation of
Court/AFTs orders.
Consequent upon issue of GOI, MOD letter No. F. No.
3(11)2010-D(Pen/Legal)-Pt-V dated 18th April 2016 (copy enclosed). approval of
competent authority has been conveyed for implementation of Court/ AFTs orders
for granting broad banding benefits of disability element to an Armed Forces
Personnel retired or discharged on completion of terms of engagement with
disability aggravated by or attributable to Military Service (other than
invalided out from service) from the date mentioned in respective Court
Orders.
2. In view of the above, all affected cases covered under above order may
be reviewed and claims may be forwarded to respective Pension Sanctioning
Authorities alongwith Sheet Roll and other connected documents.
3. This circular has been uploaded on this office website
www.pcdapension.nic.in. for dissemination of all concerned.
No. Gts/Tech/05/LXXVI
Dated: 10.06.2016
(Nasim Ullah)
Asst. Controller (Pensions)
GOVT LETTER
F.No.3(11)2010-D[Pen/Legal)-PtV
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/ Legal)
New Delhi, 18th April, 2016
To
Chief of the Army Staff
Chief of the Naval Staff
Chief of the Air Staff
Subject: - Broad Banding of Disability Element in respect of Armed Forces
personnel retired/discharged on completion of terms of engagement with
disability aggravated by or attributable to Military Service - implementation of
Court/AFTs orders.
The Hon'ble Supreme Court vide order dated 10.12.2014 dismissed more than
800 Civil Appeals tagged with Civil Appeal No. 418 of 2012 filed by the Union of
lndia Vs Ram Avtar challenging grant of broad banding of disability element by
AFl's to Armed Force Personnel other than “invalided out” from service. The
Hon’ble Supreme Court ruled that an Armed Force Personnel retired on completion
of tenure with disability aggravated by or attributable to Military Service is
eligible for broad banding of Disability Pension/Element
2. The matter of implementing Hon‘ble Apex Court judgment dated 10.12.014
in case of Civil Appeal No. 418 of 2012 was taken up with Department of
Expenditure, Ministry of Finance for consideration. Department of Expenditure.
Ministry of Finance has agreed to implement orders of the.Courts on the matter
of broad banding of disability element in the case of personnel who are retained
in service till normal retirement Accordingly, approval of Competent Authority
is hereby conveyed for implementation of Court/AFB orders granting broad banding
of disability element to
an Armed Force Personnel retired or discharged on completion of terms of
engagement with disability aggravated by or attributable to Military Service
from the date mentioned in respective court orders.
3. This issues with concurrence of MoD (Fin/Pen) vide no No 711/Fin/ Per
dated 12.04.2016.
(R.R. Verma)
Under Secretary to the Govt. of India