Fwd: Disability Pension Broadbanding

[Gadepally Kameswara rao]

Those who get diability pension are exempt from income tax even on their service/retiring  pension. 

Those who have a disbility and opt for premature retirement  do not get disability pension element but only service / retiring pension.

Though the medical board for premature retirement gives its assessment of the percentage of disability and attributability /aggravation, no disability pension element is given for the premature retiree. I Can such a pensioner not receiving disability element of pension still claim the Income tax exemption on the service / retiring pension element as he has a disability at the time of retirement? Would anyone kindly clarfy this issue?

kamu

kamu

---------- Forwarded message ----------
From: Sivasankar Vidyasagar
Date: Fri, May 8, 2015 at 10:13 PM
Subject: Fwd: Disability Pension Broadbanding
To: Sivasankar Vidyasagar <csvidy...@gmail.com>

Dear Members,

     The hon'ble Supreme Court has given very important judgments benefitting serving and retired Armed Forces personnel. Firstly any injury sustained even in CL or AL at home is to be treated as Attributable to military Service. Broad banding of disability pension is to be given to all those soldiers who are superannuated.

     However, the stand of Govt of India, Min of Def is that only those disabled soldiers whose names figure in the list of appeal filed before the hon'ble Supreme Court in whose favour the apex court gave benefit of broad banding will get the benefit. Similarly placed officers are required to go to the same channel.

     So all those disabled soldiers who were given disability element at 20% to 49% are to be given DE at 50%. So join Col Mahesh Kumar to file a case in AFT, Chennai(I have advised him to go Chennai and not to Delhi). You will win handsdown. The expenses will come down drastically to Rs 10000 per person at the most. Since the case has been decided by hon'ble Supreme Court, AFT has no choice but give verdict in your favour.

    Pl think of financial benefit you will get in OROP and later in 7th CPC if your DE goes up from 20 to 50%.

    There is no time to waste. Just join Col Mahesh and wage your legal battle.

     regards,

Brig CS Vidyasagar(Retd)
9493191380

---------- Forwarded message ----------
From: Mahesh Kumar
Date: Fri, May 8, 2015 at 7:36 PM
Subject: Disability Pension Broadbanding
To: Sivasankar Vidyasagar 

Dear Sir,
Tried calling your mobile but unable to connect. Am filing an appeal in AFT New Delhi for Broad banding my Disability Pension as per Supreme Court ruling of Dec 2014 and after my appeal to MP 5 AG's Br was rejected. I am filing the case through the Counsel who filed and won  the case in Supreme Court. If any other Retd personnel are interested in filing their case through AFT for Broad banding their DP then we can file an joint appeal. Interested Retd pensioners can call me on my mob No 09989233062 or email me at mah...@gmail.com.
Regards,
Col T Mahesh Kumar

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                                        Lt Col G Kameswara Rao (retd) aka KAMU                                                  

 

[2dec...@gmail.com]

Is broad banding now universal or still only for people who win the AFT case. Also can someone please tell me , is 50% disability element elligible for 75% disability pension or 50%. Thanks

[shamla...@gmail.com]

Inspite of Hon'ble Supreme Court giving a favourable judgement in favour of Broad Banding on 10 Dec14,Govt yet to issue any policy letter on the subject.Hence at present the only solution is to file a case in AFT after serving due notice.
As per fifth pay commission,Disability of 50% is to be Broad banded as 75%.

[Satya Prakash]

Thank you so much for the reply.

Regards

On 28 Nov 2015 21:06, <shamla...@gmail.com> wrote:

Inspite of Hon'ble Supreme Court giving a favourable judgement in favour of Broad Banding on 10 Dec14,Govt yet to issue any policy letter on the subject.Hence at present the only solution is to file a case in AFT after serving due notice.
As per fifth pay commission,Disability of 50% is to be Broad banded as 75%.

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[jag...@gmail.com]

Vidyasagar Sir,

Could you please post a link to the Supreme Court decision which says that injuries/disabilities sustained while on AL or CL is to be considered as 'Attributable to Military Service'.

Regards,

Jaggi
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[jag...@gmail.com]

As per my reading of the law (Disclaimer: I am not a lawyer, just plain interested in these issues) the IT exemption is for recepients of disability pension; it is legally not connected to having a disability if not drawing disability pension. Maybe this point will get cleared up in future clarifications/ circulars but as of now, this is it. IMHO.

Regards

On Wednesday, May 13, 2015 at 8:04:21 PM UTC+5:30, Gadepally Kameswara rao wrote: