Dear Sir,
1. Many ESMs are asking me
likely benefit that may accrue to them following issue of Min of Def
letter No: 16(3)/2017/D(Pen/Policy) letter dated 29 Jan 2019.
2. It may kindly noted that
the minimum guaranteed pension is for causality personnel (i.e. disabled
soldiers or war injured soldiers), special family pensioners and dependents
sanctioned liberalized dependent pension w.e.f. 01 Jan 2016. This letter does
not pertain to normal Ex-Servicemen or ladies drawing ordinary or enhanced rate
of ordinary family pension. The letter dated 29 Jan 2019 at para 2 stipulates
minimum guaranteed pension as under:-
(a) Para
2.1 is fixation of minimum Disability Pension (Service Element + Disability
Element) with any percentage of disability of Rs 18,000 pm.
(b) Para
2.2 fixes minimum Disability Pension for those whose disability percentage is
not less than 60% whose disability pension should not be less than 60% of last
pay drawn subject to minimum of Rs 18,000 pm.
© Para
2.3 fixes minimum Special Family pension at Rs 18,000 pm to wives of soldiers
died while performing military duties. This excliudes ESMs and ordinary family
pensioners or those drawing Enhanced rate of OFP.
(d) Para
2.4 fixes Dependent Liberalised Pension of children of soldiers martyred at not
less than Rs 18,000 pm.
3. Many ESMs posed a question
to me from the time the ibid Min of Def letter dated 29 Jan 2019 is issued :
Does it benefit me ? Let us analyse each of the above cases.
4. (a) Disability
Element. w.e.f. Jan 2016 disability element has been broad banded which
is 50% irrespective whether the disability percentage is between 20% and 49%
(disability granted prior to Jan 2016). That means disabled soldier
irrespective of date of retirement even with 20% disability is now drawing
disability element as if he is granted 50% disability from 01 Jan 2016. The
disability element is 60% of pension (or 30% of last pay drawn) for 100%
disability. For 50% disability it is 30% of pension or 15% of last pay drawn.
(b) Disability
Pension = service element + disability element.
(c) Minimum
Disability Pension Being Drawn Already w.e.f. 01 Jan 2016. We take
the poorest of the poor soldiers i.e. Sepoy with 15 years’ service and of trade
group Y for our analysis of ibid Govt letter dated 29 Jan 2019.
(i) Service
element = is Rs 17,129
(ii) Disability
Element is Rs 5,139 (30% of pension)
(iii) Disability
Pension = Rs 17129 + 5139 = Rs 22,268
(iv) Disability
pension he is already drawing w.e.f. 01 Jan 2016 = Rs 22,268.
(e) How
does minimum of Rs 18,000 now sanctioned by the Min of Def in anyway benefit a
disabled solider with 20% disability w.e.f. 01 Jan 2016 as he is already
drawing Rs 22,268 as his disability pension? So none of the ESMs irrespective
of their rank benefit from this Min of Def letter dated 29 Jan 2019.
(d) Disability
Pension for Disabled Soldier whose Disability is not less than 60%. Let
us examine this case too to see whether the ibid Min of Def letter dated 29 Jan
2019 gets him any benefit to such disabled soldiers. Pension of Sepoy with 15
years’ service and of Group Y as on Jan 2016 is as under:-
(i) Service
Element. Rs 17,129
(ii) Disability
Element with 60% rounded off to 75% due to Broad banding w.e.f. Jan 2016.
Rs 17169 x 0.6 x 0.75 = Rs 7,708
(iii) Disability
pension already being drawn = Rs 17129 + Rs 7708 = Rs 24,837.
(iv) Minimum
guaranteed Disability pension is not less than 60% of last pay drawn = service
element + disability element
(v) Service
element = Rs 17129.
(vi) Disability
element for disability not less than 60% of Last Pay drawn = 17129 x 2 x
0.60 = Rs 20,555 pm.
(v) Does
this ibid Min of Def letter of 29 Jan 2019 give any benefit to such disabled
soldiers who are NOT invalided when they sustained disability but given
sheltered appointment till the time of discharge on completion of terms of
engagement?
5 Then who does
this ibid Min of Def letter benefit? It may benefit only those who
are invalided out of service as being unfit for military duties anymore..
Generally, invalidment is done only if disability percentage is not less than
60%. Assume a Sepoy who sustained injuries which is more than 60% in his first year
of service (war injured soldiers are not invalided in spite of 100%
disability). His disability pension is as under:-
(a) Service
Element - Rs 17129 pm
(b) Disability
Element @ 75% disability due to broad banding = 17129 x 0.6 x0.75 = Rs 7708 pm
(c) Disability
pension he is already drawing w.e.f. Jan 2016 =
Rs 17129 + Rs 7708 = Rs 24,837 pm
(d) Disability
Pension now fixed at minimum 60% of Last Pay Drawn subject to minimum of Rs
18000 = Rs 17129 + Rs 17129 x 0.6 x 0.6 = Rs 20,555 (subject to
minimum of Rs 18,000)
(e) Even
a Sepoy with six months service and invalided
draws more than minimum of Rs
18,000
(f) Observation:
The minimum guaranteed disability pension does not benefit even a sepoy with
six months service of Group Y and invalided from service. No disabled sepoy of
15 years’ service and of Y Group is benefited by ibid Min of Def letter dated
29 Jan 2019.
6. Family Pensioners.
The wives of soldiers who die and whose death is attributable to or aggravated
by military service are sanctioned Special Family pension. The special family
pension is 60% of last pay drawn or double the Ordinary family pension. The
ibid Min of Def letter has fixed minimum Special Family pension at Rs 18,000
pm. The special family pension w.e.f Jan 2016 already being drawn by Special
Family Pensioners of soldier who put in just six months service is 7000 x 2.57
= Rs 17,990. But soldiers can join at age of 20 years and till they put in 5
years’ service are not permitted to marry. The earliest service a Sepoy who
dies while performing military duty is 5 years and then only SFP is granted to
his wifew. The SFP of wife of such sepoy being Rs 17, 990, she is benefitted by
Rs 10 as the minimum is Rs 18,000 pm.
7. Wives of Sepoys who die
with 5.5 years of service are already drawing SFP of Rs 18095 (=7041 x
2.57). So ibid Min of Def letter also does not benefit wives of
Sepoys whose husbands died with 5.5 years of service or more.
7. Dependent Children
Sanctioned Liberalised Dependent Pension. This pension is granted
to children of martyred soldiers whose wives pre-deceased them. The minimum age
at which a soldier is permitted to marry is 25 years. Even then let us see if a
solider with just six months service is martyred, does his child get a benefit
of minimum guaranteed pension of Rs 18,000 assuming his wife has pre-deceased
him. The soldier whose service is just six months and martyred at the age of 20
or 20.5 years, then his child gets Liberalised Dependent pension of Rs 6183 x
2.57 = Rs 15,890. But you do not come across soldiers marrying at the age of 20
years. But if a soldier gets married at the age of 25 years and assuming he
dies with 5.5 years of service then his dependent child gets pension of Rs 18,095.
Even such children also do not get any benefit from the ibid Min of Def letter
dated 29 Jan 2018.
8. Summary.
(a) No
disabled soldier of any disability percentage of any rank gets any benefit as
his present pension is more than Rs 18,000 pm.
(b) No
wife of soldier with 5.5 years or more service gets benefit of ibid Min of Def
letter as they draw more than Rs 18,000 pm as SFP.
(c) No
child of martyred soldier with service of 5.5 years of more gets benefit of
ibid Min of Def letter as they are already drawing pension more than Rs 18,000.
9. If
someone can point out benefit of this ibid Min of Def letter, I will be highly
obliged as I might have made some mistakes. The MS Excel sheet showing these
details is attached.
Warm Regards,
Brig CS Vidyasagar
(Rtd)
TSEWA- 140
040-48540895
9493191380 (Mobile connectivity is very poor in my residential complex. Use
Land line please)
Sir,
1. I Sgt ( ACP) got
the discharge from IAF on 31 Mar 2010 after completion of 23 years and 05 days
of service.
2. I got disability
Percentage i.e 20% during RMB which has been broad banded to 50% for
which arriear has been also paid to me.
3. At present my
Service Pension (Service Element 50% ) has been fixed Rs 27767/- and
Disability Pension ( Disability Element i.e 50 % after BB) has been fixed Rs
8331/-
3. Now you are
requested to go ahead with attached file and please inform me how much
Disability Pension I will get as per this letter since I m unable to under
stand Para2.1 & 2.2 of this attachment .
4. Sir, I know you are
the person who is looking after all this adminitrative as well as legal advise
of TSEWA , due that your sechule is very bussy but after getting this letter my
egarness to know about my Disability Pension whether will it benificial
for me or not? Your precious few minutes will be clear my ambiguities in this
regard.
Awaiting for your
reply with rays of hope that definitely you will spare your precious few
minutes for my eagerness....
With Regards
Sunil Kumar
Sgt ( ACP)
TSEWA- 7487
Mob No-8076668614
-9911968680
__._,_.___
(Source : Tsewa circulated mails)
