RECORD OF DISCUSSION Of Col ANIL KAUL VrC WITH RM: 11 MAR 2015
Dear Veterans
Refer to:
Further to meeting of five member IESM delegation with RM Sh Manohar Parrikar on 2 Mar 15, another member of GB IESM has met RM on 11 March 15 to get fresh inputs on disability pension and progress on OROP file. The report submitted by Col Anil Kaul VrC dated 11 Mar 15 is given below and is also attached for your reference.
RECORD OF DISCUSSION Of Col ANIL KAUL VrC WITH RM: 11 MAR 2015
I had the occasion to meet the RM today for duration of 45
mins in his South Block Office. The COAS was also present.
A record of our discussion is appended below.
Disability Issues:
The Hon’ble RM wanted a first-hand account of the effects of disability from a person who had undergone such trauma as against hearing it from other sources. Certain facts were conveyed including citing of personal examples which despite over twenty five years of consideration at various levels remain unresolved. A hard copy of all such issues was handed over to the RM.
Non-Implementation of Orders of SC/ Non-Issue of
Instructions on Disability Related issues of Def Pers including
the following: -
(a) Na-Na Cases
(b) Less than 20% disability cases
(c) Disability when on leave
(d) Broad-banding for those
who superannuated
(e) Broad-banding for those who took voluntary
retirement?
MOD is yet to issue letter for enhanced DP for enhanced
pension WEF Sep`12, though case has been taken up by Service
HQ.
Comments of RM:
He said that all disability related issues would be taken up appropriately w.e.f. 13 Mar 2015.He assured me that we would soon see the issue of operative letters.
Additional Points:
A few additional points regarding disability were also discussed with personal examples that would have an effect on the larger disabled environment of the disabled in the Armed Forces. These are enumerated below: -
There is no system of post disability trauma onset in any of the
three services including counselling to enable a disabled soldier
to start functioning anew albeit with a few parts missing. This
needs immediate implementation.
There has to be a clear cut divide between those placed in LMC
in normal course and BC’s. This must percolate down to their
employment and functioning. I suggested that for starters at
least in the Army suitable disabled officers be posted in the
AG’s & MS branches as only a disabled understands the effects
of disability. Moreover such actions do not require any
elaborate Govt sanctions.
I submitted that “Constant Attendance Allowance” should be
applicable suo moto to anyone with 50% disability especially as
after superannuation all manner of physical support available
in service ceases. The RMB should be the final authority with
the PCDA (P) not having any say in this.
Payment of double conveyance allowance, where authorised to
disabled personnel should be as matter of course and not based
on claims. We are all aware of who authorised Government tpt
is and who is not.
All service group Insurances are private entities and should
offer disability benefits to BC’s retained in service and who
superannuate in the normal course. The funds available are
adequate and if necessary and additional levy on premium can
cater for this aspect also. To deny this to one segment is a
violation of the principle of equality. Notwithstanding what the
Govt provides in such cases as that is a part of a service
obligation whereas group insurances are private funds meant
for this. The RM was appreciative of this logic and even
suggested a methodology for the COAS to consider. The RM
even mentioned that shortfalls if any could be made up by the
MoD.
As per AO 17/89 Battle Casualties have the option of taking disability pension as a capitalized value in service. However there is no provision of restoration of such commuted value as in the case of normal pension. Disability is for life and there needs to be a reconsideration of restoring the capitalized value after 15 years, for those who took this option, as in the case of normal pension. A detailed case study is as given below:
Reference AO 17/89.
On Superannuation every service personnel is entitled to service pension. This consists of the service element and the disability element. As a battle casualty I come under the purview of the AO ibid.
Personal Illustrative Case:
I am 80% disabled due to battle injuries for life. As per AO 17/ 89 I was, entitled to, as were other BC’s, “War Injury Pay”. As per awards of the 4CPC, this was specified as “percentage of disability equivalent of percentage of pay drawn at the time of injury”. My pay at that point was approximately Rs 4200/- therefore I should have been entitled to 80% of which came to Rs 3360/- pm. This was later amended to “Not more than Rs 1500/- per month allowed for 100% disability due to normal service conditions”. This was to be proportionately reduced for lower percentages. Accordingly I was entitled to Rs 1200/- pm. A loss of 3360- 1200 = 2160/- As a result BC’s lost out on higher emoluments due to some change that was not noticed by those dealing with such cases.
A second provision of the AO was that one could take the capitalized value of this amount in service or await superannuation to get a disability pension. This was to be calculated for a time period of service to an age and service in the same rank that is in my case a Major. As can be seen I lost out on the following counts: -
Reduction in overall authorized amount.
No consideration for promotion beyond the rank of Major.
No consideration for age applicable beyond the rank of Major.
I was paid such compensation after ten years of my injury. A request for interest on delayed payments was initially rejected till the Delhi High Court gave a ruling in my favour on which CDA (O) paid me the interest in the year 2000, i.e. after thirteen years of my injury and a court case lasting over two years.
The acerbic language of Army HQ, as a measure of no respect to battle casualties, stated,
“ That the case stands closed and no further discussions would be appreciated”
So much for winning a gallantry award and losing your limbs.
Appeal:
Notwithstanding the above as in the case of commuted value of service element of pension that is restored after a finite period of 13/15 years, similarly the capitalized value of disability pension needs restoration after a suitable period of time. In my case, the capitalized value has been taken for the rank of “Major” superannuation was 50 years that I crossed in Jul 2001 a full four years before superannuating in 2005 in the rank of “Colonel”. Considering that the capitalized value was applicable from 12 Oct 1987 but paid to me in 1996, a total of 25 years have passed and therefore the disability element of pension paid as capitalized value in service now needs restoration, keeping in mind that the disability is for life and as one ages the effects become more debilitating.
(g) A staff check would show that there would be a handful of such personnel in such a predicament.
(g) A staff check would show that there would be a handful of such personnel in such a predicament.
OROP;
The RM gave out the status of OROP as on date. He confirmed that OROP file is progressing as planned and as informed to IESM delegation on 2 Mar 15. The salient features of which are as follows: -
The final document duly cleared by FA (Def) and signed by him is being forwarded to the FM on 11 Mar 15.
The amount worked out remains at Rs 8298 crores for one year.
He is planning to meet the Prime Minister and Finance Minister to discuss and get approval of OROP on or around 16 Mar 15.
He is making all out efforts to stick to the time schedule as indicated to delegation of IESM on 2 Mar 15. He is hopeful that the OROP notification will be issued by 31 Mar 15 or latest by end April.
He confirmed that 86% beneficiaries are JCO’s and OR’s and remaining 14% is for officers, family pensioners and veer naris. Fund allotment is also in the same ratio.
There being no other points the meeting was closed.
Anil Kaul
Col Anil Kaul, VrC
11 Mar 2015
Regards
Gp Capt VK Gandhi VSM
Gen Sec IESM
Flat no 801, Tower N5
Gen Sec IESM
Flat no 801, Tower N5
Narmada Apartments
Pocket D6
Vasant Kunj
Nelson Mandela Marg
New Delhi. 110070
Mobile 09810541222
New Delhi. 110070
Mobile 09810541222
OROP is our right. Dilution in OROP will NOT
be accepted.
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