Pension Regulations for the Army, Part -I (2021)

DEFENCE SERVICES REGULATIONS

PENSION REGULATIONS

FOR THE ARMY

Part-I

(2021)

GOVERNTMENT OF INDIA

MINISTRY OF DEFENCE

Orders issued upto 05.10.2020 have been incorporated in this book

Pension Regulations for the Army, Part -I (2021)

PREFACE

The Pension Regulations for the Army are divided into two parts as under: -

Part I- Containing Regulations regulating the pensionary awards of personnel of

the Regular Army, the Defence Security Corps, Emergency/Short Service

Commissioned Officer and the Territorial Army.

Part II- Containing Regulations relating to pension procedure affecting the

personnel whose pensions are regulated by the Regulations in Part I.

2. The Regulations in this Part supersede the Regulations in Pension Regulations for

the Army, Part I & Part II (1961 Edition) and have been issued under the authority of the

Government of India.

3. Except as otherwise provided in these Regulations or elsewhere, the Regulations

contained in this book apply to personnel who are in Army Service on 1st

July, 2008 and

take effect from that date. Those who are not so governed or for whom no provision is

made in these Regulations will continue to be governed by the Pension Regulations for

the Army, Part I & II (1961) and Govt. Orders issued from time to time.

4. No deviation from the Regulations in this book is permissible without the prior

sanction of the Government of India.

5. Permanent orders of only general application have been incorporated in these

Regulations. Sanctions having a purely transitory interest have, however, not been

included, and where such sanctions are at variance with these Regulations, the sanctions

should be viewed as operative for only so long as they remain in force.

6. The disposal of the Regulations in Pension Regulations for the Army, Part I & II

(1961) and authority for each Regulation are shown in two explanatory memoranda at the

end of this book.

NEW DELHI Secretary to the Government of India, The 1st Jan, 2021 Ministry of Defence

i

Table of contents

REGN.

No . SUBJECT PAGE No.

Chapter- I

Section – 1: General 1 Short title and commencement 1 2 Application 1 3 Interpretation of regulations 1 4 Definitions 1 5 Kind of pensionary awards 3 6 Limitation on number of pensions 3 7 Grant of provisional pension 3 8 Pension subject to future good conduct 3 9 Right to withhold or suspend or discontinue pension 4

10 Personnel in civil government employment 5 11 Attachment of pension by civil courts 6 12 Grant of dearness relief on pension/ family pension 6 13 Ex-servicemen contributory health scheme (ECHS) 7 14 Monetary allowance attached to gallantry decorations 7 15 Rounding off of pension/gratuity/commuted value of pension and other pensionary

benefits. 8

16 Minimum pension/family pension 8 16 A Maximum Pension / Ordinary Family Pension 8

16 B Additional Pension/Family Pension To Old Pensioners / Family Pensioners. 8

Section – 2: Qualifying service and reckonable emoluments

Sub – Section I: Qualifying Service 17 Qualifying Service 9 18 Half a year’s pension or Gratuity 11 19 Service which qualifies for pension in respect of regular Officers 11 20 Service which qualifies for retiring gratuity in respect of regular Officers 13 21 Service which qualifies for pension and gratuity in respect of Personnel Below Officer

Rank 13

22 Effect of forfeiture of service by court martial under the Army Act, 1950. 14 23 Condonation of interruption in service 14 24 Service rendered in aid of civil administration 14 25 Re-employment of Personnel before officer rank in National Cadet Corps / Auxillary Cadet

Corps & Lok Sahayak Sena

14

26 Competent authority 15 Sub-Section II: Emoluments

27 Reckonable emoluments 15

Chapter- II RETIRING PENSION/RETIRING GRATUITY, SERVICE PENSION/SERVICE

GRATUITY AND SPECIAL PENSION/SPECIAL GRATUITY

Section – 1: Regular Officers

Sub-Section – I: General 28 To whom applicable 18 29 Officer cashiered, dismissed removed or called upon to retire 18 30 Retired officer re-employed in an emergency or officer of the regular reserve recalled to

Service 18

31 Acceptance of commercial employment by officers after retirement who are granted pension, gratuity or other benefits

19

32 Employment after retirement under a Government outside India 19 Sub-Section – II: Retiring Pension

33 Admissibility 20 34 Minimum qualifying service for earning retiring pension 20 35 Average emoluments for retiring pension 20 36 Rate of retiring pension 21

ii

37 Disability element in addition to retiring pension to officer retired on attaining the

prescribed age of retirement or Pre Mature retirement 21

Sub-Section – III: Retiring Gratuity 38 Admissibility 22 39 Minimum service for earning retiring gratuity 22 40 Scale of retiring gratuity 22

Section –2: Personnel Below Officer Rank

Sub-Section-I: General 41 Individual dismissed/removed or discharged under the Army Act, 1950 23 42 Pensioner re-employed in Emergency 23 43 Forfeiture of service for certain offences and its restoration 23 44 Condonation of deficiency in service for eligibility to pension/gratuity 24 45 Counting of former service for service pension/ service gratuity 24

Sub-section-II: Service Pension 46 Admissibility 27 47 Minimum qualifying service for service pension 27 48 Rank and Group for Assessment of service pension 27 49 Condonation of deficiency of service in a particular rank 27 50 Rates of service pension 28 51 [Time Scale (TS) Naik and Honorary Havildar while on the effective list] BLANK 29 52 Service pension to Honorary Naib Subedars on retirement 29 53 Disability element for disability at the time of discharge /retirement/on his own request 29

Sub-Section-III: Service Gratuity 54 Minimum qualifying service for service gratuity 30 55 Rate of service gratuity 30

Sub-Section-IV: Special Pension and Gratuity 56 When admissible 31 57 Rank for Assessment of special pension 31

Chapter -III CASUALITY PENSIONARY AWARDS WHEN CAUSE OF INVALIDMENT

FROM SERVICE OR DEATH IS NEITHER ATTRIBUTABLE TO

NOR AGGRAVATED BY MILITARY SERVICE

Section – 1:Invalid Pension and Invalid Gratuity 58 When admissible 32 59 Minimum qualifying service 32 60 Scale of invalid pension and invalid gratuity 32 61 Invalid gratuity to recruits and boys 33

Section-2: Ordinary family pension 62 Limitation of application 33 63 Ordinary family pension when admissible 33 64 Rate of ordinary family pension 34 65 Reduction in ordinary family pension 35 66 Definition of family 35

66-A Category of family for family pension 36

67 Period for which ordinary family pension payable 37 68 Ordinary family pension to only one member of a family 38 69 Ordinary family pension to physically/mentally handicapped children 38 70 Ordinary family pension to parents 40

70 A Restoration of withheld portion of ordinary family pension to widow of ESM of Nepal 41

70-B Applicability of MULUKIN-AIN vis a vis Grant of Family Pension to Nepalese Domiciled

Pensioners.

41

71 Division of ordinary family pension 42 72 Grant of ordinary family pension if both wife and husband Government employees 42 73 Ordinary family pension to a judicially separated spouse with no eligible child 43 74 Ordinary family pension to a judicially separated spouse with an eligible child 43 75 Ordinary family pension when a member of the family charged with offence of murdering

the service personnel 43

76 Ordinary family pension in case of suicide 44 77 Family pensionary award in case of missing service personnel/ pensioner 44 78 Ordinary family pension from only one source 45

iii

79 Ordinary family pension/dual family pension for military pensioner in civil service 45 80 Furnishing of family details-responsibility of service personnel 46 80.A Simplification of pension process for permanently Disabled Children/Siblings and

Dependent Parents 47

Chapter –IV

CASUALITY PENSIONARY AWARDS WHEN CAUSE OF INVALIDMENTFROM

SERVICE OR DEATH IS EITHER ATTRIBUTABLE TO OR AGGRAVATED BY

MILITARY SERVICE

48

Section -1: Disability Pension

Sub-Section –I : General 81 When admissible 48 82 Pensionary benefits on death & disability in attributable/ aggravated cases 48

83 Service personnel who retires voluntarily 50 84 Serious negligence or misconduct 51 85 Refusal to undergo medical treatment 51 86 Manifestation of disability after retirement/discharge 51 87 Refusal to appear before resurvey medical board. 51 88 Service personnel who suffered from Pulmonary Tuberculosis/Leprosy retained in service 52

89 Constant attendance allowance 52

90 Compensation in lieu of disability element 53

91 Disability pension to a disabled pensioner re-employed without disclosing his invalidation 53

92 Reassessment of disability pension when the degree of disablement increases 54 93 Officer Cadets drawn from the ranks 54

Sub-section-II- Regular Officer 94 Amount of disability pension 55

Sub-Section-III : Personnel Below Officer Rank

95 Individual discharged being permanently in low medical category 56 96 Recruits and boys 56 97 Individual remustered within the same group or from higher to a lower group or vice-versa 56 98 Amount of disability pension 56

Section-2: War injury pension and liberalised disability

pension in respect of service personnel

99 When admissible 58 100 Amount of war injury pension on invalidment 58

100-A Method of calculation of disability where both war injury and disability are involved 59

101 War injury pension on retention in service 59 102 Lump sum compensation in lieu of war injury pension 59 103 War injury element on subsequent retirement 60 104 Liberalised disability pension 60

Section-3: Special Family Pension

Sub-section-I: General 105 When admissible 62 106 Serious negligence or misconduct 62 107 Definition of family 62 108 Special family pension to physically/mentally handicapped children 63

Sub-section II -Regular Commissioned Officers

109 Conditions of eligibility to special family pension and dependant pension 65 110 Special family pension/dependant pension admissible to only one member of family at a

Time 66

111 Pension of a widow who dies before establishing her claim 66 112 When payment of special family pension/ dependants pension ceases 67 113 Rates of special family pension 67 114 Special family pension on re-marriage of widow 67 115 Rate of dependant’s pension 67 116 Division of special family pension 68

Sub-Section-III : Personnel Below Officer Rank 117 Nomination of an heir to special family pension 68 118 Original grant of special family pension 68

iv

119 Conditions of eligibility 69 120 Rates of special family pension 69 121 Special family pension on re-marriage of widow 70

122 Date from which the special family pension payable 70

123 When payment of special family pension ceases 71 124 Eligibility of recruits and boys 71 125 Individual remustered from a higher to a lower group 71 126 Transfer of special family pension 71 127 Continuance of special family pension to parents/brothers/sisters 71 128 Rate of continuance award 72 129 Pension intended for the whole family 72 130 Division of special family pension 72 131 Ex- gratia awards to other relatives 73

Section 4:Liberalised family pensionary awards 132 Extent of application 73 133 Amount of liberalised family pension in respect of Officer 73

133-A Division of liberalized family pension in respect of officer 74 134 Amount of liberalised family pension in respect Personnel Below Officer Rank 74 135 Liberalised family pension on re-marriage of widow- Personnel Below Officer Rank 75 136 Second life award of liberalised family pension in respect of Personnel Below Officer

Rank. 76

Section-5: Family gratuity to service personnel 137 Family gratuity when payable 78 138 Family gratuity – to whom payable 79 139 Rate of family gratuity 79

Section- 6: Ex-gratia lump-sum compensation to families of service personnel 140 When admissible 80 141 Rate of ex-gratia lump sum compensation 80

141-A Ex-gratia lump sum compensation on Invalidment 83 Chapter-V

RETIREMENT GRATUITY AND DEATH GRATUITY

142 Retirement gratuity when admissible 84

143 Death gratuity when admissible 84

143.A Payment of Death Gratuity in case of missing pensioner 85 144 Definition of family 85 145 Nominations 86 146 Effect of death of a nominee or on acquiring a family 86 147 Disbursement of retirement gratuity and death gratuity 87 148 Debarring of a person from receiving gratuity 88 149 Lapse of gratuity 88 150 Recovery of public claims or Government dues 88

Chapter - VI COMMUTATION OF PENSION

151 When admissible 89 152 When permissible 89 153 Conditions and limit 89 154 Application for commutation of pension 90 155 Commutation of pension without commutation medical board 90

156 Commutation of pension after commutation medical board 91 157 Commutation of pension to become absolute 91 158 Calculation of commuted value of pension 92 159 Reduction in pension on payment of commuted value of pension 92 160 Withdrawal of application for commutation of pension 93 161 No re-imbursement of incidental expenses incurred 93 162 Commutation of additional pension becoming due as a result of retrospective revision of

Pension 93

163 Restoration of commuted portion of pension 93

v

Chapter - VII EMERGENCY COMMISSIONED AND SHORT SERVICE

COMMISSIONED OFFICERS

Section – 1: Emergency Commissioned/Short Service

Commissioned Officers coming direct from civil life

164 Rate of terminal gratuity 94 165 Grant of terminal gratuity to officers invalided out of service 94 166 Payment of terminal gratuity in the event of death 94 167 Option to permanent civilian Government servants 94

Section-2:Personnel Below Officer Rank granted Emergency/

Short Service Commission

168 Minimum service for retiring pension 95 169 Rate of retiring pension 95

170 Retirement and death gratuity 95 171 Invalid pension or invalid gratuity or ordinary family pension 95 172 Disability pension / war-injury pension or special family / liberalised family pension 95

Chapter-VIII DEFENCE SECURITY CORPS

173 General provision 97 174 Counting of former service 97 175 Option to continue to draw military pension 98 176 Option to cease to draw military pension 98 177 Retirement / death gratuity 98 178 Commutation of pension 98 179 Disability pension / liberalised disability pension / war-injury pension 99 180 Invalid pension and ordinary family pension 99 181 Special family pension / liberalised family pension, family gratuity and ex-gratia lump-sum

Compensation 99

Chapter-IX TERRITORIAL ARMY

Section-1 182 Extent of application 100 183 Definition of military service 100 184 Service qualifying for pension and gratuity 100

185 Option to count former service 101 186 Minimum qualifying service for pension 101 187 Rate of retiring/service pension 101 188 Retiring/service pension who opts to count former military service 102 189 Terminal gratuity 102 190 Retirement gratuity/death gratuity 103 191 Commutation of pension 103 192 Ordinary family pension 103

193 Disability pension /war-injury pension / liberalised disability pension and constant

attendance allowance 103

194 Special family pension /liberalised family pension 104

Section –2: Extent of application to Civil Government Servants 195 Special family pension /liberalised family pension 105 196 Disability element to members of territorial army who are civil government servants

Holding lien on civil appointment 105

APPENDICES

I Rate of ECHS & Grant of fixed medical allowance to armed forces pensioners and their families

106

II Monetary allowances attached to gallantry decorations 110 III Authority competent to sanction various kinds of pensionary awards 112

vi

III A Medical certificate for disabled dependant 114

IV Entitlement rules for casualty pensionary awards 115 V Criteria for deciding whether an individual’s refusal to undergo medical treatment or an

operation for his disability attributable to or aggravated by military service, is or is not

reasonable

137

VI Declaration for drawl of constant attendance allowance by commissioned officers and

personnel below officer rank along with their disability pension/war injury pension. 138

VII Declaration from parents/ eligible brothers/ sisters for dependent pension 140 VIII Statement of illustrative examples of cases covered under Regulation 141. 141 IX Nomination for retirement gratuity/death gratuity 143 X Commutation values for a pension of Re. 1/- per annum 147

Colour coding in updated PR-I (2008)

................. : Original Pension Regulation of Army, Pt-I (2008)

…………… : Deletion/replacement of existing provisions/portion in Pension Regulation of Army,

Pt-I (2008)

…………… : Insertion/replacement of new provisions/portion in Pension Regulation of Army, Pt-I

(2008)

…………… : Authority of deletion/insertion/replacement/correction in provision of Pension

Regulation of Army, Pt-I (2008)

…………… : Correction slips No. as per Regulation mentioned in Pension Regulation of Army, Pt-

I (2008)

1

PENSION REGULATIONS FOR THE ARMY, PART-I (2008)

CHAPTER -I

SECTION – 1: General

SHORT TITLE AND COMMENCEMENT

1. These Regulations shall be called the Pension Regulations for the Army, Part-I

(2008) and shall come into force with effect from 1st

July 2008.

APPLICATION

2. (a) Unless otherwise provided, these Regulations shall apply to the (i) Permanent

Commissioned Officer of the Army, including Military Nursing Service Officer,

Territorial Army Officer, Short Service Commissioned Officer and Emergency

Commissioned Officer (ii)Personnel Below Officer Rank (including those granted

honorary commission while on the effective list) of regular Army Defence Security

Corps and Territorial Army.

(b) Unless otherwise provided, all claims to pension, gratuity or allowance shall be

regulated by the Regulations in force at the time of individual’s retirement, release,

resignation, discharge, invalidment, death etc., as the case may be.

(c) The day on which an individual is retired or is released or is discharged or is

allowed to resign, or is invalided out from service or dies in harness, as the case may be,

shall be treated as his last day in service. Provided that in the case of an individual who is

retired prematurely or who retires voluntarily, the date of retirement shall be treated as a

non-working day.

INTERPRETATION OF REGULATIONS

3. (a) Any doubt or difference of opinion regarding interpretation of these Regulations

or any particular Regulation shall be referred to the Central Government, whose decision

thereon shall be final.

(b) Cases not covered by these Regulations but deemed worthy of special

consideration, may be submitted to the Central Government through usual channels and

Accounts Officer concerned for a decision.

DEFINITIONS

4. For the purpose of these Regulations, unless the context otherwise requires:-

(i) Accounts Officer: Shall mean Principal Controller of Defence Accounts

(Pensions), Principal Controller of Defence Accounts

(Officers) [Auth: CGDA New Delhi letter No. AN/III/3096/I/IFA/VOL-III

Dated 11.11.2009] [CS- 364 /2020] and Principal Controller of

Defence Accounts concerned under whose jurisdiction Pay

Accounts Officer (Other Ranks) function.

2

(ii) Active List Shall mean service in the Army whether on full pay or

otherwise before retirement and shall not include recalled or re-

employed service.

(iii) Armed Forces Means Army, Navy, Air Force, Defence Security Corps and

Territorial Army except Civilians.

(iv) Emoluments Shall mean as defined in regulation 27 of these Regulations.

(v) Government Shall include –

dues (a) dues pertaining to Government accommodation including

arrears of license fee, if any,

(b) dues other than those pertaining to Government

accommodation namely, balance of house building or

conveyance or any other advance, over payment of pay and

allowances or leave salary and arrears of income tax deductible

at source under the Income Tax Act, 1961(43 of 1961).

(vi) Gratuity Includes service /retiring/ retirement/ death/ family/ invalid/

special/ terminal gratuity.

(vii) Officer Officer means a person Commissioned, gazetted or in pay as an

Officer in the Regular Army including Military Nursing Service

and Territorial Army.

(viii) Pension Shall include gratuity except when the term pension is used in

contradistinction to gratuity, but does not include dearness

Relief.

(ix) Personnel Below Means a person other than an Officer and includes

Officer Rank Junior Commissioned Officer, Non-Commissioned Officer, and

Hony. Commissioned Officer belonging to regular Army,

Defence Security Corps and Territorial Army.

(x) Public Claim Shall be held to mean any public debt or disallowance including

any over issue made through an error as to the fact, or a

deficiency or irregular expenditure of public money or stores of

which after due investigation, no explanation satisfactory to the

President is given by the person who is responsible for same.

(xi) Retired List An Officer is said to be on the retired list if he has served in the

regular Armed Forces as a Permanent Commissioned Officer

and has retired there from or otherwise placed on the retired list

according to the Regulations in force from time to time, and an

Officer is deemed to be on the retired list even if he has been

recalled or re-employed in the Armed Forces.

(xii) Service Personnel Includes Officer and Personnel Below Officer Rank.

3

KIND OF PENSIONARY AWARDS

5. (i) Retiring Pension/Service pension

(ii) Retiring gratuity /Service gratuity

(iii) Special pension/Special gratuity

(iv) Invalid pension/ Invalid gratuity;

(v) Retirement gratuity/ Death gratuity.

(vi) Disability pension/ Liberalized

Disability Pension/War injury pension

(vii) Ordinary family pension /Special family pension /Liberalized family pension

(viii) Dependant pension/Second life award of Special family

pension/ Second Life Award of Liberalized family

pension

(ix) Family gratuity.

LIMITATION ON NUMBER OF PENSIONS

6. Except where otherwise specifically provided for, an individual shall not earn more

than one pension under these Regulations for the same service or post at the same time or

for the same continuous service.

GRANT OF PROVISIONAL PENSION

7. (a)(i) An individual against whom any disciplinary proceedings under the Army

Act,1950 or judicial proceedings are pending /instituted may, on his retirement

/release/discharge/invalidment, be authorized by the Principal Controller of

Defence Accounts (Pensions), a provisional pension not exceeding the maximum

pension which would have been admissible to him on the basis of the qualifying

service upto the date of retirement/release/discharge/invalidment, or if he was

under suspension on the date of retirement/ release /discharge /invalidment,

upto the date immediately preceding the date on which he was placed under

suspension.

(ii) The provisional pension shall be authorised during the period commencing from

the date following the date of retirement/release /discharge/invalidment upto and

including the date on which, after the conclusion of the disciplinary or judicial

proceedings, final orders are passed by the competent authority.

(iii) No gratuity (including retirement gratuity) shall be authorised until the

conclusion of such proceedings and issue of final orders thereon.

(iv) No commutation of the provisional pension shall be permitted.

(b) Payment of provisional pension as mentioned in clause (a) (i) above, shall be adjusted

against the final retirement benefits that may be sanctioned to such service personnel

upon conclusion of such proceedings but no recovery shall be made where the pension finally

sanctioned is less than the provisional pension or where final pension is reduced or withheld

either permanently or for a specified period.

PENSION SUBJECT TO FUTURE GOOD CONDUCT

8. (a) Future good conduct shall be an implied condition for every grant of pension

or allowance and its continuance under these Regulations.

4

(b) The competent authority may, by an order in writing, withhold or withdraw a

pension or a part thereof whether permanently or for a specified period, if the pensioner

is convicted of a serious crime or is found guilty of grave misconduct.

Provided that where only a part of pension is withheld or withdrawn, the amount

of such pension shall not be reduced below the amount of minimum pension fixed

by Government from time to time.

(c) Where a pensioner is convicted of a serious crime by a court of law or by court

martial or is found guilty of grave misconduct, action under clause (b) above shall be

taken in the light of the judgment of the court relating to such conviction.

(d) In a case not falling under clause (c) above, as well as other cases where the

competent authority considers that the pensioner is prima facie guilty of grave

misconduct, the competent authority before passing an order under clause (b) above;

(i) serve upon the pensioner a notice specifying the action proposed to be taken

against him and the ground on which it is proposed to be taken against him

and calling upon him to submit, within 15 days of the receipt of the notice or

such further time not exceeding 15 days as may be allowed by the

competent authority, such representation as he may wish to make against the

proposal, and

(ii) take into consideration the representation, if any, submitted by the

pensioner under sub clause (i) above.

Notes: 1. The expression ‘serious crime’ means an offence under the Indian Penal Code

1860 or Official Secrets Act, 1923 or any other law for the time being in force

in the country for which the maximum punishment prescribed under the law is

imprisonment for a period of 3 years or more with or without a fine.

2. The expression ‘grave misconduct’ includes the communication or disclosure

of any secret official code or password or any sketch, plan, model, article, note,

document or information, such as is mentioned in Section 5 of the Official

Secrets Act, 1923 (19 of 1923) (which was obtained while holding office

under the Government) so as to prejudicially affect the interest of the general

public or the security of the State.

RIGHT TO WITHHOLD OR SUSPEND OR DISCONTINUE PENSION

9. (a) In circumstances to be determined by the competent authority or as may

be specified in these Regulations, the pension including the commuted value thereof

which has not been paid or gratuity to be granted to an individual, or any portion of it,

may be withheld, suspended or discontinued. In exceptional cases, payment of part or

whole of the pension, allowance or gratuity withheld or suspended may, by an order of

the competent authority, [Auth: Typographical error] [CS- 235 /2020]be made to the wife or other

dependant(s) of the pensioner.

(b) This Regulation may be invoked under the following circumstances -

(i) Offences against the State during the period of service, including service

rendered upon re-employment after retirement, as listed in Chapter-VI of the

5

Indian Penal Code. Relevant provisions of the Indian Penal Code are

reproduced below -

(1) Waging or attempting to wage war or abetting waging of war against the

Government of India;

(2) Conspiracy to commit offence punishable [by] under [Auth: Typographical error] [CS-

235 /2020] section 121 I.P.C.

(3) Collecting arms etc. with intention of waging war against the Government

of India.

(4) Concealing with intent to facilitate design to wage war.

(5) Assaulting President, Governor etc. with intent to compel or restrain the

exercise of any lawful power.

(6) Sedition.

(7) Waging war against any Asiatic power in alliance with the Government of

India.

(8) Committing depredation on territories of powers at peace with the

Government of India.

(9) Receiving property taken by war or depredation mentioned in sections 125

and 126 Indian Penal Code.

(10) Public servant voluntarily allowing prisoner of State of war to escape.

(11) Public servant negligently allowing such prisoner to escape.

(12) Aiding escape of, rescuing or harbouring such prisoner.

(ii) Other serious crimes under Indian Penal Code, Official Secrets Act or any other

special law of the land and grave misconduct; as defined in Notes to Regulation

8 of these Regulations.

(iii) To recover the whole or part of any pecuniary loss caused to the Government

in cases where in any departmental or judicial proceedings, the

pensioner/individual is found guilty of misconduct or negligence committed

during the period of service including service rendered on re-employment after

retirement/discharge, leading to the said loss;

(iv) [Unauthorised by] Unauthorisedly [Auth: Typographical error] [CS- 236/2020] continuing to

occupy the residential accommodation including hired one provided by the

Government;

(v) When a report is received after sanctioning the pension, that departmental or

judicial proceedings (for the offences committed while in service or during the

period of re-employment) are in progress against the individual;

(vi)When an individual obtains re-employment after retirement without obtaining

prior permission of the competent authority where required; and,

(vii) Any other circumstances considered special by the Central Government.

PERSONNEL IN CIVIL GOVERNMENT EMPLOYMENT

10. An individual loaned for Civil Government employment irrespective of whether

he is on Civil or Army rates of pay, shall be governed by the Central Civil Services (Extra-

Ordinary Pension), Rules for the purpose of an extra-ordinary pensionary award in respect

of injuries received or death during such employment.

6

The benefits admissible for the purpose of similar awards under these Regulations

will be allowed in relaxation of the provisions of the Central Civil Services (Extra-

Ordinary Pension), Rules, if these benefits are more advantageous than those admissible

under the Civil Rules.

ATTACHMENT OF PENSION BY CIVIL COURTS

11. No pension whether due or to become due can be attached by process of any court

until it has actually been paid. No pensioner can assign or sell any interest in respect of a

pension not then due.

GRANT OF DEARNESS RELIEF ON PENSION/ FAMILY PENSION

12. (a) Dearness Relief against price rise may be granted to the pensioners and family

pensioners at such rates and subject to such conditions as the Government may specify

from time to time.

(b) If a pensioner is re-employed under the Central or State Government or a

Corporation/Company/Autonomous Body/Bank under them in India or abroad including

permanent absorption in such Corporation/Company/ Autonomous Body/Bank except as in

clauses (d), (e) and (f) below, he shall not be eligible to draw dearness relief on pension

except as in clause (d) below during the period of such re-employment and he shall be

required to furnish a certificate of non-employment or re-employment once in a year in the

month of November.

(c) In the event of non-production of above mentioned [certificates] certificate, [Auth:

Typographical error] [CS- 237/2020] the payment of dearness relief on pension shall be stopped

until the pensioner produces the same.

(d) The payment of dearness relief shall be allowed to re-employed Armed Forces

pensioners in the case of those who held the rank below the rank of Commissioned Officer,

subject to furnishing a certificate to the Pension Disbursing Authority from Central

Government Department concerned including subordinate organisation employing Armed

Forces Pensioners and maintaining service records of the re-employed pensioner retired

from military service that –

(i) The entire amount of pension sanctioned by the Central Government was

ignored in the fixation of the pay on re-employment i.e. no part of pension was

taken into account in such fixation of pay in the pay scale of the post in which

the Armed Forces personnel was re-employed.

(ii) The pay of the re-employed pensioner was/is fixed at the minimum of the pay

scale of the post in which he had/has been re-employed after discharge from Armed Forces. If the pay is fixed at a higher stage because of advance increments and no protection of the last pay

drawn is given, the pay be treated as fixed at the minimum only for the purpose of ignoring the entire

pension and allowing dearness relief on pension provided the ex-serviceman retired as Personnel

Below Officer Rank (PBOR) before attaining the age of 55 years. [Auth: MoD ID No.12(4)/03/

D(Pen/Pol) dated 16.4.2008] [CS- 05 /2020]

(e) The payment of dearness relief on family pension to employed family pensioners

shall remain payable during the period of employment.

(f) A pensioner employed outside India under a Foreign Government or a private

organisation shall remain eligible for dearness relief on pension/family pension.

7

Explanation: Pensioner who held the rank of C o m m i s s i o n e d Officer, is not entitled for dearness relief on his pension during the period of his re-employment.

EX-SERVICEMEN CONTRIBUTORY HEALTH SCHEME (ECHS)

13. (a) The Ex-servicemen Contributory Health Scheme has been made compulsory for

all pensioners/family pensioners except Gorkha pensioners of Nepal domicile and

pensioners of [ Defence Security Corps] [Auth: GOI MOD letter No. 22(68)2006/US(WE)/d(Res) dt.

22.01.2008] [CS- 03 /2020] Territorial Army.

(b) Recovery of Ex-servicemen Contributory Health Scheme contribution as prescribed from

time to time as per Annexure I to Appendix I [Auth: AGs Branch, Central Organization, MOD Corr No.

22D(04)/2010/WE/D(Res-I) dt. 29.12.2017] [CS- 211 /2020] shall be made by Principal Controller of

Defence Accounts (Pensions) Allahabad from the retirement gratuity/death gratuity.

Notes: 1. Individual in receipt of war injury pension and liberalized family pension is

exempted from payment of contribution under Ex-servicemen Contributory

Health Scheme.

2. Pensioners of Regular Army who join Defence Security Corps as second career

remain eligible for Ex-servicemen Contributory Health Scheme.

3. Personnel of Territorial Army of the following categories are entitled for Ex-

servicemen Contributory Health Scheme.

(i) Pension holders for continuous embodied Service.

(ii) Persons with disability attributable to military service.

(iii) Gallantry award winners.

4. Defence Security Corps Pensioners are also eligible for Ex-servicemen

Contributory Health Scheme w.e.f 22nd January 2008. [Auth: GOI MOD letter No.

22(68)2006/US(WE)/d(Res) dt. 22.01.2008] [CS- 04 /2020]

5. EC/SSC officers and their spouses are also eligible for ECHS facility

(MoD/D(WE) letter No. 17/11/2018/WE/D(Res.I) dated 07.03.2019

(c) A fixed medical allowance [@ Rs. 100/- per month] at the rate as notified by Govt from

time to time [Auth:GoI, MoD ID No. 1(10)/2009/D(P/P)dated 05.05.2015 as further revised vide letter no.

1(10)/2009-D(Pen/Pol) dated 29.08.2017] [CS- 158 /2020] shall be payable to pensioner/family

pensioner of Nepal domicile, Defence Security Corps and Territorial Army, who are not

covered under Ex-servicemen Contributory Health Scheme, from the date of

commencement of his pension, subject to the fulfillment of other such conditions as the

Government may specify from time to time as laid down in Annexure II of Appendix-I of

these Regulations.

MONETARY ALLOWANCE ATTACHED TO GALLANTRY DECORATIONS

14. Armed Forces personnel granted gallantry decoration viz. Param Vir Chakra, Maha

Vir Chakra, Vir Chakra, Ashok Chakra, Kirti Chakra, Shaurya Chakra and Sena Medal (for

gallantry) and their widows and eligible family members shall be eligible for monetary

allowances attached to the above decorations alongwith the monthly pension, in addition,

at the rates as amended from time to time and subject to the conditions laid down in

Appendix-II to these Regulations. ( Auth. MoD No. 7(62)/2014-D(AG) dated 04.12.2017

8

NOTE- Division of monetary allowance payable to the widow is not permissible

among her children and parents.

ROUNDING OFF OF PENSION/GRATUITY/COMMUTED VALUE OF

PENSION AND OTHER PENSIONARY BENEFITS.

15. (a) The amount of pension/gratuity/ commuted value of a portion of pension finally

determined shall be expressed in whole rupees and where it contains a fraction of a rupee,

it shall be rounded off to the next higher rupee.

(b) Pension/family pension when payable to more than one individual payable for part

of a month shall be rounded off in the following manner:-

(i) In respect of family pension, where the pension is payable to more than one

individuals, each share containing a fraction of a rupee shall be rounded off to next

higher rupee except in cases where family pension, if all the shares are put together,

exceed the maximum limit of family pension admissible. However, in exceptional

and rare case, where the shares of family pension rounded off as above when

added, cause an excess over the maximum limit, such case should be referred to

Government of India for a decision.

(ii) In respect of pension paid for a part of a month due to the death of a pensioner

or for any other reason where pension and relief thereon becomes payable in

fraction of a rupee shall be rounded off to the next higher rupee.

Explanation: The expression, “maximum family pension” should be understood to mean not the

whole amount of family pension payable in each case but the maximum ceiling prescribed

for family pension admissible at ordinary rates and at enhanced rates.

MINIMUM PENSION/FAMILY PENSION

16. If the amount of any kind of pension and service element of disability / war-

injury pension /family pension admissible under these Regulations works out to less

than Rs. 1275/- per month w.e.f.01.01.1996, Rs.3500/- w.e.f.01.01.2006 and Rs.9000/-

w.e.f.01.01.2016 [Auth: MoD No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No

17(02)/2016/D(P/P) dated 04.09.2017] [CS- 11 /2020], it shall be stepped up to Rs.1275./- per

month w.e.f.01.01.1996, Rs.3500/- w.e.f.01.01.2006 and Rs.9000/- w.e.f.01.01.2016 [Auth: MoD No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No 17(02)/2016/D(P/P) dated 04.09.2017]

[CS- 11 /2020], and authorized for payment at this rate.

MAXIMUM PENSION / ORDINARY FAMILY PENSION

16 A The retiring pension / service pension / invalid pension/ special pension and ordinary

family pension shall have maximum ceiling up to 50% and 30% respectively of the highest

pay in the Government. (The highest pay in the Govt is Rs. 90,000/- since 1.1.2006 and

Rs.2,50,000/- w.e.f. 01.01.2016) [Auth: MoD No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No

17(02)/2016/D(P/P) dated 04.09.2017] [CS- 12 /2020]

9

ADDITIONAL PENSION/FAMILY PENSION TO OLD PENSIONERS / FAMILY

PENSIONERS

16 B. (a) The quantum of pension/family pension payable to old pensioners/family

pensioners shall be increased as follows: -

Age of pensioner/family pensioner Additional quantum of pension/family pension.

(i) From 80 years to less than 85 years 20% of basic pension/family pension

(ii) From 85 years to less than 90 years 30% of basic pension/family pension

(iii) From 90 years to less than 95 years 40% of basic pension/family pension

(iv) From 95 years to less than 100 years 50% of basic pension/family pension

(v) 100 years or more 100% of basic pension/family pension [Auth: MoD No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No 17(02)/2016/D(P/P) dated

04.09.2017] [CS- 13 /2020]

Note-1: The quantum of additional pension payable shall also be applicable to old pensioners/

family pensioners of 80 years and above in receipt of War Injury Pension/ Disability

Pension/Invalid Pension/Liberalized Family Pension /Special Family Pension/Ordinary

Family Pension etc. [Auth: MoD No. 17(4)2008-Part-V/D(P/P) dated 31.08.2010] [CS- 105 /2020]

Note-2: The quantum of additional pension available to old pensioners in case of PSU

absorbees shall also be on full pension. [Auth: MoD letter No.1(2)/2001/D(P/P) dated 09.02.2011] [CS-

113 /2020]

Note-3: Amount of additional pension as finally calculated, would be rounded off to the next

higher rupee. [Auth: GoI, MoD letter No. 1(6)/2015/D(P/P) dated 23.12.2015] [CS- 170 /2020]

SECTION – 2

QUALIFYING SERVICE AND RECKONABLE EMOLUMENTS

Sub – Section I: Qualifying Service

17. The term qualifying service shall mean:

(a) For Pension –

(i) Officer including Military Nursing Service Officer - Actual qualifying service

rendered by the Officer [plus a weightage (in years) appropriate to the last rank held as indicated below

subject to the total qualifying service including weightage not exceeding 33 years]. "This provision deleted from

01.01.2006." [Auth: Para 5.1.3 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 read with MoD No.

even dt. 30.10.2009] [CS- 14 /2020]

[(I) Officer (other than Military Nursing Service, Emergency Commission and Short Service Commission)

RANK WEIGHTAGE IN YEARS

Lieutenant 09

Captain 09

Major 08

Lieutenant. Colonel. 07

Colonel(Time Scale) 07

Colonel(Selection) 07

Brigadier 05

Major General 03

Lieutenant. General 03

Lieutenant. General (Army Commander /Vice Chief of the

Army Staff)

03

10

Chief of the Army Staff 03

(II) Military Nursing Service Officer

Captain 07

Major 06

Lieutenant. Colonel / Colonel / Brigadier 05

Major General 03

]. "This provision deleted effect from 01.01.2006." [Auth: Para 5.1.3 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol)

dated 12.11.2008 read with MoD No. even dt. 30.10.2009] [CS- 15 /2020]

(ii) Personnel Below Officer Rank – I. Actual qualifying service rendered by the

individual.

II. However, for purpose of calculation of Service Pension as per provision of

Regulation 50(b), actual qualifying service plus a weightage of 10 years in the case of Sepoy,

8 years in the case of Naik and 6 years in the case of Havildar and 5 years in the case of Junior

Commissioned Officer subject to the total qualifying service including weightage not

exceeding 30 years in the case of Sepoy, Naik and Havildar and 33 years in the case a Junior

Commissioned Officer. If qualifying service of a Sepoy, Naik and Havildar is more than 30

years with 5 years weightage, he would continue to get the same.

NOTE: - The period of service rendered after the date of countersignature of the proceedings

of the medical board, declaring the individual unfit for military service to the date of

actual discharge, will be treated as qualifying service to the grant of pension/gratuity.

(b) Retirement Gratuity for Service Personnel – [Actual qualifying service plus a

weightage of 5 years subject to the total qualifying service including weightage not exceeding 33 years.]

(i) Officers:- Actual qualifying service subject to the total qualifying service not

exceeding 33 years.

(ii) Personnel Below Officer Rank:- Actual qualifying service plus a weightage of 5

years subject to the total qualifying service including weightage not exceeding 33 years. [Auth: Para 5 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated dt. 30.10.2009 & MoD No. 17(4)/ 2008(2) /D(Pen

/Pol) dated 04.10.2010] [CS- 16 /2020]

(c) Death Gratuity for Service Personnel – [Actual qualifying service rendered plus a

weightage of 5 years subject to the total qualifying service not exceeding 33 years. In case actual service is less

than 5 years, no weightage shall be given.]

(i) Officers:- Actual qualifying service subject to the total qualifying service not

exceeding 33 years.

(ii) Personnel Below Officer Rank:- Actual qualifying service plus a weightage of 5

years subject to the total qualifying service including weightage not exceeding 33 years. In

case actual service is less than 5 years, no weightage shall be given. [Auth: Para 5 of MoD

No.17(4)/ 2008 (2)/D(Pen/Pol) dated dt. 30.10.2009 & MoD No. 17(4)/ 2008(2) /D(Pen /Pol) dated 04.10.2010]

[CS- 17 /2020]

(d) Retiring/Service/Invalid/Terminal Gratuity for Service Personnel – Actual

qualifying service rendered.

Notes:

1. Full pre-Commissioned service rendered under the Central Government whether in

a civil department or in the Armed Forces, shall be taken into account for working

out the qualifying service for earning pensionary benefits subject to fulfillment of

other conditions. This will also be counted for determining the minimum qualifying

11

service indicated in Regulation 34, 47 & 168 of these Regulations for earning

retiring/service pension.

2. Resignation from service, unless it is allowed to be withdrawn in public interest,

entails forfeiture of past service except where it has been submitted to take up, with

proper permission another appointment under the Government where service

qualifies. (Auth. MoD letter No. 17(4)2008/D(Pen/Pol) dated 12.11.2008)

[HALF A YEAR’S PENSION OR GRATUITY] ROUNDING OFF OF QUALIFYING SERVICE [Auth: Typographical error] [CS- 239/2020]

18. (a) In calculating the length of qualifying service, fraction of a year equal to three

months and above but less than 6 months shall be treated as a completed one half

year and reckoned as qualifying service. The period of nine months and above

would, therefore, be two half years. This shall however not be applicable for

completing minimum qualifying service for pensionary awards.

(b) If the total period of qualifying service of an individual exceeds completed year by 6

months or more, the amount of his pension/gratuity will be computed for the completed

years plus one half year of his qualifying service including weightage, if any,

admissible under these Regulations.

SERVICE WHICH QUALIFIES FOR PENSION IN RESPECT OF REGULAR

OFFICERS

19. The following periods of service shall qualify for pension as regular Commissioned

Officer:

(a) Service as a Commissioned Officer and officer of Military Nursing Service.

( i ) Previous service as Officer in the Army, Navy and Air Force irrespective of the

type of commission, jointly or severally, subject to the refund in the prescribed

manner to the Government, of the gratuity, if any, other than war gratuity,

received in respect of such service provided that :

(I) any service which was forfeited by special orders, and

(II) any period of unauthorised absence unless pay and allowances are admitted for

the period of absence, shall not be regarded as qualifying service, nor any

period of ante-date except as provided in clauses [(l)] ( j) and [(m)] (k)

[Typographical error] [CS- 221 /2020] below.

(ii) In the case of Engineering Graduates, if Short Service Commission is followed

by permanent commission, the period during which an Officer holds Short

Service Commission on probation will reckon for the purpose of pensionary

benefits.

(iii) Qualifying service in the case of Permanent Commissioned Officer commence

from the date of commission. In case the short service commission is followed by

Permanent Commission, the period during which the officer holds short service

commission on probation reckons for pensionary benefits. [Auth: Note 1 below Para 5.2 of

MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 18 /2020] (b) Embodied or called out service as an Officer of the Territorial Army or the

Auxiliary Air Force, if it is preceded without a break.

(c) Service in the rank below that of Commissioned Officer – Service in the Armed

Forces in the rank below that of Commissioned Officer, if followed by Commissioned

12

service without a break subject to the refund of the gratuity in the prescribed manner to the

Government, if any, other than war gratuity received in respect of such service.

(d) Periods of leave – All kinds of leave including study leave. Any period of leave

without pay shall not, however, qualify unless specifically authorised by Government.

(e) Period of suspension from duty by order of a competent authority – The

period of suspension in the case of an Officer, who is not brought to trial or who is

acquitted of the charge(s) by competent court or Authority for which he was placed under

suspension. In all other cases, the period passed under suspension shall count for pension

only under the orders of the Central Government.

(f) Service on deputation under Civil Department or State Government or a

Municipality or a Foreign Government -

(i) Service under an Office/Department/Ministry of the Central Government or

under a State Government.

(ii) Service under a Foreign Government or a Local Body or an Autonomous

Corporation or a Municipality or other Institution provided that a pension

contribution is paid by the Central Government or by the Officer himself or by

the borrowing authority.

(g) Previous pensionable civil service - Any period of pensionable civil service

under Central/State Government if followed by military service, without a break and

subject to the condition that gratuity and interest, if any, received in respect of such service

being refunded to the Government in the prescribed manner.

(h) Previous service in Central Autonomous Bodies - Service rendered in the

Autonomous Bodies before and after his take over by the Government followed by service

as a Commissioned Officer with or without break [. The] , the [Typographical error] [CS- 240

/2020] period of break, if any, will be automatically condoned under the provisions of

Regulation 23(a) of these Regulations.

Note : Retirement benefits, if any, received for the service rendered in the Autonomous

Bodies by the individual, who was in service of those bodies at the time of his

being taken over by the Government will be returned to the Defence Services

Estimates. The gratuity/employer’s contribution, if any, received by the

individual who left the service of Autonomous Bodies prior to his take over by

the Government, will be refunded with simple interest at the rate prescribed by

the Government from time to time from the date of receipt to the date of refund.

( j ) Period of ante-date of commission and secondment in the case of Officer of

the Army Medical Corps and Army Dental Corps- The period of ante-date of

commission granted to an Officer in respect of an approved whole time appointment held

in a recognised civil hospital prior to commissioning and/or possession of a post graduate

diploma/higher qualifications; and the periods of secondment of an Officer for the purpose

of attending a course in a recognised institution subject to the following maxima:

(i) Ante-date of commission 18 months

(ii) Secondment 12 months

(iii) When both ante-date and

secondment have been granted 24 months

13

Provided that in the case of an Officer who obtains a post-graduate diploma or

higher qualifications while in civil service or in temporary military service, the periods of

ante-date given for such higher qualifications shall not be allowed to count for

pension/gratuity if such civil service or temporary military service counts for pension or

gratuity as a Commissioned Officer. However, if the post graduate diploma or higher

qualification is acquired either before joining the civil service or after leaving the civil

service and before joining the Army Medical Corps or Army Dental Corps, the periods of

ante date granted on account of such higher qualifications shall continue to reckon for

pension under the existing rules.

(k) Period of secondment in case of Military Nursing Service Officer- The period

of secondment in the case of Military Nursing Service Officer if not exceeding 12 months

in aggregate.

Notes: 1. The period of arrest preceding the sentence of rigorous imprisonment by court

martial, in which the Officer remains in service and carries out work and

undergoes military instructions in the Unit itself under the orders and

supervision of military authorities, will be treated as qualifying service

[Typographical error] [CS- 241 /2020] for pension.

2. Period of service not covered by the preceding clauses shall also qualify for

pension as a Commissioned Officer to the extent and subject to the conditions

under which it has been or may be permitted for purposes of these Regulations

by specific Government orders.

SERVICE WHICH QUALIFIES FOR RETIRING GRATUITY IN RESPECT OF

REGULAR OFFICERS

20. Subject to the following modifications in the case of Officer, all service which

qualifies in full for pension also qualifies for retiring gratuity, and on the same conditions:

(a ) Period spent by an Officer on study leave which qualifies in full for retiring

pension shall also qualify for gratuity, provided that service for a minimum period

specified by the Government has been rendered from the date of return from the study

leave last availed of. This proviso may be relaxed in the case of an Officer who is

permitted to retire on account of ill - health within that period.

(b) The period of ante-date of commission and secondment allowed as qualifying

service [Typographical error] [CS- 242 /2020] for pension in the case of Army Medical Corps

and Army Dental Corps Officer shall not qualify for gratuity.

SERVICE WHICH QUALIFIES FOR PENSION AND GRATUITY IN RESPECT

OF PERSONNEL BELOW OFFICER RANK

21. All service from the date of appointment or enrolment/transfer to man’s service and

any service rendered before attaining the age of 17 years, from the date of enrolment to the

date of discharge shall qualify for pension and or gratuity with the exception of:

(i) any period of service on a temporary establishment or for which a special

rate of pay is granted on the understanding that no pension is admissible,

(ii) any period of unauthorised absence unless pay and allowances are admitted

for the period of absence,

14

(iii) any period of absence without leave which is regularised as extra-ordinary

leave without pay and allowances,

(iv) any period intervening between the date of dismissal/discharge/release and

that of its cancellation which is regularised as extra-ordinary leave without

pay and allowances,

(v) any period of absence as a prisoner of war, unless pay and allowances are

admitted for the period of absence,

(vi) any period of detention in civil custody before being sentenced to

imprisonment or fine, unless the President, as a special case, issues orders

reducing the period that shall not count,

(vii) any period of imprisonment by sentence of a civil court or of a court

martial.

Notes: 1. The period of arrest preceding the period of rigorous imprisonment by Court

Martial, in which an individual remains in service and carries out work and

undergoes military instructions in the unit itself under the orders and

supervision of military authorities, will be treated as qualifying for pension.

2. In case of claim to disability pension all service from the date of appointment

or enrolment to the date of discharge shall qualify for pension or gratuity

subject to exception (i) to (vii) above.

EFFECT OF FORFEITURE OF SERVICE BY COURT MARTIAL UNDER THE

ARMY ACT, 1950.

22. The period of service, which has been forfeited under Section 71(h) of the Army

Act, 1950 by a court martial shall not be counted towards the pensionary awards.

CONDONATION OF INTERRUPTION IN SERVICE

23. (a) In the absence of a specific indication to the contrary in the service records, an

interruption between 2 spells of service rendered in civil or military capacity under Central

Government shall be treated as automatically condoned and the pre-interruption service

treated as qualifying service for pension/gratuity.

(b) Nothing in clause (a) above shall apply to interruption caused by resignation,

dismissal or removal from service or participation in strike.

(c) The period of interruption referred to in clause (b) above shall not count

as qualifying service.

Note: In case of Personnel Below Officer Rank, the interruption caused by discharge at

own request is not equivalent to resignation. As such the term resignation used in

clause (b) above is exclusive of the interruption caused by discharge at own

request.

SERVICE RENDERED IN AID OF CIVIL ADMINISTRATION

24. Service rendered by service personnel in aid of civil administration shall be treated as

military service for the grant of pensionary benefits under these Regulations.

RE-EMPLOYMENT OF PERSONNEL BELOW OFFICER RANK IN THE

15

NATIONAL CADET CORPS/AUXILLERY CADET CORPS, AND LOK

SAHAYAK SENA

25.(a) Personnel Below Officer Rank re-employed on the instructional or Administrative

staff in the National Cadet Corps/Auxillery Cadet Corps/Lok Sahayak Sena shall continue

to draw service pension during the period of re-employment in the National Cadet

Corps/Auxillery Cadet Corps, [And] and [Typographical error] [CS- 243 /2020] Lok Sahayak

Sena and such service shall not count for enhancement of pension. The re-employed

service will also not qualify for the grant of terminal gratuity.

An individual who is not in receipt of pension, will on completion of the period of

engagement including the extended period of service with National Cadet

Corps/Auxiliary Cadet Corps, be eligible for a terminal gratuity for the period of service

rendered in NCC/ACC at the rate as admissible for service gratuity under Regulation 55.

(b) Disability pensionary awards including constant attendance allowance shall

be governed under normal rules but in addition to service pension already in issue, a

disability element as admissible to regular personnel will be admissible. Individual who is discharged from service after completion of period of engagement and

at the time of discharge found to be suffering from a disability attributable to Military service,

may be granted a compensation for functional incapacity at the rate laid down in Regulation 98

(b) for the rank last held, as if he has been discharged on account of that disability.

(c) Special family pension shall be admissible at the same rate and under the

same conditions as applicable to regular personnel.

COMPETENT AUTHORITY

26. The authority competent to exercise powers for the purpose of various

Regulations in respect of service personnel and his families shall be as indicated in

Appendix III to these Regulations.

Sub Section II: Emoluments

RECKONABLE EMOLUMENTS

27. The term ‘reckonable emoluments’ shall mean:-

Category Retiring/ service / invalid

pension

Family pension All types of gratuities

Officers Pay including Rank Pay,

Dearness Pay,

stagnation increment

and Non Practicing

Allowance, if any,

drawn.

Pay including Rank Pay,

Dearness Pay, stagnation

increment and Non

Practicing Allowance, if any,

last drawn.

Pay including rank pay,

Dearness Pay, stagnation

increment and Non Practicing

Allowance, if any, Plus

Dearness Allowance

admissible on the date of

retirement/invalidment /death.

Personnel

Below Officer

Maximum Pay of the

Pay scale, including

Pay and Dearness Pay

including classification

Pay and Dearness Pay

including classification

16

Rank 50% of the highest

classification allowance,

if any, of the Rank last

held and group in which

paid & Dearness Pay.

allowance, stagnation

increment, if any, last drawn

by the individual.

allowance plus stagnation

increment, if any, plus

Dearness Allowance

admissible on the date of

discharge / retirement /

invalidment /death.

The Recknonable emoluments w.e.f. 01.01.2006 shall mean:-

Category Retiring/ service / invalid

pension

Family pension All types of gratuities

Commissioned

Officers

Pay in the Pay Band,

Grade Pay, Military

Service Pay and Non

Practicing Allowance, if

any, last drawn..

Pay in the Pay Band, Grade

Pay, Military Service Pay

and Non Practicing

Allowance, if any, last

drawn.

Pay in the Pay Band, Grade

Pay, Military Service Pay and

Non Practicing Allowance, if

any, plus Dearness Allowance

admissible on the date of

retirement/ invalidment/

death..

Personnel

Below Officer

Rank

Pay in the Pay Band,

Grade Pay, Military

Service Pay, 'X' Group

Pay and whole of

classification allowance,

if any, last drawn

Pay in the Pay Band, Grade

Pay, Military Service Pay,

'X' Group Pay and

classification allowance, if

any, last drawn by the

individual.

Pay in the Pay Band, Grade

Pay, Military Service Pay, 'X'

Group Pay and classification

allowance, if any, plus

Dearness Allowance

admissible on the date of

discharge/ invalidment /death.

[Auth: Para 3 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 19 /2020]

The Reckonable emoluments w.e.f.01.01.2016 for purpose of calculation of various pensionary benefits other than various kinds of Gratuities, shall consist the following-

Commissioned officers: Pay in the Pay Matrix, Military Service Pay and Non Practicing Allowance, if any, last drawn by the officer.

Junior Commissioned Officers & Other Ranks: Pay in the Pay Matrix, Military Service Pay, 'X' Group Pay and classification allowance, if any, last drawn by the JCO/ORs.

For calculation of all kinds of gratuities, dearness allowance admissible on the date of retirement/discharge/invalided out/ death shall continue to be treated as part of emoluments along with reckonable emolument for pension as above.

[Auth: Para 4.1 & 4.2 of GoI, MoD letter No. 17(02)/2016-D(Pen/Pol) dated 04.09.2017] [CS- 183 /2020]

Notes: 1. Where an Officer immediately before his retirement or death while in

service had been absent from duty on leave (including furlough leave) for

which leave salary is/was payable, or having been suspended had been

reinstated without forfeiture of service, the emoluments which he would

have drawn, had he not been absent from duty or not been suspended, shall

reckon for pensionary benefits.

Provided that any increase in pay (other than the increment referred to

in Note 4 below), which is/was not actually drawn shall not form part of

emoluments.

2. Where an Officer immediately before his retirement or death while in

service, had proceeded on leave for which leave salary is/was payable,

after having held a higher paid acting rank, the emoluments drawn in such

paid acting rank, shall reckon for pensionary benefits only if it is certified

17

that he would have continued to hold the paid acting rank but for his

proceeding on leave.

3. Where an Officer immediately before his retirement or death while in

service had been under suspension or absent from duty, the period whereof

does not count as service, the emoluments which he drew immediately

before such absence from duty or being placed under suspension, shall

reckon for pensionary benefits.

4. Where an Officer immediately before his retirement or death while in

service, was on annual leave or furlough leave and earned an increment

during such leave which was not withheld, such increment, though not

actually drawn, shall form part of emoluments reckonable for pensionary

benefits.

Provided that the increment was earned during the currency of such

leave not exceeding 120 days or during the first 120 days of the leave, where

such leave was for more than 120 days.

5. Where an Officer is serving in an organisation other than the Armed Forces, the actual pay and allowances drawn during such service shall not be treated as emoluments, but [the basic pay plus non practing allowance, rank pay and stagnation

increment,] the sum of the pay in the pay band including grade pay or pay in pay matrix and Military service Pay plus Non-Practicing allowance, [Auth: Para 3.1 and

Note 4 below Para 3.4 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 read with MoD

letter dated 04.09.2017] [CS- 20 /2020] if any, which he would have drawn in the Armed Forces, had he not been on such service, shall alone be treated as emoluments reckonable for pensionary benefits.

6. Where the emoluments of an Officer have been reduced during the last 10

months of his service otherwise than as a penalty, average emoluments as

referred to in Regulation 35 shall be treated as emoluments for the purposes of

computation of retirement/death gratuity and ordinary family pension.

18

CHAPTER – II

RETIRING PENSION / RETIRING GRATUITY, SERVICE PENSION /

SERVICE GRATUITY AND SPECIAL PENSION/SPECIAL GRATUITY

SECTION – 1: Regular Officers

Sub-Section – I: General

TO WHOM APPLICABLE

28. The Regulations in this Chapter shall apply to Regular Commissioned Officer and

Officer of Military Nursing Service.

OFFICER CASHIERED, DISMISSED, [Typographical error] [CS- 244 /2020] REMOVED

OR CALLED UPON TO RETIRE

29. (a) An Officer who is cashiered/dismissed under the provisions of the Army Act or

removed under the Rules made there under as a measure of penalty, will be ineligible for

pension or gratuity in respect of all previous service. In exceptional cases, however, the

competent authority on submission of an appeal to that effect may at his discretion

sanction pension/gratuity or both at a rate not exceeding that which would be otherwise

admissible had he been retired on the same date in the normal manner.

(b) An Officer who is compulsorily retired/removed on grounds other than misconduct

under the provisions of the Army Act and the Rules made there under remains eligible for

pension and, or gratuity as admissible on the date of retirement/removal. These will suo-

moto apply to cases of dismissal/removal converted into retirement subsequently.

(c) All appeals to the competent authority in this regard will be preferred within 2 years

of the date of cashiering/dismissal/removal.

RETIRED OFFICER RE-EMPLOYED IN AN EMERGENCY OR OFFICER OF

THE REGULAR RESERVE RECALLED TO SERVICE

30. (a) The pension of a retired Officer who is re-employed in an emergency in a

military capacity and of a class X reserve Officer recalled to service shall be held in

abeyance during the period of re-employed/recalled service. However an Officer in receipt

of a disability pension will continue to draw the disability element of his pension.

(b) The re-employed/recalled service shall not earn an increase in pension or any

gratuity.

(c) Disability element of disability pension or war-injury element of war-injury

pension, constant attendance allowance, special/liberalised family pensionary awards on

account of disablement or death due to re-employed/recalled service, shall be at the same

rates and subject to the same general conditions as are applicable to other Officer on the

active list.

19

ACCEPTANCE OF COMMERCIAL EMPLOYMENT BY OFFICER AFTER

RETIREMENT WHO ARE GRANTED PENSION, GRATUITY OR OTHER

BENEFITS

31. If an Officer who held the rank of Colonel and above, immediately before

retirement and who is granted or is likely to be granted a pension/gratuity (including

retirement gratuity) or other benefits in respect of his Armed Forces service, wishes to

accept any commercial employment before the expiry of one year from the date of his

retirement, he shall obtain the prior sanction of the Government to such acceptance and no

pension shall be payable to him if he accepts a commercial employment without such

sanction in respect of any period for which he is so employed or for such longer period as

the Government may direct.

Explanations:-

1. The expression “commercial employment” includes:-

(a) An employment in any capacity including that of an agent under a

company, co-operative society, firm or individual engaged in trading in commercial,

industrial, financial or professional business and includes also a directorship of such

company and partnership of such firm but does not include employment under a Body

Corporate, wholly or substantially owned or controlled by the Government.

(b) Setting up practice either independently or as a partner of a firm as

adviser or as consultant in matters in respect of which the pensioner:

(i) has no professional qualifications and the matters in respect of which the

practice is to be set up or is carried on, are relatable to his official

knowledge or experience, or

(ii) has professional qualifications, but the matters in respect of which such

practice is to be set up are likely to give his clients an unfair advantage by

reason of his previous official position.

(c) Employment, where the pensioner has to undertake work involving liaison

or contact with the Offices or Officers of the Government.

2. The expression “date of retirement” including premature retirement in relation to

an Officer re-employed after retirement either in the same or in any equivalent post in the

Armed Forces, including National Cadet Corps, means the date on which the Officer

finally ceases to be re-employed in the Defence Services.

3. The expression, “employment under a co-operative society”, includes the

holding of any office, whether elective or otherwise, such as that of President, Chairman,

Manager, Secretary, Treasurer and the like, by whatever name called in such society.

EMPLOYMENT AFTER RETIREMENT UNDER A GOVERNMENT OUTSIDE

INDIA

32. An Officer who wishes to accept any employment under any Government outside

India shall obtain prior permission of the Central Government for such acceptance. No

pension shall be payable to a pensioner who accepts such an employment without prior

permission in respect of any period as the Central Government may direct. Gratuity where

20

due, but not already paid, shall also be liable to be forfeited in part or in full as the Central

Government may, at its discretion, decide.

NOTE- Officer other than Army Medical Corps/Army Dental Corps carrying reserve

liability shall obtain permission of Government before proceeding abroad and/or

acquiring citizenship of a foreign country.

Explanations:-

1. For the purpose of this Regulation, the expression, “employment under any Government

outside India” includes employment under a Local Authority or Corporation or any

other Institution or Organisation which functions under the supervision or control of

Government outside India, or an organisation of which Government of India is not a

member. Permission will, however, not be granted for acceptance of employment under

a foreign mission in India before expiry of at least 3 years from the date an Officer

ceases to be in Armed Forces service.

2. The expression “date of retirement” including premature retirement in relation to an

Officer re-employed after retirement either in the same or in any equivalent post in the

Armed Forces, including National Cadet Corps, means the date on which the Officer

finally ceases to be re-employed in the Defence Services.

Sub-Section – II: Retiring Pension

ADMISSIBILITY

33. An Officer who retires on attaining the prescribed age of retirement or permitted to

retire from service may be granted retiring pension or retiring gratuity as the case may be

in accordance with these Regulations subject to the provisions of Regulation 29 of these

Regulations.

MINIMUM QUALIFYING SERVICE FOR EARNING RETIRING PENSION

34. The minimum period of actual qualifying service [(without weightage)] [Auth: MoD

No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No 17(02)/2016/D (P/P) dated 04.09.2017] [CS- 21

/2020] required for earning a retiring pension shall be 20 years (15 years in the case of late

entrants).

Explanation: --

For purpose of the Regulations in this Chapter, a ‘late entrant’ is an Officer who is retired

on reaching the prescribed age limit for compulsory retirement with at least 15 years

service [(without weightage)] [Auth: MoD No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No

17(02)/2016/D (P/P) dated 04.09.2017] [CS- 21 /2020] qualifying for pension but whose total

qualifying service is less than 20 years [(without weightage)]. [Auth: MoD No.17(4)/2008

(2)/D(Pen/Pol) dated 12.11.2008 & MoD No 17(02)/2016/D (P/P) dated 04.09.2017] [CS- 21 /2020]

AVERAGE EMOLUMENTS FOR RETIRING PENSION

35. Average emoluments in the case of Officer shall be determined with reference

to the reckonable emoluments drawn by him during the last 10 months of his service.

Notes:1. If during the last 10 months of his service, an Officer had been

21

absent from duty [or] on [Auth: typographical error] [CS- 22 /2020] leave for which leave

salary is payable or having been suspended, had been re-instated without forfeiture

of service, the emoluments which he would have drawn had he not been absent from

duty or suspended, shall be taken into account for determining the average

emoluments.

Provided that any increase in pay (other than the increment referred to in Note 3

below) which is not actually drawn shall not form part of his emoluments.

2. If during the last 10 months of the service, an Officer had been absent from duty

or had been under suspension, the period whereof does not count as service,

the aforesaid period of absence from duty or suspension, shall be disregarded in

the calculation of the average emoluments and equal period before the 10 months

shall be included.

3. In the case of an Officer who was on annual leave or furlough leave during the last

10 months of his service and earned an increment, which was not withheld, such

increment though not actually drawn, shall be included in the average emoluments.

Provided that the increment was earned during the currency of such leave not

exceeding 120 days or during the first 120 days of leave where such leave was for

more than 120 days.

RATE OF RETIRING PENSION

36. [Retiring pension for 33 years of qualifying service shall be calculated at 50% of average of

emoluments reckonable for pension as determined in Regulation 35 above, subject to the ceiling prescribed by

Government from time to time. For lesser period of reckonable qualifying service, the amount of pension shall

be reduced proportionately.] Retiring pension shall be calculated at 50% of emoluments last

drawn or average of reckonable emoluments drawn during last 10 months, whichever is

more beneficial subject to Maximum limit of pension. [Auth: Para 6.1 (a) of MoD No.17(4)/ 2008

(2)/D(Pen/Pol) dated 12.11.2008 as modified by Corr of even no. dt. 20.01.2009 and re modified by Para 3 of

letter even No. dt. 30.10.2009 read with para 6.1 of MoD No. 17(02)/2016/(pen/pol) dated 04.09.2017] [CS- 23

/2020]

Note: Retiring pension of Lieutenant Colonel, Brigadier or Major General shall not be

less than the pension which would have been admissible to him/her as a Major, Colonel

(Selection) or a Brigadier as the case may be, had be not been promoted to the higher rank.

DISABILITY ELEMENT IN ADDITION TO RETIRING PENSION TO OFFICER

RETIRED ON ATTAINING THE PRESCRIBED AGE OF RETIREMENT OR PRE-

MATURELY RETIREMENT

37. (a) An Officer who retires on attaining the prescribed age of retirement or

on completion of tenure, if found suffering on retirement, from a disability which is either

attributable to or aggravated by military service and so recorded by Release Medical

Board, may be granted in addition to the retiring pension/retiring gratuity as admissible, a

disability element from the date of retirement if the degree of disability is accepted at 20%

or more.

Note- Armed Forces Personnel who are retained in service despite disability, which is

accepted at attributable to or aggravated by Military Service and have foregone lump-sum

compensation in lieu of that disability, may be given disability element/war injury element

at the time of their retirement whether voluntary or otherwise in addition to Retiring/Service

22

pension or Retiring/Service Gratuity. This provision shall apply wef 01.01.2006. [Auth: MoD

letter No. 16(5)/2008/D(P/P) dated 29.09.2009] [CS- 71 /2020]

(b) The disability element for 100% disability shall be at the rate laid down in Regulation

94 (b) below. For disabilities less than 100% but not less than 20%, the above rates shall be

proportionately reduced. [Provisions contained in Regulation 94(c) shall not be applicable for

computing disability element.] Provisions contained in Regulation 94(c) shall also be applicable

for computing disability element w.e.f 01.01.2016 [Auth: Para 10.1 of GoI, MoD letter No. 17(02) /

2016-D(Pen/Pol) dated 04.09.2017] [CS- 188 /2020] (c) Where an officer retired or voluntary retired prematurely with disability/ war injury

attributable to or aggravated by Military service and accepted as 20% or more, the extent

disability or functional incapacity shall be determined as per provision contained in

Regulation 94 ( c) for computing disability/war injury element. This provision is applicable

w.e.f 01.01.2016. [Auth: Para 10.1 of GoI, MoD letter No. 17(02) / 2016-D(Pen/Pol) dated 04.09.2017] [CS-

188 /2020]

Sub-Section – III: Retiring Gratuity

ADMISSIBILITY

38. An Officer who retires/permitted to retire from service or whose services are

otherwise terminated and has not earned retiring pension shall be granted a retiring gratuity

in accordance with these Regulations subject to the provisions of Regulation 29 of these

Regulations.

MINIMUM SERVICE FOR EARNING RETIRING GRATUITY

39. The minimum period of qualifying service actually rendered and required to earn

retiring gratuity by [Officer] an officer [Auth: Typographical error] [CS- 322/2020] shall be 10 years [(without weightage)] [Auth: MoD No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No

17(02)/2016/D (P/P) dated 04.09.2017] [CS- 24 /2020].

Provided that in case of resignation on marriage by Military Nursing Service Officer,

the minimum qualifying service required for earning retiring gratuity shall be 5 years.

SCALE OF RETIRING GRATUITY

40. The retiring gratuity to [Officer] an officer [Auth: Typographical error] [CS- 323/2020]

shall be admissible at the uniform rate of half a month’s reckonable emoluments last

drawn for each completed 6 monthly period of qualifying service subject to maximum

of Rs. 10 Lakhs with effect from 01.01.2006 [Auth: Para 8 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol)

dated 12.11.2008] [CS- 25 /2020] and Rs. 20 Lakhs with effect from 01.01.2016 [Auth: MoD No.

17(02) / 2016-D(Pen/Pol) dated 04.09.2017] [CS- 191 /2020] There shall be no reduction in the

quantum of retiring gratuity so arrived at, in the case of [Officer] an officer [Auth:

Typographical error] [CS- 323/2020] who is permitted to retire prematurely on compassionate

grounds/personal reasons.

23

SECTION –2 : Personnel Below Officer Rank

Sub-Section-I: General

INDIVIDUAL DISMISSED/REMOVED OR DISCHARGED UNDER THE ARMY

ACT 1950

41. (a) An individual who is dismissed under the provisions of Army Act, 1950 or

removed under the Rules made there under as a measure of penalty, will be ineligible for

pension or gratuity in respect of all previous service. In exceptional case, however, the

competent authority on submission of an appeal to that effect may at its discretion sanction

pension/gratuity or both at a rate not exceeding that which would be otherwise admissible

had he been retired/discharged on the same date in the normal manner.

(b) An individual who is compulsorily retired/ discharged or removed on grounds other

than misconduct or discharged under the provisions of Army Act, 1950 and the Rules made

there under, remains eligible for pension and/or gratuity as admissible on the date of

discharge. This will suo-moto apply to cases of dismissal/removal converted into

discharge subsequently.

(c) All appeals to the competent authority in this regard will be preferred within 2 years of

the date of dismissal/removal.

PENSIONER RE-EMPLOYED IN EMERGENCY

42. (a) Pensioner re-employed on mobilization in military or civil capacity

in emergency shall receive pension in addition to pay subject to certain conditions as

prescribed in these Regulations. Re-employed service subject to the conditions as

prescribed by Government, shall not count for enhancement of pension or for gratuity.

(b) The same treatment as in clause (a) above may, at the discretion of the

competent authority, be accorded to pensioner who is re-employed in military or civil

capacity in the Defence Services in other emergencies in which the re-employment of a

large number of pensioners is necessary. Re-employed service shall not count for

enhancement of pension or for gratuity.

FORFEITURE OF SERVICE FOR CERTAIN OFFENCES AND ITS RESTORATION

43. (a) An individual shall forfeit the whole of his prior service towards pension

or gratuity upon being convicted by court martial of the offence:

(i) desertion, vide Section 38 of the Army Act, 1950;

(ii) fraudulent enrolment, vide Section 43(a) of the Army Act, 1950,

(b) An individual who has forfeited service under the provisions of the preceding clause (a)

(i) but has not been dismissed shall, on completion of a period of 3 years further service

with exemplary conduct and without any red ink entry, be eligible to reckon the forfeited

service towards pension or gratuity.

24

CONDONATION OF DEFICIENCY IN SERVICE FOR ELIGIBILITY TO

PENSION/GRATUITY

44. The deficiency in service for eligibility to pension/gratuity may be condoned

upto12 months in each case by competent authority except in the case of:-

(i) an individual who is discharged at his own request;

(ii) an individual who is invalided with less than 15 years of service.

(iii) who is eligible for special pension or gratuity under these Regulations.

(iv) an individual who is eligible for 2nd service pension for the service rendered by

the individual in respect of DSC.

[Auth: MoD letter No. PC-14(2)/2011/D(P/P) dated 23.04.2012 read with GoI, MoD letter No.

14(02)/2011-D(Pen/Pol) dated 20.06.2017] [CS- 120 /2020] COUNTING OF FORMER SERVICE FOR SERVICE PENSION/ SERVICE

GRATUITY

45. An individual who has former service to his credit may be allowed by the

respective Pay Accounts Office (Other Ranks) to reckon his former service towards pension

and gratuity to the extent specified in the Table given [Auth: Typographical error] [CS- 324/2020]

below subject to the fulfillment of one or more of under mentioned conditions as specified

in column 5 of Table provided he was not dismissed from his former service. In individual

case the respective Pay Accounts Office (Other Ranks) may relax at its discretion conditions

2 & 3 below.

Conditions:

1 At the time of re-employment/re-enrolment, the individual shall have declared

his former service and cause of discharge there from and elected to count that service

towards pension or gratuity. The option once exercised shall be final.

2 After re-employment/re-enrolment, the individual shall have completed

consecutive period of 3 years service without any red ink entries or a court martial

conviction and respective Pay Accounts Office (Other Ranks) has allowed to reckon his

former service to the extent specified in the Table below, subject to fulfillment of the

conditions stated in Column 5 thereof.

3 The individual shall have refunded pension and gratuity other than war

gratuity along with interest in respect of his former service within a period of 3 years from

the date of his re-employment/re-enrolment. The rate of interest shall be the rate

applicable on fund deposits from time to time for the period from the date of receipt of

pensionary benefits to the date of his refund to the Government.

The interest shall be calculated in the same manner as is done in respect of Defence

Services Officers Provident Fund /Armed Forces Personnel Provident Fund balances. In

case where after the issue of orders by the respective Pay Accounts Office (Other Ranks)

on the basis of option exercised by the individual for counting of past service for

pensionary purposes, if he fails to deposit the pensionary benefits already received by him

within one month of receipt of communication from Pay Accounts Office (Other Ranks), a

penal interest @ 2% per annum shall be charged in addition to the normal rate of interest.

25

TABLE

Sl

No. Category of Personnel

Below

Officer

Rank

Description of former service

Extent to which former

service specified in Col 3

qualifies for pension or

gratuity in the present

engagement subject to the conditions in Col 5

Conditions to be fulfilled before

former service is allowed to reckon for pension/gratuity.

1. 2. 3. 4. 5.

1.

Combatants of the Army

(i) Service as Combatants in

Armed Forces

Former qualifying service-- in full

(a) If discharged from former service on other than public grounds conditions 1, 2 and 3 above.

(b) If discharged from service on

public grounds such as re-

organisation or reduction in

establishment; conditions 1

and 3 above.

(c) If discharged from former

service on war engagement terms

under Release Regulations on

reduction of Armed Forces or de-

mobilization; conditions 1 and 3

above.

(ii) Service in the

Defence Security

Corps.

(iii) Called out or

embodied service

in Territorial

Army

(iv) Civil service

(Central or State)

(v) Service in the

Central

Autonomous

Bodies.

Former qualifying

service-- in full

Former qualifying

service-- in full

Former qualifying

service-- in full

Former qualifying

service-- in full

Conditions 1, 2 and 3 above.

Conditions 1 and 2 above

Conditions 1 and 2

above

Conditions 1 and 2 above

and

(i) the maximum service in the Autonomous Bodies allowed

to count shall be limited to 1/3rd

of the total qualifying combatant service.

(ii) Service rendered, as combatant

has been at least half the service to

qualify for pension as a combatant.

(iii) The service in the autonomous

body shall not count

towards completion of engagement

period.

NOTE: Retirement benefits, if any,

26

(vi) Service as

Enrolled Non

Combatant

Former qualifying

service-- in full

received for the service rendered in the

Autonomous Bodies by the

individual who were in service of

those Bodies at the time of his being

taken over by the Government shall be

refunded to the Defence Service

Estimates. The gratuity/employer’s

contribution, if any, received by

the individual who left the service of

Autonomous Bodies prior to his take-

over by the Government, shall be

refunded with interest from the date of

receipt to the date of refund

Conditions 1 and 3 above,

provided he has completed 3 years

service as combatants

2. Combatants of Education

Corps

Continuous

former service as

civilian school

master of

Services/ Units

Former service qualifying for pension under

CCS (Pension) Rules,

1972—in full.

Conditions 1 & 2 above

27

Sub-Section-II: Service Pension

ADMISSIBILITY

46. Personnel Below Officer Rank who is discharged/retired on completion of term of

engagement/prescribed age /tenure/ service limit or get discharged on compassionate

grounds may be granted service pension/service gratuity as admissible under these

Regulations.

MINIMUM QUALIFYING SERVICE FOR SERVICE PENSION

47. Unless otherwise provided for, the minimum qualifying service for earning a

service pension shall be 15 years.

RANK AND GROUP FOR ASSESSMENT OF SERVICE PENSION

48. (a) Service pension shall be assessed on the basis of the rank actually held by an individual

regardless of whether it is held in a substantive or paid acting capacity, and the lowest group

for which he is last paid, during [the last 10 months of] his service. [Auth: Para 6.2 of MoD No.17(4)/

2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 26 /2020]

(b) Pension in respect of individual granted Assured Career Progression (ACP) up

gradation, will be calculated based on the [maximum of] pay last drawn in the pay scale granted

under ACP up gradation including [50% of the highest] classification allowance, if any, of the

rank held and group in which paid [subject to the condition that the upgraded pay scale should be held

continuously for 10 months] [Auth: Para 6.2 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 27

/2020] preceding his discharge from service.

[Notes: Condition of 10 months service will not be required to be fulfilled by the Personnel Below Officer Rank

who is granted Hony. Commission and who retires on completion of tenure of appointment or is discharged on

account of causes beyond his control.] [Auth: Para 6.2 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008]

[CS- 28 /2020]

(c) where an individual reverts to his substantive rank under the acting promotion rules on

account of his being on sick leave, the period of such reversion, though not count as service in

the higher paid acting rank, will not constitute a break in that acting rank, provided he is

discharged or invalided out [Auth: Typographical error] [CS- 246 /2020] from service or is re-

appointed to the higher paid acting rank, at the end of his sick leave.

(d) Individual, who was re-mustered from a higher to a lower group on being declared

surplus after rendering 15 years or more qualifying service, may be granted, if more favourable

than the pension otherwise admissible, the service pension that would have been admissible

had he been discharged on the date he was declared surplus.

CONDONATION OF DEFICIENCY OF SERVICE IN A PARTICULAR RANK

49. Competent authority may condone a deficiency of service in a particular rank not

exceeding 3 months, except in the case of discharge at his own request on compassionate

ground.

28

RATES OF SERVICE PENSION

50. [Service pension in respect of Personnel Below Officer Rank for 33 years of qualifying service shall be

calculated at 50% of reckonable emoluments for pension. For lesser period of qualifying service including

weightage it shall be reduced proportionately; the amount of service pension finally arrived at shall be subject to

minimum pension admissible under these Regulations.] (a) Service pension shall be calculated at 50% of reckonable emoluments last drawn or average of

reckonable emoluments drawn during last 10 months, whichever is more favourable. [Auth: Para 6.2 of

MoD No.17 (4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 read with para 6.1 of MoD No. 17(02)/2016/(pen/pol)

dated 04.09.2017] [CS- 29 /2020]

(b) (1) The service pension computed as per (a) above shall in no case be less than 50% of the

notional pay in the post 1.1.2006 revised pay structure corresponding to the maximum of pre-1.1.2006

scales of pay including whole of classification allowance last drawn in the rank and group held at the

time of discharge/invalidment. The amount so determined will be the pension for 33 years of

reckonable qualifying service including rank weightage (except TA personnel) of 10 years in the case

of Sepoy, 8 years in the case of Naik, 6 years in the case of Havildar and 5 years in the case of Junior

Commissioned Officers subject to total qualifying service including weightage does not exceeding 30

years in the case of Sepoy, Naik and Havildar and 33 years in the case of Junior Commissioned

Officers. For lesser period of reckonable qualifying service, this amount shall be proportionately

reduced. The amount of pension finally arrived at will be subject to minimum pension admissible under

these Regulations.

Note: - In case of Havildar where actual qualifying service plus weightage of 5 years is more than 30

years, pension shall be calculated for that qualifying service. [Auth: MoD No.

17(4)2008(2)/D(P/P) dated 18.08.2010] [CS- 103 /2020]

(2) Following will also be taken into account for re-computing of pension –

(i) The notional pay in the revised pay structure corresponding to the maximum of the pay

scale of the rank and group held at the time of discharge/invalidment, will be determined

as per the fitment tables attached to SAI 1/S/2008 for each rank and group and will

consist of pay in the pay band, grade pay, ‘X’ Group pay (where applicable), military

Service pay and whole of the classification allowance last drawn, where admissible.

(ii) The highest of such maximum for the rank and group in which discharged/invalided out,

will be reckoned in equivalent rank across the three services for computation of pension.

(iii) In addition to service pension determined as at (i) & (ii) above, Havildars who are

granted Honorary rank of Naib Subedars on retirement, will also be allowed additional

pension of Rs. 226/- equal to the amount of pre revised rate of additional pension of Rs.

100/- pm consolidated on 1.1.2006.

(iv) Notional pay in the revised pay structure in respect of Personnel Below officer Rank

granted pay of higher rank under Assured Career Progression Scheme (ACPS)/Modified

Assured Career Progression Scheme (MACPS) shall be determined with reference to the

rank for which ACPS/MACPS has been granted and the pay drawn at the time of

discharge/invalidment.

(v) The service pension will be determined on the basis of the rank/group last held by the

individual and the pre-revised/revised pay scales connected thereto. [Auth: MoD No. 17(4)2008(2)/D(P/P) dated 18.08.2010] [CS- 104 /2020]

Note 1- The weightage in qualifying service of Sepoy, Naik and havildar has been

increased by two years w.e.f 24.09.2012. Now, the weightage for the purpose of

calculation of Pension in terms of sub Para 2 above for the rank of Sepoy, Naik

and Havildar shall be taken as 12, 10 and 8 years subject to a maximum qualifying

service of 32 years. However, in case, an individual’s qualifying service works out

to be more than 32 years with weightage of 5 years as admissible prior to

01.01.2006, he would continue that benefit and there will be no enhancement of

29

weightage in such case. [Auth: GoI, MoD letter No. 1(15)/2012-D(Pen/Policy) dated

17.01.2013] [CS- 141 /2020]

Note 2- The above provisions shall also be applicable to Post-1.1.2006 JCOs/ORs granted

Honorary Commission as Lieutenant and Captain. This takes effect from

01.01.2006. [Auth: GoI, MoD letter No. 1(15)/2012-D(Pen/Policy) dated 17.01.2013 read with

Mod Letter No.17(4)2008(2)/D(P/P) dated 20.09.2012 & No1(15)/2012/D(Pen/Pol) dated

06.02.2019] [CS- 142 /2020]

(c) The provision contained in para (b) above shall be discontinued w.e.f 01.01.2016. [Auth: Para 6.1 of GOI MoD No. 17(02)/2016/(pen/pol) dated 04.09.2017] [CS- 192 /2020]

[TIME SCALE (TS) NAIK AND HONORARY HAVILDAR WHILE ON THE EFFECTIVE LIST

51. Service pension of Sepoy granted time scale Naik and Naik granted honorary rank of Havildar, shall be

one rupee less of the rate of service pension as admissible for same length of qualifying service of the rank of

Naik and Havildar respectively for the group concerned in which the individual is paid.]

51. Blank. [Auth: Para 6.2 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 read with para 6.1 of MoD

No. 17(02)/2016/(pen/pol) dated 04.09.2017] [CS- 30 /2020]

ADDITION TO SERVICE PENSION TO HONORARY NAIB-SUBEDARS ON RETIREMENT.

52. [Havildar who is granted honorary rank of Naib Subedar on retirement shall be entitled to an additional

pension at the rate of Rs. 100/- per month. The additional pension shall be taken into account for the purpose of

commutation and grant of dearness relief.] Havildar who is granted honorary rank of Naib-Subedar on

retirement after 1st Jan 2006 shall be granted service pension calculated under Regulation 50

with reference to pay fixed notionally in the pay band including higher grade pay/ higher pay

level in pay matrix as a notional promotion from Havildar rank to the higher grade of Naib-

Subedar. [Auth: MoD letter No. 17(4)/2008(1)/D(P/P) dt. 12.06.2009] [CS- 65 /2020]

NOTE: - The retirement gratuity, ordinary family pension, disability element of pension, if

any, etc will however be computed with reference to reckonable emoluments last drawn on the

date of retirement as Havildar. [Auth: MoD letter No. 17(4)/2008(1)/D(P/P) dt. 12.06.2009] [CS- 65 /2020]

DISABILITY ELEMENT FOR DISABILITY AT THE TIME OF DISCHARGE

/RETIREMENT/ON HIS OWN REQUEST

53. (a) An individual released/retired/discharged on completion of terms of engagement or

on completion of service limits or on attaining the prescribed age (irrespective of his period

of engagement), if found suffering from a disability attributable to or aggravated by

military service and so recorded by Release Medical Board, may be granted disability

element in addition to service pension or service gratuity as admissible from

the date of retirement/discharge, if the accepted degree of disability is

assessed at 20 percent or more.

(b) The disability element for 100% disability shall be at the rate laid down in

Regulation 98 (b) below. For disabilities less than 100% but not less than 20%, the above rates

shall be proportionately reduced. Provisions contained in Regulation 98(c) shall not be

applicable for computing disability element. However, where an Armed Forces Personnel

discharge/retire or even voluntary retire on his own request on or after 01.01.2016 with

disability/ war injury attributable to or aggravated by Military service and accepted as 20% or

30

more, provisions of Regulation 98(c) shall be applicable. [Auth: Para 10.1 of GoI, MoD letter No.

17(02) / 2016-D(Pen/Pol) dated 04.09.2017] [CS- 187 /2020]

(c) Armed Forces Personnel who are retained in service despite of disability, which is

accepted as attributable to or aggravated by Military Service and have foregone lump-sum

compensation in lieu of that disability on their retirement/discharge whether voluntary on his

own request or otherwise on or after 01.01.2006 shall be given disability element/war injury

element in addition to Service pension or Retiring/Service Gratuity. [Auth: MoD letter No.

16(5)/2008/D(P/P) dated 29.09.2009] [CS- 70 /2020]

Notes: 1. An individual discharged on fulfilling the terms of his engagement, his unwillingness to continue in service beyond the period of his engagement should not affect his title to the disability element under the provisions of the above Regulation.

Sub-Section-III: Service Gratuity

MINIMUM QUALIFYING SERVICE FOR SERVICE GRATUITY

54. The minimum period of qualifying service actually rendered and required for

earning service gratuity shall be 5 years [without weightage] [Auth: MoD No.17(4)/2008

(2)/D(Pen/Pol) dated 12.11.2008 & MoD No 17(02)/2016/D (P/P) dated 04.09.2017] [CS- 31 /2020]. The

service gratuity shall be admissible only when the individual has not rendered the minimum

qualifying service for earning service pension under these Regulations.

Provided a Personnel Below Officer Rank who is remustered from a higher to a

lower pay group on being rendered surplus after having rendered 5 years or more but less

than 15 years qualifying service and who is discharged in circumstances entitling him to a

service gratuity, will, where more favourable, be granted service gratuity which he had

earned upto the date of being rendered surplus.

RATE OF SERVICE GRATUITY

55. The service gratuity shall be admissible at a uniform rate of half a month’s

reckonable emoluments last drawn, by the individual for each completed 6 monthly period

of qualifying service. There shall be no reduction in the quantum of service gratuity so

arrived at, in respect of those who are permitted to be discharged prematurely on

compassionate grounds/personal reasons.

Sub-Section-IV: Special Pension and Gratuity

WHEN ADMISSIBLE

56. Special pension and gratuity sanctioned to Personnel Below Officer Rank

discharged in large number in pursuance of the Government policy –

31

(i) of reducing the strength of establishment of the Armed Forces; or

(ii) of re-organisation, which results in disbandment/laying off of any

Unit/Formation/establishment,

shall be admissible at the following rates. [Length of actual qualifying service rendered Scale of special pension/gratuity (a) Special Pension

(i) 15 years or more Equal to normal service pension

(ii) 10 years or more but less than 15 years

Equal to the service pension determined as under:-

For 33 years qualifying service, service pension shall be

calculated at 50% of the reckonable emoluments and for

lesser period of qualifying service it shall be reduced

proportionately. Weightage as admissible shall be added to

the qualifying service actually rendered.]

(a) Special Pension (i) Minimum service required for grant of special pension shall be 10 years. Where qualifying

service is less than 10 years, special gratuity will be admissible as in clause (b) below.

(ii) Special pension will be calculated as service pension under regulation 50. [Auth: MoD No.

16(6)/2008 (2) /D (Pen/Pol) Dt. 05.05.2009 read with MoD No.17(4)/2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS-

50 /2020]

(b) Special Gratuity Length of actual qualifying Service rendered

Scale of special gratuity

(i) 5 years or more but less than

10 years

Equal to 1⅓ month reckonable emoluments

for each completed year of qualifying

service.

(ii) Less than 5 years Equal to 3 months reckonable emoluments.

RANK FOR ASSESSMENT OF SPECIAL PENSION

57. Special pension shall be assessed on the substantive or paid acting rank and group

actually held by an individual on the date of discharge.

32

CHAPTER - III

CASUALITY PENSIONARY AWARDS WHEN CAUSE OF INVALIDMENT

FROM SERVICE OR DEATH IS NEITHER ATTRIBUTABLE TO NOR

AGGRAVATED BY MILITARY SERVICE

SECTION – 1: Invalid Pension and Invalid Gratuity

WHEN ADMISSIBILE

58. (a) An invalid pension or invalid gratuity in accordance with the Regulations in this

Section may be granted to Service personnel invalided out of service on account of a

disability incurred in the circumstances mentioned in Category A of Regulation 82 of these

Regulations.

(b) A low medical category personnel who is retired/discharged from service for want

of alternative employment compatible with his low medical category shall also be eligible for

invalid pension or invalid gratuity where disability is neither attributable to nor aggravated by

military service. [Auth: MoD No. 16(6)/2008 (2)/D (Pen/Pol) Dt. 05.05.2009 read with MoD No.1(2)/97/I/

D(Pen-C) dated 31.01.2001] [CS- 51 /2020]

(c) Personnel below officer rank who is invalided out of service in consequence of any

disorder (including insanity) resulting from indulgence in drugs or drinks which was within

his control will be eligible for invalid pension/gratuity. Orders of the competent authority

under Regulation 8 of these Regulations shall, however, be obtained in each case.

MINIMUM QUALIFYING SERVICE

59. The minimum period of qualifying service actually rendered and required for

invalid pension is 10 years or more. For less than 10 years’ qualifying service, and

where inval id pension i s not admissible , invalid gratuity shall be admissible.

However, Invalid Pension is also admissible to Armed Forces Personnel who

were/are in service on or after 04.01.2019, with less than 10 years of qualifying service in

cases where personnel are invalided out of service on account of any bodily or mental

infirmity which is Neither Attributable to Nor Aggravated by Military Service and which

permanently incapacitates them from military service as well as civil re-employment.

(Auth. MoD letter No.12(06)/2019/D(Pen/Pol) dated 16.07.2020.

SCALE OF INVALID PENSION AND INVALID GRATUITY

60. The scale of invalid pension and invalid gratuity payable to service personnel shall

be as under:-

(a) Invalid Pension

[ (i) Officer

Length of Service Scale of invalid pension

(i) 20 year or more Retiring pension as admissible under normal rules.

(ii)10 years or more but less than 20 years Invalid pension equal to service element of

disability pension as admissible under Regulation 94(a) of

these Regulations.

33

(ii) Personnel Below Officer Rank

Length of Service Scale of invalid pension/ invalid gratuity

15 years or more Service pension as admissible under normal rules.

10 years or more but less than15 years

Invalid pension equal to service element of disability pension

as admissible under Regulation 98(a) (ii) of these

Regulations]

Invalid pension to service personnel shall be calculated as for retiring pension under regulation

36 in respect of officers and service pension under regulation 50 in respect of personnel below officer

rank. [Auth: MoD No. 16(6)/2008 (2)/D (Pen/Pol) Dt. 05.05.2009 read with MoD No.17(4)/2008 (2)/D(Pen/Pol)

dated 12.11.2008] [CS- 52 /2020]

Note: Individual, who was re-mustered from a higher to a lower group on being declared

surplus after rendering 15 years or more qualifying service, may be granted, if more

favourable than the pension otherwise admissible, the invalid pension that would have

been admissible had he been discharged on the date he was declared surplus.

(b) Invalid gratuity

Service personnel who have rendered actual service of less than 10 years and have

retired before 04.1.2019 or retired on or after 04.01.2019 and are fit for civil re-emplyment,

shall be paid invalid gratuity at the scale of half month’s reckonable emoluments

for each completed 6 monthly period of qualifying service.

INVALID GRATUITY TO RECRUITS AND BOYS

61. Recruits and boys will be eligible for invalid Gratuity at the rates and under the conditions

applicable to a Sepoy of the [Auth: Typographical error] [CS- 247 /2020] lowest group.

SECTION-2: Ordinary Family Pension

LIMITATION OF APPLICATION

62. These Regulations shall not apply to the following:

(i) Members of the National Cadet Corps, Auxiliary Cadet Corps and Lok

Sahayak Sena other than the service personnel serving in the instructional

staff.

(ii) Members of the Territorial Army other than those who die while rendering

"Embodied Service” or after retirement with pension under these

Regulations.

(iii) Individual who is executed on being convicted to a death sentence awarded

by competent court.

ORDINARY FAMILY PENSION WHEN ADMISSIBLE

63. Where service personnel dies in the circumstances mentioned in the Category A of

the Regulation 82 of these Regulations:

(i) Either while in service, provided he had been found fit after successful

34

completion of the requisite training and medical examination for

Commission, or at the time of enrolment in the case of Personnel Below

Officer Rank; or

(ii) After release/ retirement/discharge /invalidment with a pension of any kind

under these Regulations,

the family of the deceased shall be entitled to ordinary family pension under these

Regulations

RATE OF ORDINARY FAMILY PENSION

64. (a) Normal Rate

The ordinary family pension shall be calculated at a uniform rate of 30% of

reckonable emoluments subject to a minimum of pension fixed by the Government from

time to time and a maximum of 30% of the highest pay in the Armed Forces.

(b) Enhanced Rate

[Where service personnel who dies while in service after having rendered not less than 7 years

continuous qualifying service, or who dies after release/retirement/discharge/ invalidment with a pension,

ordinary family pension shall be granted at an enhanced rate for a period of 7 years from the date following the

date of death of the service personnel or upto the date on which the deceased would have attained the age of 67

years “(65 years in case 2 years extension in service not allowed by Screening Board)”, had he been alive,

whichever is earlier

The amount of enhanced ordinary family pension for this period shall be the lowest of the following amounts:

(i) 50% of the reckonable emoluments.

(ii) The amount of any kind of pension (before commutation) admissible under these Regulations in

case where the deceased was a pensioner.

Provided that where the amount of pension authorized on retirement/discharge /invalidment is less than

the amount of ordinary family pension at normal rate, the amount of ordinary family pension shall by limited to

normal rate as at (a) above. After the expiry of the period, the family in receipt of enhanced rate of ordinary

family pension shall be entitled to normal rate of ordinary family pension.]

(i) Where service personnel dies on or after 01.01.2006 while in service after having

rendered not less than seven years continuous service, the rate of family pension payable

to the family shall be equal to 50 per cent of the emoluments last drawn and the amount

so admissible shall be payable from the date following the date of death of the

Government servant for a period of ten years. With effect from 01.10.2019 “after having

rendered not less than seven years continuous service” stands deleted. (Auth. MoD letter

No. 14(02)/2019/D(Pen/Pol) dated 05.10.2020. Where an Armed Forces Personnel died

within ten years before 01.10.2019 without completing continuous service of seven

years, his family shall be eligible for ordinary family pension at enhanced rate as per

this regulation with effect from 01.10.2019 subject to fulfillment of other conditions for

grant of Ordinary family Pension.

(ii) In the event of death of service personnel having rendered not less than seven years

continuous service, after retirement / discharge/ invalidment with a pension, the ordinary

family pension as determined under sub-clause (i) shall be payable for a period of seven

years, or for a period up to the date on which the retired/ discharged/ invalided deceased

service personnel would have attained the age of 67 years had he been alive, whichever

is earlier. With effect from 01.10.2019 “after having rendered not less than seven years

continuous service” stands deleted. (Auth. MoD letter No. 14(02)/2019/D(Pen/Pol) dated

05.10.2020

35

[Auth: Para 11.4 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 read with MoD ID No.

2338/(Pen/Pol)/2015 dated 11.11.2019] [CS- 32 /2020]

Notes: 1. The period of continuous service does not include period of suspension, if any.

2. Where broken periods of existing/former service have been allowed to count for

pension/gratuity, the entire service will be treated as continuous qualifying

service for the purpose of grant of enhanced rate of ordinary family pension.

3. The ordinary family pension in respect of an individual, who was remustered

from a higher to a lower group on being declared surplus after rendering 15

years or more qualifying service, may be assessed, where more favourable than

the awards otherwise admissible, on emoluments drawn in the rank and group

held on the date he was declared surplus.

4. The enhanced and normal rate of Ordinary family pension of post- 1.1.2006

JCOs/ ORs, shall in no case be less than 100% and 60% respectively of the

service pension determined in terms of sub para (b) of Regulation 50 of this

regulation . This provision takes effect from 24.09.2012. [Auth: GoI, MoD letter No.

1(15)/2012-D(Pen/Policy) dated 17.01.2013] [CS- 143 /2020]

REDUCTION IN ORDINARY FAMILY PENSION

65. (a) If the death of a service personnel or pensioner is wholly or partly due to his

serious negligence or misconduct, ordinary family pension shall not be reduced.

(b) No reduction in ordinary family pension shall be made even if a cut was

imposed in the pension of the individual whose death gives rise to the claim for Ordinary

Family Pension.

(c) No reduction in ordinary family pension shall be made on account of any

compensation [payable] paid [Auth: Typographical error] [CS- 214 /2020] from public revenues for

death of the individual.

DEFINITION OF FAMILY

66. Family for the purpose of Regulations in this Section shall consist of the following:

(i) Wife in the case of male service personnel or husband in the case of female

service personnel lawfully married before or after retirement.

(ii) A judicially separated wife or husband, such separation not being granted

on the ground of adultery and the person surviving was not held guilty of

committing adultery.

(iii) Unmarried daughters / unmarried sons (including those legally

adopted), widowed/divorced daughters.

(iv) Parents who were wholly dependent on the service personnel when he was

alive.

36

(V) Dependent disabled siblings (i.e. brothers / sisters) of a service personnel. [Auth: MoD No. PN/7995/D(P/P)/2010 dt. 01.10.2010] [CS- 106 /2020]

Note: 1- Eligible son/ daughter includes a posthumous child.

Note: 2- In case Service personnel [get] [delete Auth: Typographical error] [CS- 327 /2020]

marries after release / retirement /discharge/invalidment, the marriage should

be registered with the Registrar of the Marriages or other competent authority

under the relevant law. In case where such marriage is not registered for some

valid reasons, an affidavit sworn before a Magistrate or legal heirship

certificate can be furnished.

Note: 3- Widowed/divorced daughter including disabled widowed/divorced daughter

[need not] shall not be required to [Auth: Typographical error] [CS- 328 /2020] come back

to her parental home. Family pension to a widowed/divorced daughter shall be

payable provided she fulfils all eligibility conditions at the time of death/

ineligibility of her parents and on the date of her turn to receive family pension

comes. [Auth: GoI, MoD ID No. 1(9)/2013/D(Pen/Pol) dated 16.09.2015 read with P&PW OM

No. 1/13/09-P&PW(E ) dated 28.04.2011] [CS- 165 /2020]

Note: 4- Child/children born out of the [vaid] void [Auth: Typographical error] [CS- 201 /2020]

marriage shall be entitled to share of ordinary family pension, if otherwise

eligible, though their mother would not have been eligible for the same had

she been alive at the time of death of her husband on account of marriage being

null and void.

Note 5: Children who are dependent on the Government servant/pensioner or his/her spouse

ie. not earning equal to or more than the sum of minimum family pension and

dearness relief thereon and meet other conditions of eligibility for family pension at

the time of death of the Government servant or his/her spouse, whichever is later,

shall be eligible for family pension. If two or more children are eligible for family

pension at that time, family pension will be payable to each child on his/her turn

provided he/she is still eligible for family pension when the turn comes. [Auth: GoI,

MoD ID No. 1(9)/2013/D(Pen/Pol) dated 16.09.2015 read with P&PW OM No. 1/13/09-P&PW(E )

dated 11.09.2013.] [CS- 166 /2020]

Note 6 : Family pension to a divorced daughter shall be commenced from the date of divorce

where the divorce proceedings had been filed during the life time of the

employee/pensioner or his/her spouse in a competent court but divorce took place

after their death provided the claimant fulfils all other conditions for grant of family

pension. [Auth: GoI, MoD letter No. 1(9)/2013-D(Pen/Policy) dated 17.11.2017.] [CS- 193 /2020]

Note 7 : Family pension admissible to a beneficiary in respect of one deceased employee/

pensioner is not to be counted as income for the purpose of determination of another

family pension which is admissible in connection with another deceased employee/

pensioner. [Auth: Noting 7 on File no. 14(1)/2013/ D(Pen/ Pol) read with Deptt of P &PW letter

No. 1/11/2011-P&PW(E )dated 30.11.2011] [CS- 146 /2020]

CATEGORY OF FAMILY FOR FAMILY PENSION

66-A For the purpose of grant of family pension, the 'Family' shall be categorized as under: CATEGORY-I

a) Widow or widower, up to the date of death or re-marriage, whichever is

earlier,

37

b) Son/daughter (including widowed daughter) up to the date of his/her

marriage/re-marriage or till the date he/she starts earning or till the age of 25

years, whichever is earlier.

CATEGORY-II

c) Unmarried/Widowed/Divorced daughter, not covered by Category I above, up

to the date of marriage/re-marriage or till the date she starts earning or up to

the date of death, whichever is earlier.

d) Parents who were wholly dependent on the Armed Forces Personnel when

he/she was alive provided the deceased personnel had left behind neither a

widow nor a child.

e) Disabled siblings (brothers/sisters) who were wholly dependent on service

personnel immediately before his/her death.

Family pension to dependent parents, unmarried/divorced /widowed daughter will

continue till the date of death.

Family pension to unmarried/widowed/divorced daughters in Category - II and dependent

parents shall be payable only after the other eligible family members in Category-I have

ceased to be eligible to receive family pension and there is no disabled child to received the

family pension. Grant of family pension to children in respective categories shall be payable in

order of their date of birth and younger of them will not be eligible for family pension unless

the next above him/her has become ineligible for grant of family pension in that category. [Auth: Para 11.1 of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 & MoD No. PN/7995/ D(P/P)/2010

dt. 01.10.2010.] [CS- 33 /2020]

PERIOD FOR WHICH ORDINARY FAMILY PENSION PAYABLE

67. (a) The period for which ordinary family pension is payable shall be as follows: -

(i) In case of a widow or widower upto the date of death or re-marriage, [Auth:

Typographical error] [CS- 248 /2020] whichever is earlier.

(ii) In the case of eligible unmarried son, till he attains the age of 25 years or upto the

date of his marriage, whichever is earlier and subject to income criteria as given in

Note-2 below:

(iii) In the case of eligible daughter, till she attains the age of 25 years or upto the date

of her marriage, whichever is earlier and subject to income criteria is given in

Note-2 below.

Provided that a unmarried daughter above the age of 25 years, a widowed/divorced

daughter irrespective of her age and son or daughter who is suffering from any disorder or

disability of mind including mentally retarded or physically crippled or disabled so as [to

render him or her unable to earn a living] unable to earn his or her livelihood [Auth: Typographical

ertror] [CS- 34 /2020] even after attaining the age of 25 years, the family pension shall be

payable to such son or daughter for life.

(iv) Disabled siblings (brothers/sisters) who were wholly dependent on service

personnel immediately before his/her death in the same manner and following the

same disability criteria as per Regulation 69.

Family pension to unmarried/divorced/widowed daughter/ dependent parents and

disabled siblings will continue till the date of death. [Auth: MoD No. PN/7995/D(P/P)/2010 dt.

01.10.2010] [CS- 35 /2020] (b) The childless widow of a deceased personnel shall continue to be paid family

pension even after her re-marriage subject to the condition that the family pension shall cease

38

once her independent income from all other sources becomes equal to or higher than the

minimum prescribed family pension and the dearness relief admissible there on. The family

pensioner in such cases would be required to give a declaration regarding her income from

other sources to the pension disbursing authority in every six month. [Auth: Para 11.3 of MoD

No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 36 /2020]

The childless widow of a deceased employee who expired before 1.1.2006 shall also

be eligible for family pension irrespective of the fact that the remarriage of the widow has

taken place prior to/on or after 1.1.2006 subject to fulfillment of other conditions. The

financial benefits in such cases has, however, been allowed from 1.1.2006. [Auth: MoD letter No.

1(6)/2011/D(P/P) dated 06.01.2012 & 17.01.2012] [CS- 110 /2020]

NOTE: 1 Eligible son/daughter and dependent disabled siblings shall furnish to his Pension

Disbursing Authority a half yearly certificate in regard to marital status.

[NOTE: 2 Eligible son/daughter including widowed /divorced daughter shall be paid ordinary family pension

if his/her earning is not more than Rs. 2550/- per month from all sources including pay and or

pension. He will also submit annually a certificate to the effect that his earning is not more than

Rs. 2550/- per month to his Pension Disbursing Authority.]

NOTE: 2 Eligible son/daughter including widowed /divorced daughter/ childless widow/

dependent parents & dependent disabled siblings shall be paid ordinary family

pension if his/her earning from all sources including pay and or pension or self

employment is not more than minimum family pension along with dearness relief

thereon subject to condition of Note 7 of Regulation 66 above. He/she or

guardian, as the case may be, will submit certificate once in a year to the above

effect to the Pension Disbursing Authority. [Auth: Para 11.2 of MoD No.17(4)/ 2008

(2)/D(Pen/Pol) dated 12.11.2008 read with para 2 of MoD letter no B/38207/AG/PS-4

(b)/931/B/D/(Pen/Ser) dated 26.08.1998] [CS- 37 /2020]

NOTE 3 Only those children who are dependent and meet other conditions of eligibility for

family pension at the time of death of the Government servant or his/her spouse,

whichever is later, are eligible for family pension. A disabled child may be

eligible for family pension provided he/she fulfils all eligibility conditions at the

time of death/ineligibility of her parents and on the date her turn to receive family

pension comes for determining the eligibility. [Auth: GoI, MoD ID No. 1(11)/2013-

D(Pen/Pol) dated 13.11.2013] [CS- 148 /2020]

Note-4: Even if such a disabled child acquires the disability after the age of 25 years, he/she

would be eligible for family pension for life subject to fulfillment of other conditions. [Auth: GoI, MoD ID No. 1(11)/2013-D(Pen/Pol) dated 13.11.2013] [CS- 149 /2020]

ORDINARY FAMILY PENSION TO ONLY ONE MEMBER OF A FAMILY

68. (a) Except as provided in Regulation 71 below, the ordinary family pension shall

not be payable to more than one member of the family at the same time.

(b)The ordinary family pension shall first be payable to the surviving spouse and in

her/his absence or in the event of his disqualification or death, to the eligible child in the

order of birth irrespective of the sex of the child and the younger of them will not be

eligible for family pension unless the elder above [him] her/his [Auth: Typographical error] [CS-

329 /2020] becomes ineligible for the grant of ordinary family pension.

(c) Where the ordinary family pension is payable to twin children, it shall be paid

to such children in equal shares.

39

Provided that when one such child ceases to be eligible, his share shall revert to

the other child and when both of them cease to be eligible, the ordinary family pension

shall be payable to the next eligible single child/twin children.

(d) Ordinary family pension to unmarried daughter above 25 years of age,widowed/

divorced daughter, shall be payable only after the other eligible children below the age of 25 years,

have ceased to be eligible to receive family pension and there is no disabled child to receive the

family pension.

ORDINARY FAMILY PENSION TO PHYSICALLY/MENTALLY

HANDICAPPED CHILDREN

69. (a) If a son or daughter is suffering from any disorder or disability of mind

including mentally retarded or is physically crippled or disabled so as to render him/her

unable to earn a living even after attaining the age of 25 years, the ordinary family pension

shall be payable to the child for life in the order as set out in Regulation 68 of these

Regulations and also subject to the following conditions:

(i) The ordinary family pension shall be paid to such son or daughter through the

guardian as if he or she was a minor except in the case of the physically

crippled or disabled son/daughter who has attained the age of majority.

However, in the case of a mentally retarded son or daughter, the family pension

shall be payable to a person nominated by the service personnel/pensioner, as

the case may be, and in case no such nomination has been furnished to the

Army Head Quarters/Record Office by such service personnel or pensioner

during his life time, to the person nominated by the spouse of such service

personnel or family pensioner, as the case may be, later on.

(ii) If such son or daughter is one among two or more children, the family pension

shall be initially payable to the children in the order set out in Regulation 68

until the last minor child attains the age of 25, and thereafter the family pension

shall be resumed in favour of son or daughter, who is physically crippled or

disabled and shall be payable to him/her for life.

(iii) if there are more than one such son or daughter suffering from disorder or

disability of mind including mentally retarded or who are physically crippled or

disabled, the family pension shall be paid in the order of their birth and the

younger of them will get the family pension only after the elder, next above

him/her ceases to be eligible.

(b) Before allowing the ordinary family pension for life to any such son or daughter,

the appointing authority shall satisfy himself that the handicap is of such a nature so as to

prevent him/her from earning his livelihood and the same shall be evidenced by a

certificate obtained from a Medical Board comprising of a Medical Superintendent or a

Principal or a Director or Head of the Institution or his nominee as Chairman and 2 other

members, out of which at least one shall be a Specialist in the particular area of mental or

physical disability including mental retardation, setting out as far as possible, the exact

mental or physical condition of the child in the prescribed medical certificate as at

Appendix III-A to these Regulations. [Auth: MoD No.906-A-D (Pen/Ser)/05 dated 13.08.2008] [CS-

07 /2020]

40

(c) The person receiving the ordinary family pension as a guardian of such son or

daughter or such son or daughter not receiving the ordinary family pension through

guardian, shall produce a certificate from a Medical Board of aforesaid composition, if the

disability is permanent and if the disability is temporary, once in every 5 year, to the effect

that he/she continues to suffer from disorder or disability of mind or continues to be

physically crippled or disabled.

Note: A certificate of guardianship issued in respect of person with Autism, Cerebral

Palsy, Mental retardation and multiple disabilities issued under National Trust

Act by local level Committee is acceptable.

(d) If the marriage of the disabled daughter is legally annulled, she would be

eligible for family pension for life from the date of her marriage stands annulled, subject to

the following conditions:-

(i) Divorce is valid in law.

(ii) Divorced daughter shall not be required to come back to parent’s

home.

(iii) Disability is certified by an appropriate authority as required under

this Regulation.

(e) The disabled widowed daughter shall be eligible for ordinary family pension for

life from the date of death of her husband even after attaining the age of 25 years of age

subject to all other conditions prescribed in the case of son/daughter.

Explanations:

1. For the purpose of grant of ordinary family pension under this Regulation, the

disability that manifests itself before or after the retirement or death of the service

personnel shall be taken into account. This benefit will also be admissible to the

eligible disabled children whether born before or after retirement.

[2. A disabled son/daughter shall become ineligible for ordinary family pension under this

Regulation from the date he/she gets married.] Explanations No. 2 of Regulation 69(e) may be deleted w.e.f.

24.09.2012. [Auth: GoI, MoD letter No. 02(03)/2010-D(Pen/Policy) dated 17.01.2013] [CS- 137 /2020]

3. Ordinary family pension payable under this Regulation shall be stopped from

the date of earning [more than Rs. 2550/- per month] equal to minimum ordinary family

pension along with dearness relief there on as sanctioned from time to time [Auth: Mod

letter No. 1(22)/2009/D(Pen-Legal) dated 16.12.2009] [CS- 80 /2020]from any source. It shall be the

duty of the guardian or son or daughter to furnish a certificate to the Pension Disbursing

Authority, annually to the effect that he/she fulfills the income criteria as prescribed by

the Government from time to time. [(ii) he/she has not yet married.] [Auth: GoI, MoD letter No. 02(03)/2010-D(Pen/Policy) dated

17.01.2013] [CS- 139 /2020]

4. The divorced /widowed daughters shall not be required to come back to parental home to become eligible.

ORDINARY FAMILY PENSION TO PARENTS

70. [Parents who were wholly dependant on the service personnel when he was alive, provided the

deceased had left behind neither a widow nor a child may be granted ordinary family pension for life at

normal rate as admissible under Regulation 64 (a) of these Regulations subject to the condition that their

41

earning is not more that Rs. 2550/- per month from all sources including pay, pension for self employment.] In the case deceased Armed Force Personnel is not survived by a widow/ widower

or a child, the dependent parents become directly eligible to receive family pension. In case

where a deceased Armed Force Personnel is survived by a widow/ widower or child and

position changes subsequently because of death or remarriage of the spouse and / or death

or ineligibility of child/ children including disabled child, the dependent parents will

become eligible for family pension. However, a childless widow, subject to dependency

criteria is entitled to the family pension even after remarriage. In such an event, the parents

of the deceased Armed Force Personnel become entitled to the family pension at normal

rate as admissible under Regulation 64 (a) of these Regulations only after the childless

widow dies or when her independent income from all sources becomes equal to or higher

than prescribed dependency criteria under the rules. [Auth: MoD letter No. PC-

1(2)/2012/D(P/Pdated 15.05.2012] [CS- 121 /2020]

Note-1. Mother will receive ordinary family pension first and after her death, father will

be re-granted family pension. A mother who becomes widow has not re-married

remains eligible.

2. Income criteria shall be taken into account for both parents when both are alive.

RESTORATION OF WITHHELD PORTION OF ORDINARY FAMILY PENSION

TO WIDOW OF ESM IN NEPAL.

70-A In plural marriage cases of Nepalese, where the portion of family pension is held up

due to non availability of documents to prove the widow whose name recorded in sheet roll is

dead/eloped more than seven years, sanction is given for the restoration of family pension

with the following conditions.

(i) In all such cases Assistant Military Attachee records in the IE Nepal will carry out detailed

investigation in each case, including consultation with reputed persons/public authorities from

the village of the deceased soldier, regarding existence or otherwise of the other widow whose

name is recorded in service documents but whose whereabouts are not known for the last

seven years, in order to establish that the claimant for 100% restoration of family pension is

the only surviving and genuine widow.

(ii) After conclusion of the investigation of the investigation, the MA records, IE, Nepal,

Kathmandu will prepare a statement of case in each case and will forward the same to PCDA

(P) Allahabad allongwith his recommendation and supported with the following documents:-

(1) Investigation report as at (i) above.

(2) An affidavit from the claimant duly affirmed before the Chief District Officer (CDO) and

witnessed by 2 senior Indian Army Pensioners not below the rank of JCOs, stating that she is

the only surviving widow and no other legal claimants either alive or eligible and that she

undertakes to refund the entire amount of 50% share of family pension received by her in case

eligible claimant reports for claiming Ordinary Family Pension at a later stage.

(3) A certificate from Chief District Officer after due verification by him to the effect that no

other legal widow is alive to claim 50% portion of the family pension except the claimant.

The documents as at (2) & (3) above may be countersigned by MA/AMA Records, IE

Nepal, and Kathmandu. However, such case may be re-investigated at ground level, it may

42

not be done only on basis of documents produced by the claimant. Legal heirship certificate

issued by competent authority may be taken from the claimant, if necessary.

In case any other widow reports later-on, i.e. after sanction of family pension to the

claimant by following the above procedure, the pension may be divided again proportionately

if the claimant’s genuineness is established. [Auth: GoI, MoD letter No. 8(01)/2007-D(Pen/Pol)(Vol.III)

dated 23.08.2012] [CS- 122 /2020]

Applicability of MULUKIN-AIN vis a vis Grant of Family Pension to Nepalese

Domiciled Pensioners.

70-B The marriage between male & female in Nepal solemnized during the period between

13th August 1976 to 26th September 2001, where the age difference between spouses was 20

years or more, attracted only punishment to spouses, but such marriages were not treated as

“Void” or illegal”. As such the status of wife remains that of a legal wife and hence such

widows cannot be denied family pension. [Auth: GoI, MoD ID No. 12(27)/2012-D(Pen/Pol) dated

26.09.2012] [CS- 124 /2020]

DIVISION OF ORDINARY FAMILY PENSION

71. (a) If service personnel leave behind two or more widows who are eligible for an

ordinary family pension, the pension shall be divided amongst them in equal share. On the

death of widow, her share of ordinary family pension shall become payable to her eligible

child.

Provided that if the widow is not survived by any child, her share of the family

pension shall not lapse but shall be payable to the other widows in equal share, or if there

is only one such other widow, in full to her.

(b)Where a deceased is survived by a widow and has also left behind eligible

child/children from another wife who is not alive, the eligible child of the deceased wife

shall be entitled to the share of ordinary family pension which the mother would have

received if she had been alive at the time of death of the service personnel/pensioner.

Provided that the share or shares of family pension payable to such a child or

children or to a widow or widows ceasing to be payable, such share or shares shall not

lapse but shall be payable to the other widow or widows and or to other child or children

otherwise eligible, in equal shares, or if there is only one widow or child, in full to such

widow or child.

(c) Where the deceased is survived by a widow but has left behind eligible

child/children from a divorced wife or wives, the eligible child or children shall be entitled

to the share of family pension which the mother would have received at the time of the

death of the service personnel had she not been so divorced.

Provided that the share or shares of family pension payable to such a child or

children or to a widow or widows ceasing to be payable, such share or shares shall not

lapse but shall be payable to the other widow or widows and or to other child or children

otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such

widow or child.

43

Note: Children born out of void marriage in terms of Section 11 of Hindu Marriage Act,

1955 shall be entitled to share of the ordinary family pension, if otherwise admissible,

though their mother would not have been eligible for the same, had she been alive at

the time of death of her husband, on account of her marriage being null and void under

the above said Section.

GRANT OF ORDINARY FAMILY PENSION IF BOTH WIFE AND HUSBAND

GOVERNMENT EMPLOYEES

72. (a) In case where both husband and wife are Government servants and if one of the

two dies while in service or after retirement with a pension, the ordinary family pension in

respect of the deceased shall be payable to the widow/widower in addition to his pay or

pension, as the case may be.

(b) In the event of death of both father and mother who were service personnel or

one of them a Government employee, the surviving children shall be eligible to draw both

the ordinary family pensions in respect of the deceased parents subject to the limits

specified below:

(i) If both the ordinary family pensions are payable at the normal rates

specified in the Regulation 64(a) the amount of the two pensions shall

be limited to [Rs. 9000/-] 30% of the highest pay in the Goverment [Auth:

MoD No. B/38278/FPS /AG /PS-5/815/A(Pen /Ser)/2005 dated 07.03.2006 read with Para 8.2 of

GoI, MoD letter No. 17(02)/2016-D(Pen/Pol) dated 04.09.2017] [CS- 189 /2020]per month.

(ii) If both the ordinary family pensions are payable at the enhanced rates

specified in Regulation 64(b), the amount of both the pensions shall be

limited to [Rs. 15000/-] 50% of the highest pay in the Goverment [Auth: MoD

No. B/38278/FPS /AG /PS-5/815/A(Pen /Ser)/2005 dated 07.03.2006 read with Para 8.2 of GoI,

MoD letter No. 17(02)/2016-D(Pen/Pol) dated 04.09.2017] [CS- 190 /2020]per month, and

shall continue to be applicable so long as the enhanced rates of either of

the two pensions is payable.

ORDINARY FAMILY PENSION TO A JUDICIALLY SEPARATED SPOUSE

WITH NO ELIGIBLE CHILD

73. Where service personnel dies leaving behind a judicially separated spouse with no

eligible child, the ordinary family pension in respect of the deceased shall be payable to the

surviving spouse.

Provided that where in a case the judicial separation is granted on the ground of

adultery and the death of the individual takes place during the period of such judicial

separation, the ordinary family pension shall not be payable to the surviving spouse if such

surviving person was held guilty of committing adultery.

ORDINARY FAMILY PENSION TO A JUDICIALLY SEPARATED SPOUSE

WITH AN ELIGIBLE CHILD

74. (a)Where Service personnel dies leaving behind a judicially separated spouse with

an eligible child/children, the ordinary family pension payable in respect of the deceased,

44

shall be payable to the surviving spouse provided he is the guardian of such child.

Note: The term ‘guardian’ includes natural guardian so long he/she maintains the

child/children.

(b)Where the surviving spouse has ceased to be the guardian of such child/children,

such ordinary family pension shall be payable to the person who is the actual guardian of

such child/children.

(c) When child/children cease to be eligible for family pension, payment of

ordinary family pension shall be allowed to Judicially separated spouse.

ORDINARY FAMILY PENSION WHEN A MEMBER OF THE FAMILY

CHARGED WITH OFFENCE OF MURDERING THE SERVICE PERSONNEL

75. (a) If an eligible member who in the event of death of service personnel while in

service, is eligible to receive ordinary family pension under these Regulations, is charged

with the offence of murdering the service personnel or for abetting in the commission of

such an offence, the claim of such a person including other eligible member or members of

the family to receive ordinary family pension, shall remain suspended till the conclusion of

the criminal proceedings instituted against him.

(b) If on the conclusion of the criminal proceedings referred to in clause (a) above,

the eligible member concerned -

(i) is convicted of the murder or abetting in the murder of the service

personnel, such an eligible member shall be debarred from receiving the

ordinary family pension which shall be payable to other eligible member of

the family from the date following the date of death of the service

personnel.

(ii) is acquitted of the charge of murder or abetting in the murder of the service

personnel, the ordinary family pension shall be payable to such an eligible

member from the date following the date of death of the service personnel.

(c) The provisions of clauses (a) and (b) above, shall also apply to the ordinary

family pension becoming payable on the death of service personnel after his retirement.

ORDINARY FAMILY PENSION IN CASE OF SUICIDE

76. Family of service personnel/pensioner, who commit suicide, shall be eligible for

pensionary benefits as detailed in these Regulations.

FAMILY PENSIONARY AWARD IN CASE OF MISSING SERVICE

PERSONNEL / PENSIONER

77. [Where service personnel is reported missing while in service or as a pensioner and whose where

about are not known, his family shall be paid, [one year] six months after the date of lodging the First

Information Report, ordinary family pension as admissible under Regulation 64 in the normal conditions.

However, ordinary family pension will accrue from the date of lodging the FIR or expiry of leave of the

individual who has disappeared, whichever is later. [Auth: MoD letter No. 1(1)2010/D(P/P) dated 15.02.2011]

Note:- In case of missing family pensioner, family pension will be granted to the next eligible member in the

family subject to fulfilment of conditions. [Auth: MoD letter No. 1(1)/2012/D(P/P) dated 05.06.2013]]

In the case of a missing Armed Forces Personnel, the family pension, at the ordinary

45

or enhanced rate, as applicable under Regulation 64 in normal conditions, will accrue from

the expiry of leave or the date up to which pay and allowances have been paid or the date of

the police report, whichever is later.

In the case of a missing pensioner/family pensioner, it will accrue from the date of

the police report or from the date immediately succeeding the date till which pension/family

pension had been paid, whichever is later.

In case of a missing Armed Forces Personnel/pensioner/family pensioner, the family can

apply for the grant of family pension after six months from the date of lodging of police report, with

a certificate from police authority that he has not been traced despite all effort made by them and an

Indemnity Bond that all payment will be adjusted against payment due to the Armed Forces

Personnel/ pensioner /family pensioner in case she/he appears on the scene and make any claim.[Auth: GoI, MoD letter No. 1(1)/2010/D(P/P) dated 23.12.2014] [CS- 151 /2020]

NOTE-1: Missing Armed Forces Personnel/ Pensioners/Family Pensioners includes those kidnapped

by insurgent/terrorist but does not includes those who disappear after committing frauds/crime

/desertion etc. [Auth: GoI, MoD letter No. 1(1)/2010/D(P/P) dated 23.12.2014] [CS- 152 /2020]

Note-2: In case of missing family pensioner, family pension will be granted to the next eligible

member in the family subject to fulfillment of conditions. No arrear on this account shall be paid

prior to 02.01.2012. [Auth: MoD letter No. 1(1)/2012/D(P/P) dated 05.06.2013] [CS- 145 /2020]

ORDINARY FAMILY PENSION FROM ONLY ONE SOURCE

78. Ordinary family pension admissible under these Regulations shall not be granted to

an eligible member who is already in receipt of family pension in respect of the same

person or is eligible therefore under any other Rules of the Central Government or a State

Government and /or Public Sector Undertaking/Autonomous Body/Local Fund under

Central or a State Government.

Provided that a member who is eligible for ordinary family pension under these

Regulations, may opt to receive ordinary family pension under these Regulations, if he

foregoes family pension admissible from any other source.

Provided further that ordinary family pension under these Regulations in respect of

Service personnel who were / are re-employed in the organisations/ establishments where

Family Pension Scheme, 1971 and Employees Pension Scheme, 1995 are in force, shall be

allowed in addition to the family pension admissible under those schemes.

However, provisions of this Regulation are superseded w.e.f 24.09.2012 as can be

seen the new provisions of Regulation 79(a) of these Regulations. (Auth. MoD letter No.

1(05)/2010/D(Pen/Pol) dated 17.01.2013.

ORDINARY FAMILY PENSION/DUAL FAMILY PENSION FOR MILITARY

PENSIONER IN CIVIL/ MILITARY SERVICE

79. A military pensioner, who on retirement from military service with a pension is

governed for the grant of ordinary family pension under these Regulations and is re-

employed in a civil service or civil post or military department (DSC/TA) [Auth: MoD

letter No. 1(05)/2010/D(P/P)dated 17.01.2013] [CS- 129 /2020] before attaining the age of

superannuation, shall for the purpose of eligibility for the family pension admissible under

civil rules or the family pension already authorised under these Regulations be governed as

follows:

46

(a) If he dies while holding a civil post, his family shall be allowed family pension under

civil rules or the family pension authorised at the time of retirement from the

military service, whichever is more advantageous to the family. However, the families of

Armed Force Pensioners got re-employed in Civil Departments/PSUs/Autonomous

bodies/Local Funds of Central/State Governments after getting retired from military service

and were in receipt of military pension till death, shall be allowed to draw Family pension

from military side also with effect from 24.09.2012 in addition to the family pension, if

any, authorized from the re-employed civil department subject to fulfillment of other

prescribed conditions. [Auth: MoD letter No. 1(05)/2010/D(P/P)dated 17.01.2013] [CS- 130 /2020]

Note-1: The dual family pension is allowed irrespective of whether re-employment was in

civil or military department. Hence, dual family is also admissible to NoKs of DSC

personnel. [Auth: GoI, MoD letter No. 10(17)/2012-D(Pen/Policy) dated 21.03.2013] [CS- 144 /2020]

Note-2: For the purpose of grant of dual family pension, the claimants of family pension

who are subject to dependency criterion, the family pension is not to be taken into account

as income. [Auth: GoI, MoD ID No. 1(5)/2010-D(Pen/Pol) dated 06.02.2015] [CS- 155 /2020]

Note-3: Special Family Pension /Liberalised Family Pension, if any, on death attributable to

military service of a pensioner who was re-employed in military service shall also be

admissible with effect from 24.09.2012, in addition to Ordinary Family Pension in respect

of the previous military/civil service. However, on death of the re-employed ex-servicemen

if the family is eligible for Special Family Pension /Liberalised Family Pension for first

service, family pension for second spell of service would be Ordinary Family Pension. In

no case, Special Family Pension /Liberalised Family Pension will be granted for both the

services. [Auth: Mod No.PC-2(6)/2013/D(Pen/Pol) dated 8.07.2019] [CS- 199 /2020]

(b) If he has, on appointment to a civil service or post, opted to retain military

pension for the past military service and [(i)] retires from the civil re-employment without

earning any pension therefor, his family shall be entitled to family pension as authorised at

the time of his retirement/discharge from military service;

[(ii) retires from civil re-employment after becoming eligible for pension therefore, he shall

exercise an option at the time of applying for pension for civil service either to be governed by family

pension under civil rules or to avail of family pension benefits as authorised at the time of his

retirement/discharge from military service and the said option once exercised shall be final.] Deleted from

24.09.2012 [Auth: MoD letter No. 1(05)/2010/D(P/P)dated 17.01.2013] [CS- 131 /2020]

(c) If on appointment to a civil service or post, he has opted to surrender military

pension and count the military service for civil pension, his family shall be entitled to

family pension under civil rules.

FURNISHING OF FAMILY DETAILS-RESPONSIBILITY OF SERVICE

PERSONNEL

80. (a) (i) As soon as a person is commissioned in the Army, he will furnish the details of

his family in the prescribed form to Integrated Headquarters, Ministry of

Defence (Army).

(ii) In case the Officer has no family at the time of his commissioning he shall

47

furnish the details in the prescribed form as soon as he acquires a family.

(iii) The Officer shall communicate to Integrated Headquarters, Ministry of

Defence (Army) any subsequent change in the size of his family, including

the fact of marriage of his child/children also with specific mention of

disability with which a child is suffering.

(b) (i) Personnel Below Officer Rank after his attestation and personnel given direct

commission will submit details of his family members including his date of

birth / age to the unit commander of the unit, detachment or formation with

which the person is serving or by any officer on his behalf in the rules and

entries be made in the sheet roll (IAFK-1155) and service casualty form (IAFF-

958) on the authority of part II order.

(ii) All changes in the family of a soldier during his service on account of birth/

death /marriage of his child/children also with specific mention of disability

with which a child is suffering will be declared by him in writing and his

declaration witnessed by two persons and countersigned by his commanding

officer. It will be forwarded to the Record Office for making necessary

entries in the kindred roll portion of the sheet roll of the individual.

SIMPLIFICATION OF PENSION PROCESS FOR PERMANENTLY DISABLED

CHILDREN/SIBLINGS / DEPENDENT PARENTS AND WIDOWED /DIVORCED

/UNMARRIED DAUGHTER

80-A (a) The appointing authority will issue a sanction order for grant of family Pension to

permanent disabled children/sibling/dependent parents and widowed/divorced/unmarried

daughter on acceptance of request on their turn. No further authorization for grant of family

pension to the disabled child/ sibling / dependent parents and widowed/divorced/unmarried

daughter would be required. The appointing authority and Record Office concerned will

maintain the details of such disabled children/siblings/ dependent parents and

widowed/divorced/unmarried daughter in the service book and Sheet roll of the

Commissioned Officer/ JCOs / ORs to enable prompt processing of such requests. On the

basis of this approval, the permanently disabled child/ siblings/dependent parents and

widowed/divorced/unmarried daughter will be authorized to receive family pension at the

appropriate time, i.e., after the death of pensioner and/or after the death/ ineligibility of any

other member in the family eligible to receive family pension prior to the disabled

children/siblings/dependent parents and widowed/divorced/unmarried daughter.

(b) The name(s) of permanently disabled child /children/ siblings and/ or dependent parents

and widowed/divorced/unmarried daughter may be added to the PPO issued to the retiring

Armed Force Personnel if there is no other eligible prior claimant for family pension other

than the spouse. No fresh PPO needs to be issued in such cases and the family pension will

be payable by the pension disbursing authority in the following order and the following

manner:

i). To the spouse- on the death of the pensioner- on production of death certificate of

pensioner. This family pension will continue till death or remarriage of spouse. In the case of

48

a childless widow, the family pension may continue even after her re- marriage as per rules.

ii) To the permanently disabled child/children - on the death / re-marriage of spouse- on

production of such death certificate / remarriage-intimation. Family pension to the spouse

will be discontinued and family pension would be allowed by the PDA for life for

permanently disabled children in the prescribed order.

(iii) To widowed/divorced/unmarried daughters - In case the eligibility of all the above

categories of claimant mentioned at (i) and (ii) above ceases to be payable, the PDA will

allow family pension to such widowed/divorced/unmarried daughter in their hierarchy of

date of birth after production of marriage/re-marriage/death certificate, as the case may be in

respect of all the above claimants.

iv) To the dependent parents- first mother, then father - When claimants in (i), (ii) and (iii)

die or become ineligible, then on production of death certificate/marriage /re-marriage

intimation of spouse and or on production/intimation of marriage/re-marriage/death

certificates (as the case may be) of all the eligible dependent son(s) or daughter(s) including

permanently disabled child/children and widowed/ divorced/unmarried daughter, family

pension would be allowed by the PDA to dependent parents. This family pension would

continue till death of the dependent parents.

v) To the permanently disabled siblings- when family pension to all above ceases to be

payable on account of death/re-marriage - on production of death certificates/ remarriage-

intimation as applicable, the family pension will be allowed by PDA to the permanent

disabled siblings.

(c) Family pension to these permanently disabled child /children /siblings /dependent

parents and widowed/divorced/unmarried daughter will be payable after the death/

ineligibility of the prior claimant, as the case may be.

Such an authorization shall become invalid in case a person becomes member of

family after issue/amendment of such PPO and is entitled to family pension prior to the

disabled child/sibling/dependent parents and widowed/divorced/unmarried daughter at the

time of the death of the Pensioners/spouse like remarry after the death of first spouse or

adopt a child. Such spouse/ child may be eligible for family pension at the time of death of

the pensioner or death/ineligibility of the spouse. A child adopted by the spouse of the

pensioner shall not be treated as a member of the Family of the deceased pensioner. A

decision regarding grant of family pension in such cases will be taken by the appointing

authority. [Auth: GOI MoD letter No. 1(7)/2013/D(P/P) dated 15.05.2015. read with MoD letter No. 1(07)/2013-

D(Pension/Policy) dated 04.05.2020.][CS- 161 /2020]

49

CHAPTER IV

CASUALITY PENSIONARY AWARDS WHEN CAUSE OF INVALIDMENT

FROM SERVICE OR DEATH IS EITHER ATTRIBUTABLE TO OR

AGGRAVATED BY MILITARY SERVICE

SECTION – 1: Disability Pension

Sub-Section –I: General

WHEN ADMISSIBLE

81. (a) Service personnel who is invalided out [Auth: Typographical error] [CS- 215 /2020]

from service on account of a disability which is attributable to or aggravated by such

service may, be granted a disability pension consisting of service element and disability

element in accordance with the Regulations in this section.

Explanation: -

There shall be no condition of minimum qualifying service for earning service

element.

(b) The question whether disability is attributable to or aggravated by military

service shall be determined under the Entitlement Rules for Casualty Pensionary

Award, [1982] 2008 [Auth: GOI MoD letter No. 1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010.] [CS- 84 /2020]

as laid down in APPENDIX-IV of these Regulations.

PENSIONARY BENEFITS ON DEATH / DISABILITY IN

ATTRIBUTABLE/ AGGRAVATED CASES

82. For determining the pensionary benefits on death or disability which is attributable

to or aggravated by Military service under different circumstance, the cases shall be

broadly categorized as follows: -

Category A

Death or disability due to natural causes neither attributable to nor aggravated by

military service as determined by the competent medical authorities. Examples would be

ailments of nature of constitutional diseases as assessed by medical authorities, chronic

ailments like heart and renal diseases, prolonged illness, accidents while not on duty.

Explanation : The cases of death or disability due to natural causes falling under Category A entitles ordinary family pension or invalid pension or invalid gratuity as the case may be.

Category B

Death or disability due to causes which are accepted as attributable to or

aggravated by military service as determined by the competent medical authorities.

Disease contracted because of continued exposure to hostile work environments subject to

extreme weather conditions or occupational hazards resulting in death or disability would

be examples.

50

Category C

Death or disability due to accidents in the performance of duties such as:

(i) Accidents while travelling on duty in Government vehicles or public/private

transport.

(ii) Accidents during air journeys

(iii) Mishaps at sea while on duty.

(iv) Electrocution while on duty etc.

(v) Accidents during participation in organised sports events/adventure

activities/expeditions / training.

Explanation :

Invalidment case falling under Category B and Category C due to disease

contracted or injury sustained or cause of death if accepted by medical authority and/ or

competent authority attributable to or aggravated by Military service the individual may be

granted disability pension or special family pension as the case may be.

Category D

Death or disability due to acts of violence/ attack by terrorists, anti-social elements

etc whether on duty other than operational duty or even when not on duty. Bomb blasts in

public places or transport, indiscriminate shooting incidents in public etc. would be covered

under this category, besides death/disability occurring while employed in aid of civil power

in dealing with natural calamities. Unintentional killing by own troops during the course of

duty in an operational area. Electrocution / attacks by wild animals and snake bite/drowning

during course of action in counter insurgency /war. Accidental death / injury sustained due to

natural calamities such as flood, avalanches, landslides, cyclone, fire and lightening or

drowning in river while performing operational duties / movements in action against enemy

forces and armed hostilities in operational area to include deployment on international border

or line of control or line of actual control.[Auth: GOI MoD letter No. 2(1)/2011/D(P/P) dated

03.02.2011 read with MoD letter No. 2(3)/2012/D(P/P)VOL-II dated 07.03.2018.] [CS- 111 /2020] Explanation :

Cases falling under Category D entitles liberalised disability pension or liberalised

family pension as the case may be.

Category E Death or disability arising as a result of: -

(i) Enemy action in international war

(ii) Action during deployment with a peace keeping mission abroad

(iii) Border skirmishes

(iv) During laying or clearance of mines including enemy mines as also mine

sweeping operations.

(v) On account of accidental explosions of mines while laying operationally

oriented mine field or lifting or negotiating mine field laid by the enemy or

own forces in operational areas near international borders or the line of

control.

(vi) War like situations, including cases which are attributable to/aggravated by:-

51

(1) extremist acts, exploding mines etc, while on way to an operational area

(2) battle inoculation training exercises or demonstration with live

Ammunition. (a) Flying operation involved in rehearsing of war plans and implementation of

OP instructions inclusive of international exercises.

(b) All combat and Tactical sorties in preparation of war.

(c) Valley flying and missions involving operating at Ultra Low Levels.

(d) All operational missions undertaken during peace like special operations, Live

ORP, Recce, Elint, Survey and induction trials of new weapons.

(e) Missions undertaken in support of troops and security forces deployed in

forward areas.

(f) Flying missions involving landings on the ALGs. [Auth: GOI MoD letter No.

1(11)/2006 /D (P-C) Dt. 08.09.2009 & MoD No 1(11)/2006/D (P-C) dated 05.03.2010. read

with GOI MoD letter No. 2(3)/2012/D(P/P) dated 22.10.2013] [CS- 68 /2020]

(3) Kidnapping by extremists while on operational duty

(vii) An act of violence/attack by extremists, anti social elements etc. while on

operational duty.

(viii) Action against extremists, antisocial elements etc. death/disability while

employed in the aid of civil power in quelling agitation, riots or revolt by

demonstrators shall be covered under this category.

(ix) Operations specially notified by the Government from time to time.

(x) Poisioning of water by enemy agents while deployed in operational area in

active hostilities.[Auth: GOI MoD letter No. 2(1)/2011/D(P/P) dated 03.02.2011.] [CS- 112 /2020]

Explanation :

Death or injury sustained in the circumstances falling under Category E

entitles liberalised family pension or war-injury pension as the case may be.

Note : The illustrations given in each category above from ‘A’ to ‘E’ are not exhaustive.

Cases not covered under these categories shall be dealt with as per Entitlement

Rules for Casualty Pensionary Awards, [1982] 2008 [Auth: GOI MoD letter No.

1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010.] [CS- 85 /2020] as contained in APPENDIX IV of

these Regulations.

Note-2: T10.2013.]

SERVICE PERSONNEL WHO RETIRE VOLUNTARILY

83. (a) An Officer who retires voluntarily/or a Personnel Below Officer Rank who is

discharged at his own request on compassionate ground shall not be eligible for any award

on account of disability.

However, Armed Forces Personnel who are retained in service despite disability,

which is accepted at attributable to or aggravated by Military Service and have foregone

lump-sum compensation in lieu of that disability, at the time of their retirement/discharge

on or after 01.01.2006 whether voluntary or otherwise will be allowed disability

element/war injury element in addition to Retiring/Service pension or Retiring/Service

Gratuity. [Auth: GOI MoD letter No. 16(5)/2008/D(P/P) dated 29.09.2009 & MoD no 16(05)/2003/ D(P/P)

dated 19.05.2017.] [CS- 69 /2020]

(b) Individual who is due for retirement/discharge on completion of tenure or on

completion of service limits or on completion of terms of engagement or on attaining the

prescribed age of retirement and who seeks pre-mature retirement/discharge on request within a

52

month of due date of retirement/discharge for purpose of getting higher commutation value of

pension, shall remain eligible for getting higher commutation value of pension and shall remain

eligible for disability element.

SERIOUS NEGLIGENCE OR MISCONDUCT

84. If the disability of a service personnel is wholly or partly due to his

serious negligence or misconduct, the amount of disability pension or gratuity

otherwise admissible may be reduced at the discretion of the competent authority.

Provided the reduced pension shall not be less than the invalid pension admissible

as if the individual has been invalided from service not due to service factor.

REFUSAL TO UNDERGO MEDICAL TREATMENT

85. (a) An award of disability element of pension otherwise admissible may be

withheld or be granted at a reduced rate, at the discretion of the competent authority, if an

individual suffering from a disability, accepted as attributable to or aggravated by military

service unreasonably refuses to undergo an operation or other medical treatment which in

the opinion of the service medical authority would cure or reduce the degree of

disablement.

(b) The refusal shall not be regarded as unreasonable when, in the opinion of the

service medical authority, the treatment or operation may be severe and dangerous to life.

(c) The question whether Service personnel’s refusal to undergo medical treatment

or an operation for his disability is reasonable or unreasonable shall be decided in

accordance with the criteria laid down in APPENDIX-V to these Regulations.

MANIFESTATION OF DISABILITY AFTER RETIREMENT/DISCHARGE

86. Service personnel who had retired/discharged (otherwise than at his own request or

in any of the circumstances specified in Regulation 29 & Regulation 41) on a

retiring/service pension/gratuity, but who within a period of [10] 7 [Auth: Rule 8 of Entitlement

Rule issued under GOI MoD letter No. 1(3)/2002/Vol.III/D(Pen/Pol) dated 18.01.2010] [CS- 83 /2020]years

[form] from [Auth: Typographical error] [CS- 216 /2020]the date of retirement, is found to be

suffering from a disease which is accepted as attributable to his military service, be

granted in addition to his retiring/service pension/gratuity, a disability element with effect

from the date of Review Medical Board constituted by the Director General Armed Forces

Medical Services.

REFUSAL TO APPEAR BEFORE RESURVEY MEDICAL BOARD.

87. (a) In case a pensioner, who has been asked to appear before Resurvey Medical

Board for assessment of his temporary disability, refuses to do so, the disability element of

his disability pension shall be suspended from the date of such refusal. However, he shall

continue to draw service element of disability pension.

(b) In case the pensioner, who has been asked to appear before Resurvey Medical

Board for re-assessment his disability but fails to respond within the period specified in

call letter, he will be deemed to have refused to appear before the Resurvey Medical

Board.

53

(c) If a pensioner, who has been deemed to have refused or has refused to appear

before Resurvey Medical Board as above, requests later to appear before the Resurvey

Medical Board, the disability element, as may be due with reference to degree of disability

re-assessed by the Re-Assessment Medical Board, shall be payable from the date of such

Re-Assessment Medical Board.

SERVICE PERSONNEL WHO SUFFERED FROM PULMONARY

TUBERCULOSIS/LEPROSY RETAINED IN SERVICE

88. (a ) Service personnel suffering from Pulmonary Tuberculosis or Leprosy

attributable to or aggravated by military service, who rejoins duty having been found fit for

retention in service on completion of leave, but is retired there from on account of a relapse

of the disability during a period of 5 years from the date of rejoining, shall be eligible for a

disability element appropriate to the degree of disablement as accepted on the date he was

found medically fit for retention in service, in addition to -

(i) the service element of disability pension admissible if he had been

invalided on the date immediately prior to that of rejoining duty;

or,

(ii) if more favourable, the retiring pension/or service pension based on the

total length of qualifying service rendered upto the date of

retirement/discharge.

(b) If, however, he is retired from service on account of the relapse of the

disability after a period of 5 year from the date of rejoining, the disability pension

admissible shall be regulated by the normal Regulations.

CONSTANT ATTENDANCE ALLOWANCE

89. (a) Constant attendance allowance at a uniform rate of Rs. 600/- per month shall be

granted to Service personnel who is awarded a disability pension for 100 per cent

disablement, if in the opinion of the Invaliding Medical Board or Review Medical Board

he needs the services of a constant attendant for at least a period of 3 months, and the

necessity arises solely from the condition of the accepted disability or disabilities. The rate of Constant Attendance Allowance with effect from 01.01.2006 is Rs.

3000/-. This rate will be increased by 25% every time the dearness allowance payable on

revised Pay Band goes up by 50%. [Auth: Para 8 of GoI MoD letter No. 16(6)/2008 (2)/D (Pen/Pol)

Dt. 05.05.2009.] [CS- 53 /2020]

This rate is further enhanced with effect from 01.07.2017 at the uniform rate of Rs.

6750/- per month, irrespective of the rank. [Auth: Para 12 of GoI, MoD letter No. 17(02)/2016-

D(Pen/Pol) dated 04.09.2017.] [CS- 182 /2020]

(b) The allowance shall also be granted if the accepted degree of disablement of

service personnel is assessed at 100 per cent, but a reduced award is made under

Regulation 84 & 85 of these Regulations.

(c) The grant of allowance is subject to the condition that he actually employs an

attendant to look after him.

(d) The allowance shall not be payable for any period during which the pensioner is

an inmate of a Government Institution or Hospital or is gainfully employed.

54

(e) [Payment of constant attendance allowance shall be made in arrears along with disability pension etc.

on the basis of declaration as in APPENDIX-VI of these Regulations which shall be submitted to the

Pension Disbursing Authority in May and November each year.] Constant Attendance Allowance

shall be paid on monthly basis during the period of award along with disability or war

injury pension as the case may be. Concerned Armed Forces Pensioners shall submit a

declaration on the format enclosed as APPENDIX – VI to their pension disbursing agency

at the time of initial payment of CAA and thereafter on annual basis at the time of his/her

annual identification. During initial declaration pensioner shall state in item III of the

Appendix that he/she will employ an attendant for the upcoming one year or up to the date

for which CAA has been sanctioned, whichever is earlier. During subsequent annual

declarations pensioner would also complete item II of the Annexure providing a declaration

for the period from the date of last declaration. Payment made against declaration under

item III of Appendix shall be treated as provisional and would be final on submission of

subsequent declaration under item II. [Auth: GoI, MoD letter No. 1(2)/2013-D(Pen/Pol) dated

27.04.2015.] [CS- 156 /2020]

COMPENSATION IN LIEU OF DISABILITY ELEMENT

90. In case service personnel is found to have a disability which is sustained under the

circumstances mentioned under category B and C of Regulation 82 and which is assessed

at 20% or more for life but the individual is retained in service despite such disability and

[opts] may opt [Auth: Item (b) of MoD ID: PC-16(5)/08/D(P/P) dated 22.11.2012.] [CS- 125 /2020]for

lump sum compensation, within a period of 3 months at the time of retention in service, he

shall be paid a compensation in lump sum in lieu of the disability element equal to the

capitalised value of disability element on the basis of disability actually assessed by

Disability Compensation Board. The rates of disability element for calculating the

capitalised value shall be as laid down in Regulation 94 (b) and Regulation 98 (b) of these

Regulations as the case may be, which shall be proportionately reduced for lesser

percentage of disability. The age next birthday shall be reckoned with reference to date of

onset of disability with loading of age, if any, recommended by the Disability

Compensation Medical Board. Once compensation has been paid in lieu of disability

element, there shall be no further entitlement to the disability element for the same

disability. Such disability shall also not qualify for grant of any pensionary benefits or

relief subsequently. This is one time payment on account of compensation; no restoration

of disability element shall be permitted. In case of forgoing the lump sum compensation

they can avail disability pension at the time of superannuation or even if they go on

voluntary retirement prior to superannuation. [Auth: Item (b) of MoD ID: PC-16(5)/08/D(P/P) dated

22.11.2012.] [CS- 126 /2020]

DISABILITY PENSION TO A DISABLED PENSIONER RE-EMPLOYED

WITHOUT DISCLOSING HIS INVALIDATION

91. A pensioner who on his re-employment in Armed Forces does not disclose that he

was previously retired/discharged from the service with Armed Forces for medical

unfitness, shall be debarred from the date of his re-employment from any disability

Pension admissible to him in respect of his previous service with the Armed Forces. If his

re-employment is terminated on account of his medical unfitness or if on termination of the

re-employment, he is brought before a medical board; his claim for a disability pension

after the termination of re-employment shall be submitted for orders of the Government.

55

Such orders shall duly take into consideration the effect of his re- employment in

the Armed Forces service in aggravating previous disability or introducing a new one.

RE-ASSESSMENT OF DISABILITY PENSION WHEN THE DEGREE OF

DISABILEMENT INCREASES

92. ( a ) If, at any time, an increase which is properly referable to service factors occurs

in the degree of disablement not of a permanent nature, there will be only one review of the

percentage by a Re-assessment Medical Board. A disability pension may be granted, or the

pension already granted may be increased to the appropriate higher rate, with effect from

the date of the Review Medical Board constituted by Director General Armed Forces

Medical Services, on the basis of whose findings the competent authority accepted the

higher degree of disablement.

(b)When a disability pension is granted in accordance with clause (a) above, any

service gratuity or special gratuity paid shall be adjusted against the service element of

disability pension which shall be held in abeyance till the entire gratuity have been

recovered.

OFFICER CADETS DRAWN FROM THE RANKS

93. An Officer Cadet drawn from the ranks shall continue to be eligible for pensionary

benefits appropriate to his rank.

56

Sub-section-II- Regular Commissioned Officer [Auth: Typographical error] [CS- 330 /2020]

AMOUNT OF DISABILITY PENSION

94. The amount of disability pension consisting of service element and disability

element shall be as follow: -

(a) SERVICE ELEMENT: The amount of service element which is payable for

life shall be equal to the retiring pension determined as per Regulation 36. [For this purpose

the reckonable qualifying service shall mean the actual qualifying service rendered by the Officer plus the

full weightage appropriate to the rank held at the time of invalidment.] [Auth: Para 6.1 of MoD No. 16(6)

/2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with Para 6.1 of MoD No.17(4)/ 2008 (2)/ D(Pen/Pol) dated 12.11.2008.] [CS-

54 /2020]

(b) DISABILITY ELEMENT: The rate of disability element for 100% disability

shall be [Rs. 2600/- per month] 30 % of emoluments last drawn subject to minimum of Rs.

3,510/- w.e.f 01.01.2006 per month. Disability lower than 100% shall be reduced with

reference to percentages as laid down in clause (c) below provided that where permanent

disability is not less than 60%, the disability pension (i.e. total of service element plus

disability element) shall not be less than 60% of the reckonable emoluments last drawn by

the Officer subject to a minimum of Rs. 7,000/-w.e.f 01.01.2006 & Rs. 18000/- w.e.f

01.01.2016 per month. The disability element will be payable for the period for which

disability has been accepted. [Auth: Para 6.1 of MoD No. 16(6) /2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with

Para 6.1 of MoD No.17(4)/ 2008 (2)/ D(Pen/Pol) dated 12.11.2008, MoD letter No. 17(6)/2010-D(pen/pol) dated

19.08.2010& MoD Letter No. 16(3)/ 2017/D(Pen/Pol) dated 29.01.2019.] [CS- 55 /2020]

(c)The extent of disability or functional incapacity shall be determined in the

following manner for the purpose of computing the disability element: -

Percentage of disability

element as finally accepted

Percentage to be reckoned for

computing disability element

Less than 50 50

Between 50 and 75 75

Between 76 and 100 100

57

Sub-Section-III : Personnel Below Officer Rank

INDIVIDUAL DISCHARGED BEING PERMANENTLY IN LOW MEDICAL

CATEGORY

95. Individual who is placed in a low medical category (other than ‘E’) permanently

and who is discharged because no alternative employment in his own trade/category

suitable to his low medical category could be provided or who is unwilling to accept the

alternative employment or who having been retained in alternative appointment is

discharged before completion of the engagement, shall be deemed to have been invalided

out of service under the Entitlement Rules for Casualty Pensionary Awards, [1982] 2008

[Auth: GOI MoD letter No. 1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010.] [CS- 86 /2020]as la id down in

APPENDIX-IV to these Regulations. This provision shall also apply to individual who is

placed in a low medical category while on extended service and is discharged on that

account before completion of the period of his extension.

RECRUITS AND BOYS

96. Recruits and boys shall be eligible for disability pension at the rates and under the

conditions applicable to a Sepoy of the [Auth: Typographical error] [CS- 247 /2020] lowest group.

INDIVIDUAL REMUSTERED WITHIN THE SAME GROUP OR FROM HIGHER

TO A LOWER GROUP OR VICE-VERSA

97. (a) The service element of Disability pension in respect of an individual who

was re-mustered from a higher to a lower group on being declared surplus after rendering

15 years or more qualifying service may be assessed, where more favourable than the

service element of disability pension otherwise admissible, for the rank and group held on

the date he was declared surplus and qualifying service rendered up to that date.

(b) An individual who was re-mustered to a new trade in the same or a higher group,

but in a lower rank, for service reasons other than inefficiency or medical unfitness, but is

invalided out without restoration of his rank held prior to re-mustering shall be granted,

where more favourable than the disability pension otherwise admissible, a disability

pension assessed for the rank and group held on the date of re-mustering but based on the

qualifying service rendered up to the date of invalidment.

AMOUNT OF DISABILITY PENSION

98. The amount of disability pension consisting of service element and disability

element shall be as follows:-

[(a) Service element payable for life –

(i) Where the individual has rendered sufficient

service to earn service pension

Equal to normal service pension as determined

under Regulation 50 for qualifying service actually

rendered plus weightage as admissible

(ii) Where the individual has not rendered sufficient

service to qualify for service

pension

(a) If the disability was sustained while on flying or

parachute jumping duty in an aircraft or while being

carried on duty in an aircraft under proper authority :-

The minimum service pension appropriate to his rank and

group, if any

58

(b) In all other cases :-

Equal to the service pension as determined under

Regulation 50 for qualifying service actually rendered

plus weightage as admissible. The amount of service

pension shall in no case be less than 2/3rd of the

minimum service pension admissible to the rank/pay

group. It shall be further subject to the ceiling prescribed

for minimum pension]

(a) SERVICE ELEMENT:- The amount of service element which is payable for life

shall be equal to the service pension determined as per Regulation 50. [Auth: Para 6.2 of MoD No.

16(6) /2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with Para 6.1 of MoD No.17(4)/ 2008 (2)/ D(Pen/Pol) dated 12.11.2008.]

[CS- 56 /2020]

[ (b) Disability element on invalidment–

(i) The disability element shall be payable for the period for which disability has been accepted. The

rates of disability element for 100% disability for the rank last held shall be as under: -

Junior Commissioned Officer Rs. 1900/- per month

Other Ranks Rs. 1550/- per month

(ii) Disability lower than 100% shall be reduced with reference to percentage as laid down in clause (c)

below. Provided that where permanent disability is not less than 60%, the disability pension (i.e. total of service

element plus disability element) shall not be less than 60% of the reckonable emolument last drawn by the

individual.]

(b)DISABILITY ELEMENT: The rates of disability element for various ranks for

100 % disability shall be 30 % of emoluments last drawn subject to minimum of Rs. 3,510/-

w.e.f 01.01.2006 per month for 100 % disability. For disability less than 100 % it shall be

reduced proportionally. In case of disability pension where permanent disability is not less

than 60 %, the disability pension (i.e. total of service element and disability element) shall not

be less than 60 % of the reckonable emoluments last drawn subject to a minimum of Rs.

7,000/-w.e.f 01.01.2006 & Rs. 18000/- w.e.f 01.01.2016 per month. The disability element

will be payable for the period for which disability has been accepted. [Auth: Para 6.2 of MoD No.

16(6) /2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with Para 6.1 of MoD No.17(4)/ 2008 (2)/ D(Pen/Pol) dated 12.11.2008,

MoD letter No. 17(6) /2010-D(pen/pol) dated 19.08.2010& MoD Letter No. 16(3) /2017/D(Pen/Pol) dated 29.01.2019] [CS-

57 /2020]

(c) The extent of disability or functional incapacity shall be determined in the

following manner for the purpose of computing disability element:

Percentage of disability element as finally

accepted

Percentage to be reckoned for computing

disability element

Less than 50 50

Between 50 and 75 75

Between 76 and 100 100

59

SECTION-2: War Injury Pension and Liberalised Disability Pension in respect of

service personnel

WHEN ADMISSIBLE

99. (a) Where Service personnel is invalided out [Typographical error] [CS- 217 /2020]from

service on account of disabilities sustained under circumstances mentioned in category

‘E’ of Regulation 82 of these Regulations, he shall be entitled to war-injury pension as

enumerated in this Section.

(b) Where service personnel is invalided out [Typographical error] [CS- 217 /2020]from

service on account of disabilities sustained in the circumstances mentioned in category D

of Regulation 82 of these Regulations, he shall be entitled to liberalised disability pension

under these Regulations.

(c) Other conditions governing the grant of disability pension as laid down in

Section-I shall apply.

AMOUNT OF WAR INJURY PENSION ON INVALIDMENT

100. War-injury pension shall consist of service element and war-injury element as

follows: -

(a) Service Element: Equal to retiring / service pension to which he would have been

entitled [on the basis of his emoluments on the date of invalidment from service but counting

service up to the date on which he would have retired in that rank in normal course including

weightage in service, as admissible. Service element will be calculated at 50% of emoluments on the

date of invalidment for 33 years. For lesser period of reckonable qualifying service, the amount shall

be proportionally reduced.] under Regulation 36 or Regulation 50 as the case may be.

There shall be no condition of minimum qualifying service having been actually

rendered for earning this element, if otherwise admissible. [Auth: 6.2 of MoD No. 16(6)

/2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with Para 6 of MoD No.17(4)/ 2008 (2)/ D(Pen/Pol) dated 12.11.2008] [CS- 58 /2020]

(b) War Injury Element:-

(i) Equal to reckonable emoluments last drawn for 100% disablement. For lower percentage of disablement, war injury element shall be proportionately

reduced. [However in no case the aggregate of service element and war injury element

should exceed the emoluments last drawn.] Delete last sentence of Reglation 100(b) (i) of

PR -I (2008)."It takes effect w.e.f 01.07.2009".[Auth: MoD Letter No.

10(01)2009/D(P/P) dated 19.01.2010.] [CS- 94 /2020]

(ii) The percentage of disability as accepted shall be reckoned in the same

manner as in Regulation 94 (c) or 98 (c) of these Regulations, as the case may

be, for computing war-injury element.

60

METHOD OF CALCULATION OF DISABILITY WHERE BOTH WAR

INJURY AND DISABILITY ARE INVOLVED

100-A The methodology of calculation of pension values in cases where War

Injury Element and Disability Element both exist will be carried out as follows-.

(a) Discharge Cases:- Cases where Armed Forces Personnel are discharged from

service on completion of prescribed terms of engagement, the higher element, i.e. the

War Injury Element (WIE) shall be deducted from the composite assessment and paid

in full, irrespective of the percentage of assessment. The remainder shall be calculated

as normal Disability Element (DE). The minimum assessment criterion shall not be

applicable in such cases as the net assessment reckonable for WIE and DE together is

more than 20%.

(b) Invalidment Cases:- Cases where Armed Forces Personnel are invalided out on

medical ground which is attributable to or aggravated by military service, the

composite assessment and War Injury Element will be rounded off in terms of

Regulation 98(c). Further, rounded off in terms of Regulation 98(c) percentage of

War Injury Element (WIE) shall be deducted from the rounded percentage of

composite assessment. The remainder shall be calculated as normal Disability

Element (DE). [Auth: GoI, MoD letter No. 16(02)/2015-D(Pen/Pol) dated 08.08.2016] [CS- 172 /2020]

WAR INJURY ELEMENT ON RETENSION IN SERVICE

101. Service personnel who is retained in service despite the disability due to war injury

sustained under circumstances mentioned in category ‘E’ of Regulation 82 of these

Regulations and retired/discharged subsequently, shall have an option to be exercised

within a period of 3 months at the time of retention in service-

(i) to draw lump-sum compensation in lieu of war injury element, foregoing

war injury element at the time of subsequent retirement;

or

(ii) to draw war injury element at the time of retirement in addition to retiring

pension as admissible on retirement/discharge foregoing lump sum compensation.

LUMP SUM COMPENSATION IN LIEU OF WAR INJURY

ELEMENT

102. (a) In case Service personnel is found to have a disability which was sustained

under the circumstances mentioned in category ‘E’ of Regulation 82 of these Regulations

which is assessed at 20% or more for life but the individual is retained in service despite

such disability and opts for lump sum compensation, shall be paid the lump sum

compensation in lieu of war injury element. [The rate of calculation of lump sum compensation in

lieu of war injury element for 100% disability for life shall be as under.

(i). Officer Rs. 5200/- per month

(ii). Junior Commissioned Officer Rs. 3800/- per month

(iii) Other Ranks Rs. 3100/- per month]

For the purpose of calculation of lump sum compensation in lieu of war injury element for

61

100 % disability for life, war injury element shall be 60 % of reckonable emoluments last

drawn subject to minimum of Rs. 7020/- for 100 % disability w.e.f . 01.01.2006. [Auth: Para

7.1(b) of MoD letter No. 16(6)/ 2008/D(2) (Pen/Pol) dated 05.05.2009 & MoD letter No. 17(6)/2010-D(pen/pol) dated 19.08.2010] [CS- 59 /2020]

(b) For disability due to war injury of less than 100%, the rate shall be

proportionately reduced. The one time compensation in lump sum in lieu of war injury

element shall be equal to the capitalised value of war injury element for the accepted

percentage of the disability at the appropriate rate mentioned above. For this purpose, [rank

shall be the rank held at the time of injury sustained by the individual due to war. Age] age on [Auth: Para

7.1(b) of MoD letter No. 16(6)/ 2008/D(2) (Pen/Pol) dated 05.05.2009 & MoD letter No. 17(6)/2010-D(pen/pol) dated

19.08.2010] [CS- 60 /2020] next birth day shall be reckoned with reference to the date of

onset of disability with loading to age, if any, recommended by the Disability

Compensation Medical Board. Once the compensation in lieu of war injury element due to

disability for life has been paid, there shall be no further entitlement on account of such a

disability at the time of retirement/discharge. This is one time payment on account of

compensation, no restoration of war-injury element shall be permitted.

WAR INJURY ELEMENT ON SUBSEQUENT RETIREMENT

103. (a) Where a Service personnel is retained in service despite war

injury/disability sustained under the circumstances mentioned in category ‘E’ of

Regulation 82 of these Regulations and does not opt for lump sum compensation in lieu of

war injury, he shall be entitled to the payment to war injury element on a monthly basis at

the rates prescribed under Regulation 102 above on subsequent retirement/discharge or on

completion of the terms of engagement in addition to retiring pension/service pension as

admissible under normal rules.

(b) For disability of less than 100 percent, but not less than 20 percent, the above

rate shall be proportionately reduced. No war injury element shall be payable for

disabilities less than 20%. The Provisions contained in Regulation 94(c) or Regulation

98(c) above shall not be applicable for computing war injury element. However, where

an Armed Forces Personnel discharged/retired or even voluntary retire on his own request

on or after 01.01.2016 with war injury attributable to or aggravated by Military service and

accepted as 20% or more, provisions of Regulation 94(c) & 98(c) shall be applicable. [Auth: Para 10.1 of GoI, MoD letter No. 17(02) / 2016-D(Pen/Pol) dated 04.09.2017] [CS- 184 /2020]

(c) Armed Forces Personnel who are retained in service despite of disability due to

war injury, which is accepted as attributable to or aggravated by Military Service and have

foregone lump-sum compensation in lieu of that war injury on their retirement/discharge

whether voluntary on his own request or otherwise on or after 01.01.2006 shall be given

disability element/war injury element in addition to Service pension or Retiring/Service

Gratuity. [Auth: MoD letter No. 16(5)/2008/D(P/P) dated 29.09.2009] [CS- 73 /2020]

LIBERALISED DISABILITY PENSION

104. Service personnel sustaining disability under the circumstances mentioned

in category ‘D’ of Regulation 82 of these Regulations shall be entitled [to same pensionary

benefits as admissible under this Section to war injury cases on retirement/invalidment including lump sum

compensation in lieu of disability. However, on invalidment, he shall be entitled to disability element instead of

war injury element in addition to service element. The service element will be equal to the retiring pension to

which he would have been entitled on the basis of his emoluments on the date of invalidment but counting

62

service up to the date on which he would have retired/discharged in that rank in the normal course including

weightage, as admissible.] for Liberalised Disability Pension consisting of service element and

disability element on invalidment / retirement.

The service element will be equal to the Retiring/Service pension to which the

individual would have been entitled under Regulation 36 or Regulation 50 as the case may be. [Auth: Para 6.2 of MoD No. 16(6) /2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with Para 6 of MoD No.17(4)/ 2008 (2)/ D(Pen/Pol) dated 12.11.2008] [CS- 61 /2020]

The disability element shall be admissible as laid down in Regulation 94 (b) or

Regulation 98 (b) as the case may be of these Regulations. For lower percentage of

disablement, this amount shall be proportionately reduced. However, in no case aggregate of

service element and disability element shall be less than 80% of reckonable emoluments last

drawn.

The same pensionary benefits are admissible under this Section as to war injury cases

on retirement/invalidment for option including lump sum compensation in lieu of disability.

However, he shall be entitled to disability element instead of war injury element in addition to

service element. [Auth: Para 6.2 of MoD No. 16(6) /2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with Para 6 of

MoD No.17(4)/ 2008 (2)/ D(Pen/Pol) dated 12.11.2008] [CS- 62 /2020]

Explanation:

Service personnel sustaining disability under the circumstances mentioned in

category ‘D’ of Regulation 82 of these Regulations shall not be treated as war disabled.

Hence, they shall not be entitled to any special concession/dispensation otherwise

admissible to war disabled.

63

SECTION - 3: Special Family Pension

Sub-section-I General

WHEN ADMISSIBLE

105. (a) Special family pension may be granted to the family of a Service personnel

if his death occurred in the circumstances mentioned in category B and category C of

Regulation 82 of these Regulations due to or hastened by:

(i) a wound, injury or disease which was attributable to military service,

or

(ii) was due to aggravation by service of a wound, injury or disease which existed

before or arose during service and in case of death after retirement/discharged

within seven years. [Auth: Rule 8 of Entitlement Rule issued under GOI MoD letter No.

1(3)/2002/Vol.III/D(Pen/Pol) dated 18.01.2010] [CS- 87 /2020] . The effective date of this

provision is 01.01.2006.

(b) The question whether death is attributed to or aggravated by military service

shall be determined under the Entitlement Rule for Casualty Pensionary Awards, [1982]

2008 [Auth: MoD No. 1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010] [CS- 88 /2020]contained in

APPENDIX-IV to these Regulations.

SERIOUS NEGLIGENCE OR MISCONDUCT

106. If the death of an individual is wholly or partly due to his negligence or

misconduct, special family pension shall not be reduced.

DEFINITION OF FAMILY

107. Family for the purpose of the Regulations in this Chapter shall consist of the

following:

(i) Husband/wife lawfully married before or after retirement.

(ii) A judicially separated wife or husband, such separation not being

granted on the ground of adultery and the person surviving was not held

guilty of committing adultery.

Note: In case service personnel [ marriage] marries [Auth: Typographical error] [CS- 202 /2020]

after retirement /invalidment, the marriage should be registered with the

Registrar of the Marriages or other competent authority under the relevant law.

In case where such marriage is not registered for some valid reasons, an affidavit

sworn before a Magistrate or legal heirship certificate shall be furnished.

(iii) Unmarried son/unmarried daughter actual and legitimate

including posthumous/widowed /divorced daughter.

64

Note 1:- Unmarried/widowed/divorced daughter shall also be eligible for grant of special

family pension beyond 25 years of age subject to fulfillment of other prescribed

conditions. All unmarried/widowed/ divorced daughters, who were earlier

sanctioned or otherwise eligible for children allowance, shall be sanctioned special

family pension subject to other conditions. The children allowance, if being paid,

shall be discontinued from the date special family pension is sanctioned. [Auth: MoD

letter No. 2(2)/2012/D(P/P) dated 14.12.2012] [CS- 127 /2020]

Note 2 : Grant of family pension to a divorced daughter in such cases where the divorce

proceedings had been filed in a competent court during the life time of the

employee/pensioner or his/her spouse but divorce took place after their death

provided the claimant fulfils all other conditions for grant of family pension. In

such cases, the family pension will commence from the date of divorce. [Auth: GoI,

MoD letter No. 1(9)/2013-D(Pen/Policy) dated 17.11.2017.] [CS- 194 /2020]

(iv) Father

(v) Mother

(vi) Unmarried brother

(vii) Unmarried sister

Notes: 1. Eligible son/daughter includes posthumous child and legally adopted.

2. The terms ‘Father’ and ‘Mother’ (or ‘parents’) used in the above or any other

Regulations in this Sub-section shall also be deemed to include such putative

parents (or surviving parents as the case may be) as had not contracted a

lawful marriage but were living as husband and wife at the time of, or got

lawfully married subsequent to, the conception of the deceased personnel of

the Army.

3. Widowed/divorced daughter including disabled widowed/divorced daughter

shall not be required to come back to her parental home. Family pension to a

widowed/divorced daughter is payable provided she fulfils all eligibility

conditions at the time of death/ineligibility of her parents and on the date of

her turn to receive family pension comes. [Auth: GoI, MoD ID No.

1(9)/2013/D(Pen/Pol) dated 16.09.2015 read with P&PW OM No. 1/13/09-P&PW(E ) dated

11.09.2013.] [CS- 167 /2020]

4. Children who are dependent on the Government servant/pensioner or his/her

spouse ie. not earning equal to or more than the sum of minimum family

pension and dearness relief thereon and meet other conditions of eligibility for

family pension at the time of death of the Government servant or his/her

spouse, whichever is later, shall be eligible for family pension. If two or more

children are eligible for family pension at that time, family pension will be

payable to each child on his/her turn provided he/she is still eligible for family

pension when the turn comes. [Auth: GoI, MoD ID No. 1(9)/2013/D(Pen/Pol) dated 16.09.2015 read with P&PW OM No. 1/13/09-P&PW(E ) dated 11.09.2013.] [CS- 168 /2020]

SPECIAL FAMILY PENSION TO PHYSICALLY/MENTALLY HANDICAPPED

65

CHILDREN

108. If the son or daughter of Service personnel is suffering from any disorder or

disability of mind including mentally retarded or is physically crippled or disabled so as to

render him/her unable to earn a living even after attaining the age of twenty-five years, the

special family pension shall be payable to the child for life in the order set out in

Regulation [113(b)] 109(ii) [Auth: Typographical error] [CS- 204 /2020]of these Regulations and

also subject to the following conditions:

(a) The special family pension shall be paid to such son or daughter through the

guardian as if he or she were a minor except in the case of the physically crippled or

disabled son/daughter who has attained the age of majority. However, in the case of a

mentally retarded son or daughter, the family pension shall be payable to a person

nominated by the Officer or the pensioner, as the case may be, and in case no such

nomination has been furnished to the Army Head Quarters by such Officer or pensioner

during his life time, to the person nominated by the spouse of such Officer or family

pensioner, as the case may be, later on.

(b)(i) If such son or daughter is one among two or more children of the Officer, the

family pension shall be initially payable to the minor children in the order set out in

Regulation [113(b)] 109(ii) [Auth: Typographical error] [CS- 204 /2020]until the last minor child

attains the age of 25 years, and thereafter the family pension shall be resumed in favour

of the son or daughter, who is physically crippled or disabled and shall be payable to

him/her for life.

(ii)if there are more than one such son or daughter suffering from disorder or

disability of mind including mentally retarded or who are physically crippled or disabled,

the family pension shall be paid in order of their birth and the younger of them will get the

family pension only after the elder next above him/her ceases to be eligible.

(c)Before allowing the special family pension for life to any such son or daughter,

the Appointing Authority shall satisfy himself that the handicap is of such a nature so as to

prevent him/her from earning his livelihood and the same shall be evidenced by a

certificate obtained from a Medical Board comprising of a Medical Superintendent or a

Principal or a Director or Head of the institution or his nominee as Chairman and two other

members, out of which at least one shall be a Specialist in the particular area of mental or

physical disability including mental retardation setting out as far as possible, the exact

mental or physical condition of the child in the prescribed Medical certificate as per

Appendix III-A[Form No. AFMSF-HD(1)]. [Auth: MoD letter No. 906-A-D (Pen/Ser)/05 dated 13.08.2008] [CS- 08 /2020]

(d)The person receiving the special family pension as a guardian of such son or

daughter or such son or daughter not receiving the special family pension through

guardian, shall produce a certificate from a Medical Board comprising of a Medical

Superintendent or a Principal or a Director or Head of the institution or his nominee as

Chairman and two other members, out of which at least one shall be a Specialist in the

particular area of mental or physical disability including mental retardation, once, if the

disability is permanent and if the disability is temporary, once in every five years, to the

effect that he/she continues to suffer from disorder or disability of mind or continues to be

physically crippled or disabled.

66

Note: A certificate of guardianship issued in respect of persons with Autism, Cerebral

Palsy, Mental retardation and Multiple disabilities issued under National Trust Act

by local level Committee is acceptable.

(e) On dissolution of marriage of the disabled daughter, she would be eligible for

family pension for life from the date of her marriage stands annulled, subject to the

following conditions:-

(i) Divorce is valid in law.

(ii) Divorced daughter shall not be required to come back to parent’s home.

(iii) Disability is certified by an appropriate authority as required under this

Regulation.

(f) The disabled widowed daughter shall be eligible for special family pension for

life from the date of death of her husband even after attaining the age of 25 years of age

subject to all other conditions prescribed in the case of son/daughter.

Explanations:

1. For the purpose of grant of special family pension under this Regulation, the

disability that manifests itself before or after the retirement or death of the service

personnel shall be taken into account. This benefit will also be admissible to the

eligible disabled children whether born before or after retirement.

[2. A disable son/daughter shall become ineligible for special family pension under this Regulation

from the date he/she gets married.] Explanations No. 2 of Regulation 69(e) may be deleted w.e.f. 24.09.2012. [Auth: GoI, MoD letter No. 02(03)/2010-D(Pen/Policy) dated 17.01.2013] [CS- 138 /2020]

3. Special family pension payable under this Regulation shall be stopped from the

date of his/her earning [more than Rs. 2550/- per month.] is equal to minimum ordinary family

pension alongwith dearness relief there on as sanctioned from time to time. [Auth:Mod

letter No. 1(22)/2009/D(Pen-Legal) dated 16.12.2009] [CS- 81 /2020]. It shall be the duty of the

guardian or son or daughter to furnish a certificate to the Pension Disbursing Authority,

annually to the effect that:

(i) he has not started earning his livelihood. [(ii) he has not yet married.] [Auth: GoI, MoD letter No. 02(03)/2010-D(Pen/Policy) dated

17.01.2013] [CS- 140 /2020]

Sub-section II – Regular Commissioned Officers

CONDITIONS FOR ELIGIBILITY TO SPECIAL FAMILY PENSION AND

DEPENDANT PENSION

109. Special family pension to the widow and children and dependant pension to parents

and brother/sister shall be granted subject to the conditions indicated below:

(i) Widow -till her widowhood, also refer Regulation 114.

(ii)Children – (a) In the case of eligible son or daughter including

widowed/divorced daughter, till he/she attains the age of 25 years or upto the date

of his/her marriage/re-marriage, or till the date he/she starts earning livelihood [Auth: Para 11.1(c)of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 read with Para 13(d) of

67

MoD letter No. 1(5)/87/D (Pen/Ser) dated 30.10.1987] [CS- 38 /2020] whichever is earlier.

(b) The unmarried daughter above 25 years of age / widowed/ divorced/ disabled

daughter irrespective of her age would also be eligible for family pension for life,

subject to conditions that her monthly earning from all sources is less than [Rs.

2550/- per month.] the amount equal to minimum ordinary family pension alongwith

dearness relief thereon as sanctioned from time to time. [Auth: Para 11.2 of MoD

No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 39 /2020]

Note: Family Pension shall be payable only after the other eligible children below

the age of 25 years have ceased to be eligible to receive family pension and

that there is no disabled child to receive the family pension.

(iii) Parents - For life and in the case of a mother who remarries, upto the date of

re-marriage.

(iv) Brother/Sister-In the case of an unmarried brother/unmarried sister upto the

date he/she attains the age of 25 years or until he/she gets married, whichever is

earlier and has not started earning his lively hood.

Note: Dependant pension to brother/sister may be continued beyond the age of 25

years or granted beyond that age under the same conditions as for children

if they are incapable of self-support by reason of mental or physical

infirmity.

SPECIAL FAMILY PENSION/DEPENDANT PENSION ADMISSIBLE TO ONLY

ONE MEMBER OF FAMILY AT A TIME

110. Except as provided in Regulation 114and Regulation 117 of these Regulations, the

special family pension/dependant pension shall be payable to only one member of the

family at a time as under:

(i) a special family pension to widow/widower;

(ii) in the absence of widow/widower, special family pension to eligible children

in the order of birth irrespective of sex of the child and the younger of them

will not be eligible unless the elder above him/her becomes ineligible ;

(iii) in the absence of the widow/widower/children, dependant pension to parents if

they were largely dependent on the deceased .

(iv) in the absence of above relations so eligible, dependant pension to brother

sister if they were largely dependent on the deceased.

Note: Dependant pension to brother/sister shall be granted to senior most brother/sister

irrespective of sex.

PENSION OF A WIDOW WHO DIES BEFORE ESTABLISHING HER CLAIM

111. If the claim of a widow fails to establish through her negligence or omission, to be

established before her death, the amount of pension to which she would have been entitled,

if living, shall not be allowed to her representatives.

68

WHEN PAYMENT OF SPECIAL FAMILY PENSION/ DEPENDANTS PENSION

CEASES

112. The payment of special family pension or dependant’s pension shall cease when the

recipient ceases to fulfill the conditions of eligibility under Regulation [110] 109 [Auth:

Typographical error] [CS- 251 /2020] or on his death, whichever is earlier.

RATES OF SPECIAL FAMILY PENSION

113. Special family pension shall be calculated at the uniform rate of 60% of

reckonable emoluments subject to a minimum of Rs. 2550/- per month. w.e.f 01.01.1996,

Rs. 7,000/-Per Month w.e.f 01.01.2006 & Rs. 18000/- w.e.f 01.01.2016 per month [Auth: MoD No. 16(6) /2008(2)/D (Pen/Pol) Dt. 05.05.2009 & MoD Letter No. 16(3) /2017/D(Pen/Pol) dated

29.01.2019] [CS- 82 /2020] SPECIAL FAMILY PENSION ON RE-MARRIAGE OF WIDOW

114. Special family pension on re-marriage of widow shall be regulated as under:-

(i) If widow has child(ren):-

(a) If she continues to support

children after re-marriage

Full special family pension.

(b) If she does not support children

after re-marriage

Ordinary fami l y p en s io n equal t o

30% of emoluments last drawn to the re-

married widow. 50% of the special family

pension to the eligible children.

(ii) If widow has no child(ren):- Full special family pension.

Note 1: Special family pension in respect of those widows who remarried prior to

01.01.1996 will be restored w.e.f. 20.01.2009. [Auth: MoD Letter No. 1(1)/2001-

D(Pen/Pol) dated 20.01.2009.] [CS- 49 /2020]

Note 2: Special family pension to widower on his remarriage is not admissible. [Auth: MoD

letter No. 1(11)2011/D(P/P) dated 04.04.2011.] [CS- 115 /2020]

RATE OF DEPENDANT’S PENSION

115. (a) Dependant’s pension shall be admissible to the parent(s)/eligible brothers and

sisters of the deceased Officer at a rate equal to 50% of the notional special family pension

that would have been admissible as per Regulation 113 above.

(b). There shall be no condition of means limit for grant of dependent pension to parents,

brother and sister of the deceased Officer who was a bachelor or widower without

children provided they were largely dependent on the deceased Officer for support and

are in pecuniary need. A self-attested declaration on any normal paper on format

published as Appendix VII of these Regulations from the dependent parents/eligible

brother/sister shall be furnished which shall be treated as sufficient proof in the matter

for grant of dependent pension.

69

DIVISION OF SPECIAL FAMILY PENSION

116. (a)If an Officer leaves behind more than one widow who are eligible for special

family pension, the pension may, by order of the Integrated Headquarters, Ministry of

Defence (Army)., be divided amongst them.

(b)If in a case where a special family pension has been so divided, one of the

recipients dies or is disqualified, her share of the special family pension may, at the

discretion of the Integrated Headquarters, Ministry of Defence (Army), be paid to other

recipient or if there is more than one recipient, be divided amongst them.

Sub-Section-III : Personnel Below Officer Rank

NOMINATION OF AN HEIR TO SPECIAL FAMILY PENSION

117. (a)Personnel Below Officer Rank may nominate any, one, of the members of the

family specified in clauses (i) to (v) of Regulation 107, as heir to the special family

pension.

Provided that a Gorkha recruited from, or whose family resides in Nepal may,

nominate in addition, another relative from amongst those specified in Regulation 107, as

an alternative heir to special family pension. The second heir shall, however, be treated as

a nominated heir only if the first is dead or disqualified on the date on which the Principal

Controller of Defence Accounts (Pensions) decides that the claim to special family pension

is admissible.

(b)The individual may change the nomination in favour of another eligible heir at

any time during his service or after discharge.

ORIGINAL GRANT OF SPECIAL FAMILY PENSION

118. (a) Where there is a nomination –

(i) If on the date on which the Principal Controller of Defence Accounts

(Pensions) decides that the claim to special family pension is admissible,

the nominated heir is alive and eligible, the pension shall be granted to him

or her.

(ii) If on the date referred to above, the nominated heir is dead or disqualified,

the pension shall be granted to the heir who stands highest in the list of

living eligible heirs.

(iii) If an heir (other than the widow) who is nominated for the special family

pension, waives his or her claim in favour of the widow, the pension shall

be granted to her, provided she is eligible on the date referred to in sub

clause (i) above.

(b)Where there is no nomination -

The special family pension shall be granted to the living eligible heir who stands highest in

the list in Regulation 107 on the date on which the Principal Controller of Defence

Accounts (Pensions) decides that the claim to special family pension is admissible.

70

Provided where special family pension is to be granted to a son/daughter, the same

shall be granted to the eligible child in the order of his birth irrespective of the sex of the

child.

CONDITIONS OF ELIGIBILITY

119. Special family pension shall be admissible to the members of family subject to the

fulfillment of the following conditions:

(i) Widow – till her widowhood. Also refer Regulation 121.

(ii) Children: (a) In the case of an eligible son or daughter, till he/she attains the

age of 25 years or upto the date of his/her marriage or till the date he/she starts

earning [Auth: Para 11.1(c)of MoD No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008 read with

Para 13(d) of MoD letter No. 1(5)/87/D (Pen/Ser) dated 30.10.1987] [CS- 41 /2020]whichever is

earlier.

(b) The unmarried daughter above 25 years of age / widowed/ divorced/

disabled daughter irrespective of her age would also be eligible for family pension

for life, subject to conditions that her monthly earning from all sources is less than

[Rs.2550/- per month] the amount equal to minimum ordinary family pension alongwith

dearness relief thereon as sanctioned from time to time. [Auth: Para 11.2 of MoD

No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 40 /2020]

Note: .Family Pension shall be payable only after the other eligible children below

the age of 25 years have ceased to be eligible to receive family pension and

that there is no disabled child to receive the family pension.

(iii) Father – for life.

(iv) Mother – till her widowhood.

Note -1 A mother who is a widow at the time of her son’s death or who

becomes a widow thereafter and has not re-married remains eligible.

2 If the widowed mother had re-married before her son’s death, she

shall remain eligible for special family pension, unless and until she

again becomes a widow and re-marries.

(v) Brother and sister- till he /she attains the age of 25 years or upto the date

of marriage whichever is earlier and has not started earning his/her

livelihood.

RATES OF SPECIAL FAMILY PENSION

120. (a) Special family pension shall be calculated at a uniform rate of 60% of

reckonable emoluments last drawn subject to minimum of Rs.2550/- per month

w.e.f 01.01.1996, Rs. 7,000/-Per Month w.e.f 01.01.2006 & Rs. 18000/- w.e.f 01.01.2016

per month [Auth: MoD No. 16(6) /2008(2)/D (Pen/Pol) Dt. 05.05.2009 & MoD Letter No. 16(3)

/2017/D(Pen/Pol) dated 29.01.2019] [CS- 63 /2020]irrespective of whether widow has child(ren) or

not. There shall be no maximum ceiling of special family pension.

71

(b)In case children become the beneficiary, special family pension at the same rate

mentioned in clause (a) above shall be admissible to the senior most eligible child

thereafter special family pension shall pass on to the next eligible child.

SPECIAL FAMILY PENSION ON RE-MARRIAGE OF WIDOW

121. Special family pension on re-marriage of widow shall be regulated as under:-

(I)Where first life award sanctioned to widow:

(i) If she has child(ren):-

(a) If she continues to support children after re-marriage

Full special family pension to

continue

(b) If she does not support children

after re-marriage

Ordinary family pension equal to 30% of

emoluments last drawn to the re-married

widow. 50% of the special family

pension to the eligible children.

(ii) If widow has no children Full special family pension to continue .

(II) Where first life award sanctioned to parents:

(a) If widow continues to support

child(ren) after re-marriage or has no

issue

50% of special family pension to

parents and 50% of special family

pension to widow

(b) If widow does not support children

after re-marriage but child(ren) are

supported by the parents

Full special family pension to

parents and ordinary family

pension to widow.

(c) If child(ren) are not supported either

by, widow or the parents

50% of special family pension to

parents , [Auth: Para 5.8(b)(ii)(ac) of

GoI, MoD No. 1(2)/97/D(Pen-C) dated

31.01.2001] [CS- 258 /2020]

50% of special family pension to

eligible children and

Ordinary family pension to widow (d) On death or disqualification of

parents and the widow supports the

child(ren) or has no issues.

Full special family pension to

widow

(e) On death or disqualification of parents

and the widow does not support

children

Full special family pension to

eligible child(ren) and ordinary

family pension to widow

DATE FROM WHICH THE SPECIAL FAMILY PENSION PAYABLE

122. (a) The original grant of special family pension shall be made as first life award

from the date following that of casualty which created the claim, to the nominated heir and

in the absence of nomination, to the heir highest in the order of precedence on the date

referred to in Regulation 118(b) .

72

(b) If on the date of casualty referred to in clause (a) above, all the eligible

members are dead or disqualified, the arrears of special family pension may only be paid at

the discretion of the Central Government.

(c) In no case the claims preferred after disqualification shall be entertained.

WHEN PAYMENT OF SPECIAL FAMILY PENSION CEASES

123. The payment of special family pension shall cease when the recipient ceases to

fulfill the conditions of eligibility under Regulation 119 or on his death, whichever is

earlier.

ELIGIBILITY OF RECRUITS AND BOYS

124. Special family pension shall be admissible in respect of recruits and Boys at the

rate and under the conditions applicable to the Sepoy of the lowest group.

INDIVIDUAL REMUSTERED FROM A HIGHER TO A LOWER GROUP

125. The special family pension in respect of an individual, who was remustered from a

higher to a lower group on being declared surplus after rendering 15 years or more

qualifying service, may be assessed, where more favourable than the awards otherwise

admissible, on emoluments drawn in the rank and group held on the date he was declared

surplus.

TRANSFER OF SPECIAL FAMILY PENSION

126. When for any cause a special family pension ceases to be payable to an heir other

than the widow, it shall be transferred to the widow at the same rate provided she is not

disqualified under Regulation 119.

CONTINUANCE OF SPECIAL FAMILY PENSION TO PARENTS/ BROTHERS

/SISTERS

127. (a) After the expiry of the first life award of special family pension to an eligible

member, second life award of special family pension may be granted to the parents and in

his absence to the brothers/sisters. Provided the claimant was largely dependent on the

deceased for support and is in pecuniary need. A self-attested declaration on any normal

paper on format published as Appendix VII of these Regulations from the dependent

parents/eligible brother/sister shall be furnished which shall be treated as sufficient proof

in the matter for grant of continuance of special family pension.

(b) Second life award shall be admissible only to one eligible member and on his

death/disqualification; it shall not be continued to any other heir.

(c) When both the parents are alive, second life award shall be payable to the father

if he is otherwise eligible. It shall be payable to the mother only when father is not alive.

(d) In the case of brothers/sisters, second life award shall be payable to the eldest

73

eligible brother/sister.

(e) The second life award shall be granted from the date following the date of death

or from the date of disqualification of first life awardee.

RATE OF CONTINUANCE AWARD

128. The rate of second life awards of special family pension to the parents of deceased

irrespective of single or both and in the absence of parents, to the eligible brother and sister

of the deceased shall be at the rate eq u a l to 50 per cent of the special family pension as

admissible.

PENSION INTENDED FOR THE WHOLE FAMILY

129. Special family pension is intended for the support of all the eligible members of a

family irrespective of in whose name it stands.

DIVISION OF SPECIAL FAMILY PENSION

130. (a) If the recipient of special family pension refuses to contribute proportionately

towards the support of other eligible heirs in the family who were dependent on the

deceased, or if the pension is in the name of the child but not devoted to the interest of the

family generally, the competent authority may, on the basis of verification/investigation

report rendered by the Zila Sainik Board/Recruiting Organization and supported by the

statement of any one of the under mentioned Local Civil Authorities, divide at his

discretion, the special family pension among the eligible heirs of the deceased:

(i) Sarpanch of a Village;

(ii) Any serving or retired Gazetted Officer, Civil or Military, including a

Junior Commissioned Officer.

(iii) Sub Post Master;

(iv) Qanungo or Patwari/Lekhpal;

(v) Sub-Inspector of Police;

(vi) A Member of Municipal Corporation or Committee or a Zila

Parishad/District Board;

(vii) Panchayat President/Village Munsif/ Patel/ Village Officer/Panchayat

Executive Officer.

(viii) Member of Lok Sabha, Rajya Sabha, Vidhan Sabha or Vidhan Parishad;

(ix) Oath Commissioner/Notary Public.

Notes:1. The competent authority may order similar division of special family pension at

the time of initial grant, if at the time of initial investigation of a claim, it is found

that the nominated heir is not living a communal life with other eligible heirs, or

he is not willing to contribute proportionately towards his support.

2. In the event of a division of special family pension, the widow’s share shall not

be less than the normal rate of ordinary family pension that would have been

admissible to her had the death not been held as attributable to service.

(b) The division of special family pension as per clause (a) above, shall hold good

only for the period during which the pension is payable to the original recipient under the

Regulation governing its grant. If during this period one of the parties to the division

74

(other than the original recipient) is disqualified or dies, his or her share shall be restored to

the original recipient, if he or she is the only one living, or shall be divided among the

remaining recipients, if there are more than one.

EX- GRATIA AWARDS TO OTHER RELATIVES

131. (a) An ex-gratia award may be sanctioned to foster parents and step child of an

individual, subject to the condition that the claimant was largely dependent on the

deceased for support at the time of death and is in pecuniary need. A self-attested

declaration from the foster parent shall be furnished on any normal paper as in Appendix

VII to these Regulations, which shall be treated as sufficient proof in the matter for grant

of ex-gratia award. The rate of ex-gratia award admissible to foster parents shall be equal

to 50% of the special family pension as specified in Regulation 120(a).

(b) An award under clause (a) above shall not be made if special family pension is

admitted to a member of the family specified in Regulation 107.

SECTION – 4 : Liberalised Family Pensionary Awards

EXTENT OF APPLICATION

132. (a) In case of death of Service personnel under the circumstances mentioned in

category ‘D’ & ‘E’ of Regulation 82 of these Regulations, the eligible member of the

family shall be entitled to the liberalised family pension as enumerated in this Section.

(b) If Service personnel, having sustained an injury in war or war like operations

mentioned above, is invalided out of service with war injury pension and subsequently dies

within seven years from his invalidment [Auth: Rule 8 of Entitlement Rule issued under GOI MoD

letter No. 1(3)/2002/Vol.III/D(Pen/Pol) dated 18.01.2010] [CS- 89 /2020]as a result of the same injury

he shall be deemed to have been killed in action for grant of liberalised family pensionary

awards

(c) All other conditions governing the grant of special family pension shall also

apply.

AMOUNT OF LIBERALISED FAMILY PENSION IN RESPECT OF OFFICERS

133. (a) If an Officer is survived by the widow, she will be entitled to liberalised

family pension equal to the reckonable emoluments last drawn by the deceased Officer.

(b) Liberalised family pension on re-marriage of widow of the deceased Officer

shall be regulated as under: -

(i) If she has child(ren):-

(a) If she continues to support

children after re-marriage

Full liberalised family

pension.

(b) If she does not support children

after re-marriage

(i) Ordinary family pension equal to

30% of emoluments last drawn to the

widow.

(ii) special family pension equal to 60%

75

of emoluments last drawn to eligible

children.

(ii) If widow has no child(ren):- Full liberalised family pension to continue

to widow.

(c) If the Officer is not survived by widow but is survived by child/children only,

all children together shall be eligible for liberalised family pension at the rate equal to 60%

of reckonable emoluments. Liberalised family pension shall be payable to the children for

the period during which they would have been eligible as in the case of special family

pension. This shall be paid to the senior most eligible child irrespective of sex of the child

at a time. On his death /disqualification, it shall pass on to the next eligible child at the

same rate and the younger of them will not be eligible for special family pension unless

the elder above him/her becomes ineligible.

Note:- Unmarried/widowed/divorced daughter shall also be eligible for grant of liberalised

family pension beyond 25 years of age subject to fulfilment of other prescribed conditions.

All unmarried/widowed/ divorced daughters, who were earlier sanctioned or otherwise

eligible for children allowance, shall be sanctioned liberalised family pension subject to

other conditions. The children allowance, if being paid, shall be discontinued from the date

liberalised family pension is sanctioned. [Auth: MoD letter No. 2(2)/2012/D(P/P) dated 14.12.2012]

[CS- 128 /2020]

(d) When an Officer dies as a bachelor or as a widower without children, dependent

pension will be admissible to parents without reference to his pecuniary circumstances at

the rate of 75% of liberalised family pension for both parents and at the rate of 60% of

liberalised family pension for single parent. On the death of one parent, dependant’s

pension at the latter rate will be admissible to the surviving parent. In the absence of

parents, dependent pension shall be admissible to dependent brother(s)/sister(s), if

otherwise eligible, at the rate of 60% of liberalised family pension.

[Note: The Integrated Headquarters, Ministry of Defence (Army) may, on a representation made by either or

both the parents of a deceased Officer, divide the liberalized special family pension between the widow

and parents provided that the share of either or both the parents, as the case may be, shall not exceed the

amount of dependent pension and the share of widow shall not be less than the amount of special family

pension.] delete note being duplication of Regn 133-A [Auth: duplication of 133-A] [CS- 205 /2020]

DIVISION OF LIBERALISED FAMILY PENSION IN RESPECT OF OFFICER

133-A If on representation made by either or both of the parents of a deceased officer,

Government, after making such investigation as they deem necessary, are satisfied that the

officer, while he was alive, was contributing towards the maintenance of the parents and

that the widow receiving the liberalized family pension is not doing so, then Government

may, at their discretion, divide the liberalized family pension between the widow and the

parents in such proportion as they may decide fit, provided that the share of either or both

of the parents as the case may be, shall not exceed the amount of dependent pension which

would have been admissible to them under Regulation 115 as the officer had died as a

bachelor but killed in action, and his death has been accepted as attributable to service

factors, and that the share of the widow shall not be less than the amount of special family

pension which would have been admissible to her under Regulation [114] 113 [Auth:

Typographical error.] [CS- 219 /2020]

AMOUNT OF LIBERALISED FAMILY PENSION IN RESPECT OF PERSONNEL

76

BELOW OFFICER RANK

134. (a) In case of death of a Personnel Below Officer Rank, the eligible member of the

family shall be entitled to liberalised family pension equal to reckonable emoluments last

drawn by the deceased. Liberalised family pension at this rate shall be admissible to the

nominated heir until death or disqualification.

(b) If an individual is not survived by widow but is survived by child (ren) only, all

children together shall be eligible for liberalised family pension at the rate equal to 60% of

reckonable emoluments last drawn subject to a minimum of Rs. 7000.00 per month w.e.f

01.01.2006 & Rs. 18000/- w.e.f 01.01.2016 per month [Auth: Para 9.3 of MoD letter No. 16(6)

/2008(2)/D (Pen/Pol) Dt. 05.05.2009 read with MoD Letter No. 16(3) /2017/D(Pen/Pol) dated 29.01.2019]

[CS- 64 /2020]. Liberalised family pension to children shall be payable to the child/children

for the period during which, they would have been eligible as in the case of special family

pension. The liberalised family pension shall be paid to the senior most eligible child at a

time. On his death/disqualification it shall pass on to next eligible child and the younger

of them will not be eligible for special family pension unless the elder above him/her

becomes ineligible.

Note: In case the eligible child is physically or mentally handicapped and unable to earn

livelihood, the liberalised family pension @ 60% of reckonable emoluments shall

be admissible to such child for life as laid down in Regulation 108 above. Child

includes widowed/divorced daughter irrespective of her age and unmarried

daughter above 25 years of age.

LIBERALISED FAMILY PENSION ON RE-MARRIAGE OF WIDOW

- PERSONNEL BELOW OFFICER RANK

135. Liberalised family pension on re-marriage of widow of a Personnel Below Officer

Rank shall be regulated as follows-

(a) If liberalised family pension is sanctioned as first life award to widow:

(I) If she has children

(a) If she continues to support children after re-marriage

Full liberalised family pension to continue to widow

(b) If she does not support children after re-marriage

(i) Ordinary family pension equal to 30% of emoluments last drawn, to the widow

(ii) Special family pension equal to

60% of emoluments last

drawn, to eligible children

(II) If widow has no child (ren) Full liberalised family pension to continue to

widow.

(b) Where first life award is sanctioned to parents: The admissibility of liberalised

family pension in such cases, would be regulated depending upon the [time] period [Auth:

Typographical error.] [CS- 367/2020] of widow’s re-marriage as follows:-

(i) If widow continues to support the children or has no children:

77

Widow shall get liberalised family pension equal to special family pension (i.e.60% of

liberalised family pension or reckonable emoluments) from the date o f re- marriage

and parents shall also get family pension @ 60% of liberalised family pension for the

balance of 7 years if the re-marriage of widow takes place during 7 years of casualty. After

the period of 7 years or where re-marriage of widow took place after 7 years, the widow

shall get family pension @ 60% of liberalised family pension and parents shall get

family pension @ 30% of liberalised family pension. On death or disqualification of

parents, widow shall get family pension equal to the liberalised family pension.

(ii) If widow does not support the children:

Widow shall get ordinary family pension (i.e. 30% of reckonable emoluments) for life

from the date of re-marriage and the parents shall continue to get first life award at the

same rate (i.e. full liberalised family pension) for balance of 7 years where re-marriage

takes place within 7 years of casualty, provided they support the children. Otherwise, the

entitlement of parents shall be equally divided between the parents and children. After the

period of 7 years of casualty or where re-marriage of widow takes place after 7 years of

casualty, parents shall get family pension @ 60% of liberalised family pension provided

they support the children otherwise it shall be divided equally between the parents and

children. On death/ disqualification of parents of the deceased, the senior most

eligible child shall get family pension @ 60% of liberalised family pension.

SECOND LIFE AWARD OF LIBERALISED FAMILY PENSION IN RESPECT OF

PERSONNEL BELOW OFFICER RANK.

136. Second life award of liberalised family pension in respect Personnel Below Officer

Rank shall be regulated as under:

(a) If the first recipient (other than the parents) of the family pensionary award

dies/is disqualified earlier than 7 years (counting from the date of casualty), the award shall

be continued at the same rate to the parents as second life award, if still alive, for the

balance of 7 years without any reduction. After the initial period of 7 years, the second life

award shall be continued at the rate of 60% of the liberalised family pension.

(b) Where the first life award was given to a parent and the widow remarries, the

liberalised family pension shall be regulated depending upon the time of widow’s re-

marriage as follows:-

(i) If Widow continues to support the children or has no child: - Widow

shall get family pension equal to special family pension (i.e. 60% of

liberalised family pension or reckonable emoluments) from the date of re-

marriage and the parents shall also get family pension at the rate of 60% of

liberalised family pension for the balance of 7 years if the re-marriage of widow

takes place during 7 years of casualty. After the period of 7 years or where re-

marriage of widow took place after seven years, widow shall get family pension

@ 60% of liberalised family pension and parents shall get family pension at the

rate of 30% of liberalised family pension. On death or disqualification of

parents, widow shall get family pension equal to the liberalised family pension

for life.

(ii) If Widow does not support the children:- Widow shall get ordinary family pension (i.e. 30% of reckonable

78

emoluments) for life from the date of re-marriage and the parents shall continue

to get first life award at the same rate (i.e. full liberalised family pension) for

balance of 7 years where re-marriage takes place within 7 years of casualty,

provided they support the children. Otherwise, the entitlement of parents shall

be equally divided between the parents and children. After the period of 7 years

where re-marriage of widow takes place after seven years of casualty, parents

shall get family pension at the rate of 60% of liberalised family pension

provided they support the children, otherwise it shall be divided equally

between the parents and the children. On death/disqualification of parents of the

deceased, the senior most eligible child shall get family pension at the rate of

60% of liberalised family pension.

Note: Wherever children become beneficiary the award shall be continued for a period and

subject to conditions as applicable for grant of special family pension.

79

SECTION – 5 : Family Gratuity to service personnel

FAMILY GRATUITY WHEN PAYABLE

137. Family gratuity shall be granted in addition to special/liberalised family pensionary

awards to the family of Service personnel who-

(i) is killed in action; or dies of wounds sustained in action, or

(ii) is killed while on flying duty or parachute jumping duties from an aircraft

or while being carried on duty in an air craft (civil or service), under proper

authority, or dies of injuries sustained in such circumstances; or

(iii) though not serving in a field area, dies of a cause attributable to

circumstances which, in the opinion of the Central Government, are similar

to those encountered on field service or in operations; or

(iv) suffers a violent death while employed in aid of civil power; or and the

circumstances mentioned in category ‘D’ of Regulation 82 of these

Regulations.

(v) dies while laying or clearing land or sea mines; or

(vi) dies while on diving duty; or

(vii) dies while on duty in a submarine or while being carried on duty in

submarine under proper authority; or

(viii) dies due to injuries sustained in the circumstances mentioned in category E

of Regulation 82 of these Regulations.

Provided that family gratuity shall not be granted in cases under items (ii) and (iii)

above, if the death of the service personnel is due to his own serious negligence or

misconduct.

Explanations:

1. Service personnel employed on the work of disposal by demolition, burning,

burial, breakdown or dumping of unserviceable stock of explosives, shall be deemed to be

on field or operational service for the purpose of eligibility to family gratuity under item

(iii) above.

2. Service personnel whose death occurs as a result of wound or injury sustained

while taking part in battle inoculation training or demonstration with live ammunition

where safety distances are reduced for realism in training, shall, for the purpose of grant of

family gratuity, be deemed to be covered under item (iii) above i.e., his death shall be

accepted as due to a cause attributable to circumstances similar to those encountered on

field service or in operations.

3. Eligible family members of Service personnel who reported missing as a result

of operations against the enemy and who are ultimately presumed or established to have

been killed in action or to have died of wounds received in action, shall be granted family

gratuity at the rates and under the conditions laid down in this Regulation. If, however, the

individual is found alive subsequently, the case shall be reported to Government for orders

regarding adjustment of family gratuity paid to eligible member.

80

FAMILY GRATUITY – TO WHOM PAYABLE

138. (a) Family gratuity shall be payable to the recipient of the special/liberalised

family pension.

(b) If, on the date on which the Principal Controller of Defence Accounts

(Pensions) decides that the claim to a special/liberalised family pension is admissible

but all the members in the list of eligible heirs have died or become disqualified, the

family gratuity shall only be payable to legal heirs under the orders of the Central

Government.

RATE OF FAMILY GRATUITY

139. (a) The rates of family gratuity payable to family of an Officer are given in

the table below:

Lump sum rate of family gratuity: -

Ranks

Where ex-gratia lump sum is Paid under Regulation140 of these Regulations

Where ex-gratia lump sum is no under Regulation 140

Widow/ Children Parents Widow/ Children Parents

Rs Rs Rs Rs

Lieutenant 2,000 1,000 3,000 1,500 Captain 2,670 1,335 4,500 2,250 Major 4,000 2,000 6,500 3,250 Lt. Colonel 6,000 3,000 8,000 4,000 Colonel 8,000 4,000 9,500 4,750 Brigadier 10,670 5,335 11,000 5,500 Major General 13,000 6,500 13,000 6,500 Lieutenant General 14,500 7,250 14,500 7,250 General 16,000 8,000 16,000 8,000

(b) The rates of family gratuity payable to family of a Personnel Below Officer

Rank (other than Defence security corps) are given in the table below:

Rank

Lump sum rates of Family Gratuity Where ex-gratia is paid under

Regn 140 of these Regulations.

(Rs.)

Where ex-gratia is not paid under

Regulations 140 of these Regulations.

(Rs.) Honorary Captain 1,200 1,600 Honorary Lt. 1,200 1,500 SubedarMajor/Risaldar/Major 1,200 1,400 Subedar/ Risaldar 1,200 1,300 Naib Subedar 600 1,000 Dafadar /Havildar 400 650 Lance Dafadar/ Naik 300 550 Sowar/ Sepoy 250 450 Boys/Recruits 250 450

81

SECTION – 6 : Ex-gratia lump-sum Compensation to families of service personnel

WHEN ADMISSIBLE

140. (a) Payment of ex-gratia lump-sum compensation is admissible to families when

service personnel concerned died in harness in specified circumstances in the actual

performance of bonafide official duties where a causal connection and nexus exists between

the occurrence of death and military service..

(b) If service personnel had died in such circumstances that a medical report could

not be secured, the nexus and causal connection with military service would need to be

adequately established in determining the entitlement to the ex-gratia lump-sum payment.

In deciding this issue, all evidence (both direct and circumstantial) shall be taken into

account and the benefit of reasonable doubt more liberally be given to the claimant

Notes: 1. Ex-gratia lump sum is payable to the next of kin where death occurs in an

accident while traveling on duty by service aircraft. The payment of ex-gratia

in these cases will be without prejudice to the bond required to be executed by

the service personnel, if any, indemnifying the Government against any claims

on account of death while traveling by service aircraft.

2. Default or contributory negligence, if any, on the part of the service personnel

concerned shall not be taken into account in sanctioning the compensation.

Explanation :

In case of accidents while traveling by commercial aircraft resulting in death of

service personnel, compensation is not payable to the next of kin under these Regulations

as compensation is payable by the national or private airline concerned in terms of

international conventions.

RATE OF EX-GRATIA LUMP SUM COMPENSATION

141. (a) Ex-gratia lump-sum compensation is payable at the following rate to the

families of service personnel who die in harness in the performance of official duties:-

(i) Death occurring due to accidents in the course of

performance of duties.

Rs. 5 lakhs.

(ii) Death occurring in the course of performance of duties

attributable to acts of violence by terrorists, anti-social

elements etc.

Rs. 5 lakhs.

(iii) Death occurring during (a) border skirmishes and

(b) action against militants, terrorists, extremists

etc.

Rs. 7.5 Lakhs

(iv) Death occurring during enemy action in International

war or such war like engagement which are

specifically notified by Ministry of Defence.

Rs. 10Lakhs

82

The revised rates of ex-gratia lump-sum-compensation w.e.f. 01.01.2006 are as follows:

Sl. No. Circumstances Rates in (Rs)

(i) Death occurring due to accidents in course of duties

10 Lakhs

(ii) Death in the course of duties attributable to acts of violence by terrorists, etc.

10 Lakhs

(iii) Death occurring during enemy action in war or border skirmishes or in action against militants, terrorists, etc.

15 Lakhs

(iv) Death occurring while on duty in the specified high altitude, inaccessible border posts, etc. on account of natural disasters, extreme weather conditions.

15 Lakhs

(v) Death occurring during enemy action in International war or war like engagements, specifically notified.

20 Lakhs

[Auth: GoI, MoD letter No. 20(5)/2009/D(Pay/Services) dated 04.06.2010] [CS- 98 /2020].

The revised rates of ex-gratia lump-sum-compensation w.e.f. 01.01.2016 are as follows:

Sl. No. Circumstances Rates in (Rs)

(i) Death occurring due to accidents in course of performance of duties

25 Lakhs

(ii) Death in the course of performance of duties attributed to acts of violence by terrorists, anti-social elements etc.

25 Lakhs

(iii) Death occurring in border skirmishes and action against militants, terrorists, extremists, sea pirates.

35 Lakhs

(iv) Death occurring while on duty in the specified high altitude, inaccessible border posts, on account of natural disasters, extreme weather conditions.

35 Lakhs

(v) Death occurring during enemy action in war or such war like engagements, which are specifically notified by Ministry of Defence and death occurring during evacuation of Indian Nationals from a war-torn zone in foreign country.

45 Lakhs

[Auth: GoI, MoD letter No. 20(2)/2016/D(Pay/Services) dated 02.11.2016]. [CS- 174 /2020]

(b) The admissibility of and entitlement to the ex-gratia lump-sum compensation in

the circumstances specified in these Regulations may be decided in each individual case by

the Principal Controller of Defence Accounts (Pensions).

[(c) The ex-gratia compensation admissible in terms of clause (a) above shall be reduced by the

compensation, if any, received by the next of kin of service personnel killed in train accidents while traveling

on duty.] Deleted [Auth: Para 2 of MoD letter No20(5)/2009/D(Pay/Services) dated 17.08.2010] [CS- 101

/2020]

83

Notes: 1- Ex-gratia compensation under clause (a) (ii) above will be admissible to service

personnel killed while employed in aid of the civil administration in quelling

agitations, protest demonstrations, riots, etc., regardless of whether such

agitations, demonstrations, etc., are resorted to by members of the public,

political parties, etc., or by other public servant, including police personnel. In

addition, service personnel on duty could become unwitting victims of bomb

blasts in public places or vehicles, indiscriminate shooting incidents in public,

etc, often resorted to by terrorists, anti-social elements, etc. The compensation

under clause (a)(ii) will also, be admissible in cases of death in such incidents.

2- Cases of death resulting from acts of violence or assault by terrorists, anti-social

elements, etc. against Service personnel with the intention of deterring or

preventing him from performing his duties, or because of any act done or

attempted to be done by such service personnel in the lawful discharge of his

duties, or because of his official position is also covered under clause (a)(ii)

above.

3- Ex-gratia compensation under clause (a)(iii) above will generally be restricted

only to those cases where the death of the service personnel is directly caused

by actual field operations. Families of service personnel killed after being

kidnapped by militants, terrorists, extremists, etc. because of his official

position or with a view to spreading terror will also be entitled to the

compensation under this Regulation.

4- Few illustrative examples of cases to be covered under the different clauses

(a)(i) to (iv) above are contained in the statement published as in Appendix

VIII of these Regulations for the guidance of sanctioning authority. In case of

any doubt in regard to the applicability of the ex-gratia compensation scheme,

such cases will be referred to the Department of Pension & Pensioners’ Welfare

for appropriate decision in consultation with the Department of Expenditure.

5- The ex-gratia compensation in the circumstances specified in these Regulations

shall be admissible in addition to such other benefits as may be admissible

under the liberalised Pensionary Award Scheme as the case may be. This will

also be mutually exclusive of such other benefits as may be admissible under

the Group Insurance Scheme of the respective Defence Service Fund etc., and

will be payable in addition to such benefits.

6- Ex-gratia payments, if any, made to families of the deceased service personnel

from State funds by the State Government concerned shall not be taken into

account and shall be excluded.

[7- In certain cases, relief is also provided to families of deceased service personnel from sundry

Government sources, such as the Prime Minister’s Relief Fund, Chief Minister’s Relief Fund

etc. In such cases, it should be ensured that the aggregate of the relief/ex-gratia compensation

paid from different sources does not exceed Rs. 10 lakhs in each individual case.] Deleted [Auth: Para 2 of MoD letter No20(5)/2009/D(Pay/Services) dated 17.08.2010] [CS- 102 /2020]

84

EX-GRATIA LUMP SUM COMPENSATION ON INVALIDMENT

141-A The Defense Service personnel, who are disabled, incapacitated in the performance

of their bonafide official duties under various circumstances and are boarded out from

service on account of disability/war injury attributable to or aggravated by military service,

shall be paid Ex-gratia lump sum compensation amounting to Rs. 9 lakhs for 100%

disability. For disability/ war injury less than 100% but not less than 20%, the amount of

Ex-gratia compensation shall be proportionately reduced. No Ex-gratia compensation shall

be payable for disability/war injury less than 20%. The proportionate compensation would

be based on actual percentage of disability as certified by the Invaliding Medical Board,

without applying broad banding provisions as contained in 94(c) and 98 (c). The ex-gratia

lump-sum compensation will be admissible to service personnel who is invalided out of

service on or after 1.4.2011. [Auth: MoD letter No. 2(2)/2011/D(P/P) dated 26.12.2011] [CS- 117 /2020].

The revised rate of Ex-gratia lump-sum compensation w.e.f. 01.01.2016 is Rs. 20

Lakhs for 100% disability to the service personnel who is invalided out of service in actual

performance of bonafide duty with disability 20% or more. [Auth: Para 9 of GoI, MoD letter No.

17(02)/2016-D(Pen/Pol) dated 04/09/2017] [CS- 181 /2020].

85

CHAPTER-V

RETIREMENT GRATUITY AND DEATH GRATUITY

RETIREMENT GRATUITY WHEN ADMISSIBLE

142. (a) Service personnel who has completed 5 years actual qualifying service and is

eligible for retiring/service/invalid/special/disability/war-injury/liberalised disability

pension or retiring/service / invalid/special gratuity under these Regulations, shall be

granted on termination of his service, a retirement gratuity equal to one fourth of the

reckonable emoluments for each completed six monthly period of qualifying service,

subject to a maximum of 161/2 times the reckonable emoluments, provided that the

amount of retirement gratuity payable shall in no case exceed rupees 3.5 lakhs. The

maximum limit of all types of gratuity shall be Rs. 10 lakhs w.e.f 01.01.2006. [Auth: Para 8

of MoD letter No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008][CS- 42 /2020]. The maximum limit of all kinds of Gratuity i.e. Retiring/Retirement /Service/

Invalid/Special/Terminal/Death Gratuity from 01.01.2016 shall be Rs. 20 Lakhs. This

ceiling on gratuity shall be increased by 25% whenever the Dearness Allowance rises by

50% of the basic pay. [Auth: Para 7.1 of GoI, MoD letter No. 17(02) / 2016-D(Pen/Pol) dated

04.09.2017] [CS- 186 /2020].

(b) If a service personnel who is eligible for any kind of pension or gratuity as at (a)

above, dies within 5 years from the date of termination of his service and the sum actually

received by him upto the time of his death on account of such gratuity or pension

(including dearness relief) and the commuted value of any portion of pension commuted

by him, with the retirement gratuity admissible under clause(a) above, is less than the

amount equal to 12 times of his reckonable emoluments, a residual gratuity equal to the

deficiency shall be granted to his family in the manner indicated in Regulation 147 below.

(c) Retirement and death gratuity in the case of Commissioned officers shall be

calculated for actual qualifying service rendered for pension. In the case of Personnel

Below Officer Rank, it shall be admitted for actual qualifying service for pension plus 5

years weightage in qualifying service. [Auth: Para 5 of MoD No. 17(4)2008(2)/D(P/P)Dt. 30.10.2009

read with Mod No.17(4)2008(2) /D(P/P) dated 04.10.2010]. [CS- 107 /2020]

Explanation: -

The word “termination of Service” in this chapter mean release/

retirement/discharge / invalidment from service.

DEATH GRATUITY WHEN ADMISSIBLE

143. Death gratuity at the following rates shall be admissible in the event of death of

Service personnel while in service, to the family in the manner indicated in Regulation 147

below: -

Length of Qualifying Service Rate of Death Gratuity (i) Less than one year 2 times of reckonable emoluments

(ii) One year or more but less than 5 years 6 times of reckonable emoluments

[(iii) Five years or more but less than 20 years 12 times of reckonable emoluments subject to

maximum of Rs three and half lakhs.

86

(iv) 20 years and more Half of reckonable emoluments for each

completed six monthly period of qualifying service (including weightage of 5 years) subject to a

maximum of 33 times of reckonable

emoluments, provided that the amount of Death Gratuity shall in no case exceed Rs 3.5 lakhs.]

(iii) 5 years or more but less than 11

years

12 times of monthly emoluments.

(iv) 11 years or more but less than 20

years

20 times of monthly emoluments

(v) 20 years or more : Half month’s emoluments for every six

monthly period of qualifying service subject

to a maximum of 33 times of emoluments.

[Auth: Para 7.2 of GoI, MoD letter No. 17(02)/2016-D(Pen/Pol) dated 04.09.2017]. [CS- 185 /2020]

DEFINITION OF FAMILY

144. For the purpose of the Regulations under this Chapter the term "Family" shall

include the following: -

(i) Wife or wives including judicially separated wife or wives, in the case of a

male service personnel,

(ii) Husband including judicially separated husband in the case of a female

service personnel,

(iii) Sons including step sons and legally adopted sons

(iv) Unmarried daughters including step daughters and legally adopted

daughters

(v) Widowed/divorced daughters including step daughters and legally adopted

daughters,

(vi) Father including adoptive parents in case of individual whose

(vii) Mother personal law permits adoption.

(viii) Brothers below the age of 25 years including step brothers,

(ix) Unmarried sisters and widowed sisters including step sisters,

(x) Married daughters, and

(xi) Children of a pre-deceased son.

NOMINATIONS

145. (a) Service personnel shall make a nomination in one of the prescribed forms as per

Appendix IX to these Regulations as may be appropriate in the circumstances of the

case, conferring on one or more persons the right to receive retirement/death gratuity.

Provided that if at the time of making a nomination,

(1) the individual has a family, the nomination shall not be in favour of any

person or persons other than the members of his family.

(2) if the individual has no family, the nomination may be made in favour of a

person or persons, or a body of persons, whether incorporated or not.

(b) If an individual nominates more than one person, he shall specify the amount of

share payable to each of the nominees in such a manner as to cover the whole amount of

the gratuity.

87

EFFECT OF DEATH OF A NOMINEE OR ON ACQUIRING FAMILY

146. Service personnel may provide in the nomination--

(a) (i) that in respect of any specified nominee, who pre-deceases him or who dies

after his death but before receiving payment of gratuity, the right conferred on that

nominee shall pass to such other person as may be specified in the nomination;

Provided that --

(1) if at the time of making nomination, the individual has a family

consisting of more than one member, the person so specified shall not be a

person other than a member of his family.

(2) where an individual has only one member in his family, and

nomination has been made in his favour, it is open to the individual to

nominate alternate nominee or nominees who may be a person or a body

of persons, whether incorporated or not.

(ii) that the nomination shall become invalid in the event of the happening of

the contingency provided therein.

(b) The nomination made by an individual who has no family at the time of making

it, or the nomination made by him under the proviso (2) of clause (a) (i) above, shall

become invalid in the event of his subsequently acquiring a family or an additional

member in the family, as the case may be.

(c) An individual may, at any time, cancel a nomination by sending a notice in

writing to the appropriate authority indicated in clause (e) below, along with such notice he

may send a fresh nomination made in accordance with these Regulations.

(d) Immediately on the death of a nominee in respect of whom no special provision

has been made in the nomination, or on the occurrence of any event by reason of which the

nomination becomes invalid, the individual shall send to the appropriate authority

indicated in clause (e) below, a notice in writing formally canceling the nomination

together with a fresh nomination.

(e) Every nomination made, and every notice of cancellation given, by an

individual under these Regulations, shall be sent by him immediately to: -

(i) The Integrated Headquarters, Ministry of Defence(Army), Adjutant

General's Branch, MP-5&6 in the case of a non-medical Officer and

Medical Personnel Record Section (Officers) in the case of Army

Medical Corps, Army Dental Corps & Military Nursing Service

Officer and Territorial Army Directorate in the case of Territorial

Army personnel.

(ii) The respective Record Office in respect of Personnel Below Officer

Rank. (f) Every nomination made, and every notice of cancellation given by an

individual shall to the extent that it is valid, take effect from the date on which it is

received by the authority mentioned in the preceding clause.

(g) Nomination made after the termination of an individual's service, shall not be

regarded as valid.

88

DISBURSEMENT OF RETIREMENT GRATUITY AND DEATH GRATUITY

147. (a) The gratuity shall be paid to the person on whom the right to receive the

gratuity is conferred by means of a valid nomination.

(b) If there is no such nomination or if nomination made does not subsist, the

gratuity shall be paid in the manner indicated below:-

(i) If there are one or more surviving members of the family as in items (i),

(ii), (iii), & (iv) of Regulation 144 the gratuity shall be paid to all such

members in equal shares.

(ii) If there are no such surviving members in the family as in sub- clause (i)

above, but there are one or more members as in items (v), (vi), (vii), (viii),

(ix), (x) & (xi) of Regulation 144, the gratuity shall be paid to all such

members in equal shares.

(c) If an individual has made no nomination, or the nomination made does not

subsist, and dies after termination of service, without receiving retirement gratuity, the

gratuity shall be disbursed to the family in the manner indicated in clause (b) above.

(d) The right of a female member of the family or that of a brother of an individual,

who dies while in service or after his service terminates, to receive the share of gratuity,

shall be determined with reference to the facts as they stood on the date of death of the

individual. The entitlement shall not be affected if a female member marries or re-marries

or the brother attains the age of 25 years, after the death of the service personnel and before

receiving her or his share of the gratuity.

PAYMENT OF RETIREMENT/ DEATH GRATUITY IN CASE OF MISSING

PENSIONER

147-A Where a service personnel/pensioner is reported missing and whose whereabouts are

not known, his eligible family members shall be paid the retirement gratuity within three

months of the date of application submitted after six months from the date of lodging the

First Information Report, as admissible in the normal conditions. In case of any delay, the

interest shall be paid at the applicable rates and responsibility for delay shall be fixed .

The difference between the death gratuity and retirement gratuity shall be payable

after the death of the employee is conclusively established or on the expiry of the period

of seven years from the date of the police report.

[Auth: GoI MoD letter No. 1(1)2010/D(P/P) dated 15.02.2011& No 1(1)/2010-D(Pension/Policy) dated 23.12.2014].[CS- 153 /2020]

DEBARRING OF PERSON FROM RECEIVING GRATUITY

148. (a) If a person, who in the event of death of Service personnel while in service, is

eligible to receive gratuity in terms of Regulations 147 but is charged with the offence of

murdering the service personnel or for abetting in the commission of such an offence, his

claim to receive his share of gratuity shall remain suspended till the conclusion of the

criminal proceedings instituted against him.

(b) If on the conclusion of the criminal proceedings referred to in clause (a) above,

the person concerned

89

(i) is convicted for the murder or abetting in the murder of the service

personnel, he shall be debarred from receiving the share of gratuity, which

shall be payable to other eligible members of the family, if any,

(ii) is acquitted of the charge of murdering or abetting in the murder of service

personnel, his share of gratuity shall be payable to him.

LAPSE OF GRATUITY

149. If an individual dies while in service or after his service terminates, without

receiving the amount of death /retirement gratuity and leaves behind no family and has also

made no nomination or the nomination made does not subsist, the amount of gratuity shall

lapse to the Government.

Provided that the amount of death /retirement gratuity shall be payable to the person

in whose favour a succession certificate in respect of the gratuity in question has been

granted by a court of Law.

RECOVERY OF PUBLIC CLAIMS OR GOVERNMENT DUES. [Auth: Typographical error] [CS- 206 /2020]

150. While authorising payment of retirement gratuity, the Principal Controller

of Defence Accounts (Pensions) shall recover any public claim or Government dues

brought to his notice as outstanding against the serving personnel from the retirement

gratuity or death gratuity payable to him or his nominee as the case may be.

90

CHAPTER - VI

COMMUTATION OF PENSION

WHEN ADMISSIBLE

151. Service personnel in receipt of or entitled to any of the following kind of pension

for life may be allowed to commute a portion of his pension to the extent indicated in

Regulation 153:

(i) Retiring pension

(ii) Service pension [(including additional pension payable to Havildar granted honorary

rank of Naib Subedar).] [MoD No. 17(4)/2008(1)/D(P/P) dt. 12.06.2009] [CS- 66 /2020] (iii) Special pension;

(iv) Disability pension or war injury pension or liberalised disability pension;

(v) Invalid pension.

Note: Where the individual is granted temporary disability pension, commutation of

pension shall be allowed with reference to service element of disability pension

only.

WHEN PERMISSIBLE

152. Commutation may take place on release/retirement/discharge/ invalidment or at any

time subsequent thereto.

Provided that an individual against whom departmental/judicial proceedings have

been instituted before the date of his release/ retirement/discharge/invalidment from

service or the pensioner against whom such proceedings are instituted after the date of

release/ retirement /discharge/invalidment, shall not be eligible to commute a fraction of

his provisional pension authorised under Regulation 7 of these Regulations or the pension

during the pendency of such proceedings.

CONDITIONS AND LIMIT

153. Service personnel may be permitted, subject to the report of a medical board, where

necessary under these Regulations, as to his physical fitness and to any decision taken in

exercise of discretion provided in Regulation 9 to commute for a lump-sum payment a

fraction not exceeding [43 percent in the case of a Commissioned Officer and 45 percent in the case of a

Personnel Below Officer Rank] fifty percent [It takes effect w.e.f 01.01.2006. Auth: Para 9.1 of MoD letter

No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 43 /2020], of his pension (less any amount

previously commuted).

Notes: 1. If fraction of pension to be commuted results in fraction of rupee, such

fraction of a rupee shall be ignored for the purpose of commutation.

2. When a part of pension is withheld/withdrawn under Regulation 9, [Auth:

Typographical error] [CS- 252 /2020] the admissible amount that can be

commuted shall be calculated with reference to reduced pension payable

from that date.

91

Explanation:

Where a lump sum compensation is paid in lieu of disability element for a

particular disability under the provisions of Regulations 90 and 102, commutation of

pension shall be allowed with reference to any other disability and service element of

disability/war injury pension granted after release/retirement/discharge or invalidment.

WHEN TO APPLY FOR COMMUTATION OF PENSION

154. (a) Officer retired on attaining the prescribed age of retirement and Personnel

Below Officer Rank who are discharged on completion of tenure or age of retirement or of

service limit and desires payment of commuted value of pension being authorized at the

time of issue of the pension payment order, [and desires payment of commuted value of pension

being authorised at the time of issue of the pension payment order,] [Auth: repetition/ Typographical error]

[CS- 203 /2020] may express his wish for commutation of pension before the date of

retirement/discharge so as to reach the application to the Principal Controller of Defence

Accounts (Pensions) not later than three months before the date of

release/retirement/discharge. In such case, the service personnel has no option to

withdraw the request for commutation of pension. [In such case, the service personnel has no

option to withdraw the request for commutation of pension.] [Auth: repetition/ Typographical error]

[CS- 203 /2020]

Provided that in the case of an individual who applies for commutation of pension

before his retirement/discharge, the Government shall have no liability for the payment of

commuted value of pension if the individual dies before his retirement/discharge, or

forfeits claim to pension before such retirement/discharge.

(b) The individual can submit application for commutation of pension under

these Regulations any time after the date of release/retirement/discharge or

invalidment from service.

COMMUTATION OF PENSION WITHOUT COMMUTATION MEDICAL

BOARD

155. (a) An applicant shall, subject to the permissible limits prescribed be eligible to

commute a fraction of the pension, after he has been declared fit at the time of Release

Medical Examination if he applies on the prescribed form for commutation—

(i) either before retirement/discharge who has not expressed his wish for

commutation of the pension 3 months before retirement/discharge

Or

(ii) any time after release/retirement/discharge/ invalidment however the

application must reach the Principal Controller of Defence Accounts

(Pensions) before the expiry of one year from the date of release/

retirement/discharge or invalidment from service.

Provided that in the case of an applicant -

(1) who is authorised a pension on absorption in Public Sector Undertaking or

Autonomous Body and is entitled to pro-rata pension and retirement

gratuity and in whose case orders retiring him from Armed Forces service

had been issued from a retrospective date, the period of one year for the

92

purpose of item (ii) above, shall reckon from the date of issue of the letter

conveying the terms and conditions of absorption.

(2) who is authorised final pension after the conclusion of the disciplinary or

judicial proceedings the period of one year for the purpose of item (ii)

above shall reckon from the date of the issue of orders consequent on the

finalisation of the disciplinary/court or judicial proceedings.

(b) In case of individual who are found in low medical category at the time of his

release/retirement/ discharge and who appear before the Release Medical Board or who are

invalided out of service by the Invaliding Medical Board or who are discharged from

service before completion of engagement on account of being placed in low medical

category, an annotation shall be made by the Release Medical Board or Invaliding Medical

Board on the Release/Invaliding Medical Board proceedings, regarding such addition of

year(s) of age in case of impaired life which shall be taken into account by the Principal

Controller of Defence Accounts (Pensions) for purpose of commutation of pension.

(c) Individual who applies for commutation of pension under this Regulation shall

have no option to with draw subsequently his application for commutation of pension.

COMMUTATION OF PENSION AFTER COMMUTATION MEDICAL BOARD

156. An individual who-

(i) either applies for commutation of pension after the expiry of one year from

the date of release/retirement/discharge /invalidment, or

(ii) whose application for commutation reaches Principal Controller of Defence

Accounts (Pensions) after the expiry of one year from the date of

release/retirement/discharge /invalidment,

shall be eligible to commute a fraction of his pension after he has been declared fit by the

Commutation Medical Board and subject to such addition of year(s), if any, of age in the

case of impaired life, by the competent medical authority.

COMMUTATION OF PENSION TO BECOME ABSOLUTE

157. The commutation of pension shall become absolute -

(i) in case where one applies before retirement/discharge under Regulation

154(a) on the date following the date of retirement/discharge.

(ii) in case where one applies within one year after release/ retirement/

discharge/ invalidment under clause (a) of Regulation 155 on the date on

which the application is received by the Principal Controller of Defence

Accounts (Pensions), and

(iii) in case where one applies after one year after

release/retirement/discharge/invalidment and where Medical Board for

Commutation is held—on the date on which the medical board signs the

medical certificate.

93

Note: Government shall have no liability for the payment of commuted value of pension

if the individual dies before commutation of pension become absolute under this

Regulation.

CALCULATION OF COMMUTED VALUE OF PENSION

158. (a) The formula for calculation of capitalised value of commuted portion of pension

shall be:

[Portion of pension i.e 43% X 12 X Purchase value for the age

or 45% of pension as the case next birthday

may be]. amount of pension

commutable [Auth: Para 9.1 of MoD letter No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008]

[CS- 44 /2020]

(b) The purchase value of commutation shall be as given in the commutation table

prescribed by the Government from time to time. The current table is given as

APPENDIX-X to these Regulations.

(c) The age of the individual shall be taken as being the age he shall attain on the

next birthday following the date on which the commutation shall become absolute subject

to such addition of year(s) of age in the case of impaired life, as may be recommended by

the medical authority or Release/Invaliding Medical Board or Medical Board for

Commutation.

(d)In case the value specified in Table is modified at any time before the

commutation becomes absolute, the commuted value shall be calculated and paid in

accordance with the modified table.

Provided that where the commuted values calculated with reference to the table as

modified, is less favourable than the value determined with reference to the table before it

was so modified, the Principal Controller of Defence Accounts (Pensions) shall inform the

individual of the revised value and communicate to him the provisions of clause (i) of

Regulation 160.

REDUCTION IN PENSION ON PAYMENT OF COMMUTED VALUE OF

PENSION

159. (a) In case of pensioners falling in clause (i) of Regulation 157 i.e. in whose case

the commuted value of pension becomes payable on the day following the date of his

retirement/discharge, the reduction in the amount of pension on account of commutation

shall be operative from its inception. Where, however, payment of commuted value of

pension could not be made within the first month after the date of retirement/discharge, the

difference of monthly pension for the period between the day following the date of

retirement/discharge and the date preceding the date on which the commuted value of

pension is deemed to have been paid in term of Rule 49 of the Central Government

Accounts (Receipt and payments) Rule 1983 shall be authorised by the Principal

Controller of Defence Accounts (Pensions).

(b) In the cases of pensioners falling in clauses (ii) or (iii) of Regulation 157, if he

is drawing his pension from Treasury/Pay Accounts officer/Defence Pension Disbursing

Office or Post Office, the reduction in the amount of pension on account of commutation

94

shall be operative from the date of receipt of the commuted value of Pension or at the end

of three months after the date of issue of the Pension Payment Order by the Principal

Controller of Defence Accounts (Pensions) for payment of commuted value of pension,

whichever is earlier. Or

If the pensioner is drawing his pension from a Bank the reduction in the amount of

pension on account of commutation shall be operative from the date on which commuted

value of pension is credited by the bank to the pensioner’s account to which pension is

being credited.

WITHDRAWAL OF APPLICATION FOR COMMUTATION OF PENSION

160. The withdrawal of application for commutation of pension under these Regulations

permissible under the following circumstances:

(i) When the table of values applicable to him is modified between the date of

application for commutation and the date on which the commutation becomes

absolute and the modified table is less favourable than that previously inforce,

or

(ii) when in the case of impaired life, the medical board recommends an addition

of year(s) of age to his actual age.

(iii)an individual, after giving notice in writing, may also withdraw his application

at any time before subjecting himself to medical examination before the

medical authority but in no case after he has appeared before such an authority.

NO RE-IMBURSEMENT OF INCIDENTAL EXPENSES INCURRED

161. No reimbursement of any traveling or other expenses incurred by an individual in

connection with commutation of his pension shall be admissible.

COMMUTATION OF ADDITIONAL PENSION BECOMING DUE AS A RESULT

OF RETROSPECTIVE REVISION OF PENSION

162. An individual who has commuted a fraction of his pension and whose pension after

commutation has been revised and enhanced retrospectively as a result of Government’s

decision, shall be paid the difference between the commuted value determined with

reference to the enhanced pension (by taking into account the same age next birthday,

including loading if any, which was taken earlier while computing the capitalised value of

a fraction of pre-revised pension) and the commuted value already paid. For the payment

of difference of commuted value, he shall not be required to apply afresh.

RESTORATION OF COMMUTED PORTION OF PENSION

163. The pensioners who have commuted the admissible portion of pension are entitled

to have the commuted portion of pension restored after 15 years. The restoration may be

reckoned from the date of retirement/discharge itself only in cases where commutation of

pension was notified simultaneously with any kind of pension. In all other cases where

commutation of pension led to a reduction in second or subsequent months, 15 years will

be reckoned from the date of commutation i.e. from the date on which reduction in pension

on account of commutation became effective.

95

CHAPTER - VII

EMERGENCY COMMISSIONED AND SHORT SERVICE COMMISSIONED

OFFICERS

SECTION–1: Emergency / Short Service Commissioned Officers coming direct

from civil life

RATE OF TERMINAL GRATUITY

164 (a). The rate of terminal gratuity to the Officer coming direct from civil life shall be

half a month’s reckonable emoluments for each completed 6 monthly period of qualifying

service.

(b). The grant to terminal gratuity and the amount thereof to an Officer, whose

commissioned service has been terminated on disciplinary grounds, shall be at the

discretion of the Central Government.

GRANT OF TERMINAL GRATUITY TO OFFICERS INVALIDED OUT OF

SERVICE

165. Officer whose service has been terminated on account of medical unfitness for

military service due to causes beyond his control and who does not qualify for

disability pension shall be granted terminal gratuity as admissible under Regulation 164.

Provided that if such an Officer is subsequently granted disability pension or in the

event of his death, special family pension is granted, the terminal gratuity shall be adjusted

against such an award in such manner as may be decided by the Central Government in

each case.

PAYMENT OF TERMINAL GRATUITY IN THE EVENT OF DEATH

166. Terminal gratuity of an Officer, who dies after release from service but before it is

paid to him, shall be paid to his legal heir.

OPTION TO PERMANENT CIVILIAN GOVERNMENT SERVANTS

167. Permanent Civilian Government servants granted Emergency/Short Service Commission will have the option to be governed by either the civil rules or the military rules for

disability and special family pensionary awards. The option may be exercised at any time during

service or when the claim to disability or special family pension is considered. If the Officer is fit

for civil service on invalidment from the Armed Forces, he shall be allowed only the disability

element in addition to civil pay. If the Civilian Government Servant dies without making an

option, the family shall be given the more favourable award.

96

SECTION-2

Personnel Below Officer Rank granted Emergency/ Short Service Commission

MINIMUM SERVICE FOR RETIRING PENSION

168 [(a)] The minimum period of qualifying service actually rendered and required for

earning retiring pension by an officer shall be 12 years. In case where actual qualifying

service is less than 12 years, terminal gratuity shall be admissible. [(b) Officer retiring after rendering actual qualifying service of 12 years or more but less than 20 years

will be granted uniform weightage of 5 years.

(c) Officer retiring after rendering qualifying service of 20 years and more will be granted rank-wise

weightage as for Regular Officer.] [Auth: Para 5.1.3 of MoD letter No.17(4)/ 2008 (2)/D(Pen/Pol) dated

12.11.2008] [CS- 45 /2020]

RATE OF RETIRING PENSION

169. (a) The retiring pension to an officer shall be computed under Regulation 36 as in

the case of Regular Officer.

(b) The grant of retiring pension and amount thereof to an Officer whose

commissioned service has been terminated on disciplinary ground, shall be at the

discretion of the Central Government.

RETIREMENT AND DEATH GRATUITY

170. (a) Emergency Commissioned and Short Service Commissioned Officers granted

commission from ranks shall be eligible for retirement and death gratuity as

admissible under Chapter V to these Regulations. [Auth: Earlier omitted] [CS- 200 /2020]

(b) The amount of retirement gratuity shall be calculated based on actual qualifying service [without weightage.] [Auth: Para 5 of MoD No. 17(4)2008(2)/D(P/P) Dt. 30.10.2009] [CS- 74 /2020]

INVALID PENSION/INVALID GRATUITY OR ORDINARY FAMILY PENSION

171. Officer who is invalided from service or died on account of causes neither

attributable to nor aggravated by military service, shall be entitled to invalid

pension/invalid gratuity or ordinary family pension as applicable to Regular Officer under

Chapter III of these Regulations.

DISABILITY PENSION/WAR-INJURY PENSION OR SPECIAL FAMILY

PENSION/LIBERALISED FAMILY PENSION

172. (a) Entitlement to disability pension or war-injury pension or liberalised disability

pension, constant attendance allowance and special family pension or liberalised family

pension shall be regulated under the same conditions and at the same rate as applicable to

Regular Officers under chapter IV of these Regulations. The service element of disability

pension shall, however, be computed for actual qualifying service under Regulation 36.

(b).The Officers [Auth: Typographical error] [CS- 253 /2020] who are found in low medical

category at the time of release than the one in which they were recruited and where disability

is accepted as attributable to or aggravated by military service shall be granted disability

pension as for regular Commissioned Officer as admissible to them at the time of sustaining

97

disability, even though they are retained in service and are subsequently released under

phased release programme.

Provided that the disability pension or disability element shall be payable from the

date from which the Officer is released from service.

Note:- The provisions of dual family pension as provided in Regulation 79(a) together with

its Notes of these Regulations shall also be applicable to these personnel. [Auth:

MoD letter No. 1(05)/2010/D(P/P)dated 17.01.2013, GoI, MoD letter No. 10(17)/2012-

D(Pen/Policy) dated 21.03.2013, GoI, MoD ID No. 1(5)/2010-D(Pen/Pol) dated 06.02.2015 & Mod

No.PC-2(6)/2013/D(Pen/Pol) dated 8.07.2019][CS- 132 /2020]

98

CHAPTER-VIII

DEFENCE SECURITY CORPS

GENERAL PROVISION

173. The grant of pensionary awards to personnel of the Defence Security Corps shall be

governed by the same Regulations as are applicable to Personnel Below Officer Rank of

the Army, except where they are inconsistent with the provisions of the Regulations in this

Chapter.

COUNTING OF FORMER SERVICE

174. (a) An individual who has rendered previous service in the Armed Forces is eligible

to count such former service for pension/gratuity to the extent and subject to the conditions

laid down in Regulation 45.

(b) An individual who is in receipt of pension in respect of his former Armed

Forces service on accepting re-employment/re-enrolment in the Defence Security Corps,

shall opt within 6 months either:

(i) to continue to draw Military Pension and retain retirement gratuity

including service gratuity, if any and in which case his former service shall

not count for pension/retirement gratuity of re-employed/re-enrolled service

in Defence Security Corps; or

(ii) to cease to draw his pension and refund the pension already drawn with

effect from the date of employment/re-employment and the value received

for the commutation of a part of Military pension and the amount of

retirement gratuity including service gratuity, if any, with interest and count

previous service as qualifying service towards current engagement in

Defence Security Corps.

(c) The option once exercised shall be final. If no option is exercised, within the

stipulated time, the individual shall be deemed to have exercised the option as at clause (i)

above.

(d) The right to count previous service as qualifying service shall not revive until

the whole amount has been refunded.

(e) On release from the Defence Security Corps either the service pension or

service gratuity and retirement gratuity as admissible under Regulation 176 or any higher

pension and retirement gratuity earned under Regulations 177 shall be payable.

Note:- The pension drawn till the date of re-employment/re-enrolment shall not be

required to be refunded.

99

OPTION TO CONTINUE TO DRAW MILITARY PENSION

175. (a) A retired Armed Forces personnel re-employed in Defence Security Corps

and who opted under Regulation 174(b)(i) to continue to draw pension and retain

retirement gratuity including service gratuity, if any, for former service in the Armed

Forces, shall for his service with Defence Security Corps, be entitled to the following:

(i) Service Pension - In case his service in Defence Security Corps is 15 years or more,

service pension shall be calculated as per Regulation 50 for actual qualifying service

rendered in the Defence Security Corps [without the element of weightage.] [Auth: Para 5.1.3 of MoD

letter No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 46 /2020]

(ii) Service gratuity- An individual who is discharged with less than 15 years of

qualifying service but 5 years or more, will be eligible for service gratuity at the rate of half a

month’s reckonable emoluments last drawn for each completed six monthly period of

qualifying service. There shall be no reduction in quantum of service gratuity so arrived

at, in respect of one who is permitted to be discharged prematurely on compassionate

grounds/personnel reasons.

(b) Special pension/special gratuity shall be granted under the same condition and

at the same rate as for regular personnel.

OPTION TO CEASE TO DRAW MILITARY PENSION OR TO REFUND

GRATUITY

176. An individual who is re-employed/re-enrolled in the Defence Security Corps and

had opted to cease to draw his service pension and had refunded the service pension and

retirement gratuity together with service gratuity, if any, already drawn with interest and

counts previous service as qualifying service for current engagement in Defence Security

Corps as per Regulations [174(b)(iii)] 174(b)(ii), [Auth: Typographical error] [CS- 222 /2020]on

discharge from re-enrolled/re-employed service in Defence Security Corps, shall be entitled

to enhanced pension and retirement gratuity taking into account his total qualifying service

i.e. previous Armed Forces service plus current qualifying service in Defence Security Corps

with admissible weightage.

.

RETIREMENT / DEATH GRATUITY

177. (a) Retirement/Death gratuity shall be admissible as applicable to regular Army

personnel under [Chapter VII] Chapter V [Auth: Typographical error] [CS- 254 /2020] for actual

qualifying service rendered.

(b) Individual who has previous service, the retirement gratuity shall be admissible

for service rendered in Defence Security Corps including previous service, if any, plus

admissible weightage of 5 years [Auth: Mod No.17(4)2008(2) /D(P/P) dated 04.10.2010 ] [CS-

108 /2020] subject to maximum of 16 ½ months emoluments.

COMMUTATION OF PENSION

178. Defence Security Corps personnel shall be entitled to commute a portion of his

pension in accordance with the Regulation under Chapter VI applicable to the regular

Army.

100

DISABILITY / LIBERALISED DISABILITY /WAR-INJURY PENSION

179. The disability /liberalised disability/war injury pension and constant

at tendant allowance on invalidment and low medical category personnel discharge before

the prescribed age, shall be admissible under the same conditions and at the same rates as

applicable to regular personnel under Chapter IV of these Regulations.

INVALID PENSION AND ORDINARY FAMILY PENSION

180. When cause of invalidment from service or death of Defence Security Corps

personnel is neither attributable to nor aggravated by Military Service, the invalid pension

and ordinary family pension to his family shall be admissible under the same conditions

and at the same rates as applicable to regular Army personnel under Chapter III of these

Regulations.

Note:- The provisions of dual family pension as provided in Regulation 79(a) together with

its Notes of these Regulations shall also be applicable in these personnel. [Auth:

MoD letter No. 1(05)/2010/D(P/P)dated 17.01.2013, GoI, MoD letter No. 10(17)/2012-

D(Pen/Policy) dated 21.03.2013, GoI, MoD ID No. 1(5)/2010-D(Pen/Pol) dated 06.02.2015 & Mod

No.PC-2(6)/2013/D(Pen/Pol) dated 8.07.2019] [CS- 133 /2020]

SPECIAL FAMILY PENSION / LIBERALISED FAMILY PENSION FAMILY

GRATUITY AND EX-GRATIA LUMP-SUM COMPENSATION

181. (a) The special family pension/liberalised family pension and ex-gratia lump-sum

compensation is admissible to the families under the same conditions and at the same rates

as applicable to regular Army personnel under Chapter IV of these Regulations.

Note:- The provisions of dual family pension as provided in Regulation 79(a) together with

its Notes of these Regulations shall also be applicable in these personnel. [Auth:

MoD letter No. 1(05)/2010/D(P/P)dated 17.01.2013, GoI, MoD letter No. 10(17)/2012-

D(Pen/Policy) dated 21.03.2013, GoI, MoD ID No. 1(5)/2010-D(Pen/Pol) dated 06.02.2015 & Mod

No.PC-2(6)/2013/D(Pen/Pol) dated 8.07.2019] [CS- 134 /2020]

(b) Family gratuity shall be paid under the same conditions as in Section [ VI] 5

[Auth: Typographical error] [CS- 255 /2020] of Chapter IV of these Regulations at the

following rates.

Rates of Family Gratuity

Rank Where ex-gratia is

paid under Regulation

[146] 140 [Auth:

Typographical error]

[CS- 256 /2020].

(Rs.)

Where ex-gratia is not paid

(Rs.)

Honorary Captain ----- ----

Honorary Lieutenant ----- ----

Subedar Major ----- 1,275/-

Subedar 1,100/- 1,200/-

Naib Subedar 525/- 875/-

Havildar 325/- 525/-

Naik 250/- 450/-

Sepoy 225/- 400/-

101

CHAPTER-IX

TERRITORIAL ARMY

SECTION-1

EXTENT OF APPLICATION

182. The grant of pensionary awards to the service personnel shall be governed by

the same general Regulations as are applicable to the corresponding personnel of the

Army except where they are inconsistent with the provisions of Regulations in this

Chapter. These Regulations shall not apply to those who are –

(i) Civil Government servants holding permanent appointments and

(ii) Retired Civil Government servant.

DEFINITION OF MILITARY SERVICE

183. Military Service for the purpose of this Chapter shall mean service as defined in Sub

Section (3) of Section 7 of the Territorial Army Act, 1948, and training as defined in Rule

18 of the Territorial Army Rules, 1948.

QUALIFYING SERVICE FOR PENSION AND GRATUITY

184. (a) Subject to following provisions, the service qualifying for pension and

reckonable emoluments in case of Territorial Army, personnel shall be as specified in

Section-2 of Chapter-I:

(i) Aggregate of qualifying embodied service whether continuous or broken shall

count for service pension and gratuity. For calculating the total embodied

service the break in embodied service due to disembodiment shall be treated as

condoned but the period of breaks itself shall not be treated as qualifying

service for pension. Where qualifying embodied service has been rendered in

broken spells, 5 percent cut shall be imposed on the pension of the Personnel

Below Officer Rank who have completed 15 years or more of aggregate

embodied service, but have not completed 20 years of aggregate embodied

service.

(ii) Former qualifying regular service in Army, Navy and Air Force in any rank

irrespective of regular, short service or emergency commission shall be

counted as qualifying service to the same extent as admissible to the regular

Armed Forces personnel where one has opted for counting of the former

service for pensionary benefits.

(iii) Former service in Civil Department of Central Government.

(iv) Service in Central Government Civil Department during disembodied period

while in Territorial Army Service.

102

(b) Weightage added to the qualifying service of Regular Armed Forces shall not

be allowed in the case of Territorial Army Personnel.

OPTION TO COUNT FORMER SERVICE

185. (a)The service personnel who had formerly served in the regular Army, Navy or

Air Force and is now serving in the Territorial Army, shall have the option either:

(i) to continue to draw military pension and retain gratuity received on

discharge from military service in which case his former military service

shall not count as qualifying service for pension under these Regulations,

or

(ii) to cease to draw pension henceforth and refund gratuity including retirement

gratuity, if any, already drawn with interest for the previous Military Service

and count the previous Military Service as qualifying service for grant of

pension etc. under these Regulations.

(b) The above option shall be exercised within 12 months of enrolment in Territorial

Army.

(c) The option once exercised shall be final. If no option is exercised, within the

stipulated time, the individual shall be deemed to have exercised the option at clause (i)

above.

(d) The right to count previous service as qualifying service shall not revive until

the whole amount has been refunded.

(e) On release from the Territorial Army either the service pension or service

gratuity and retirement gratuity as admissible under Regulation 184 or any higher pension

and retirement gratuity earned under Regulations 185 shall be payable.

NOTE:- The pension drawn till the date of enrolment in Territorial Army shall not be

required to be refunded.

MINIMUM QUALIFYING SERVICE FOR PENSION

186. All Territorial Army personnel (other than civil Government servants and civil

pensioners), who have a minimum qualifying aggregate embodied service of 20 years in

the case of Officer and 15 years in the case of Personnel Below Officer Rank, shall be

eligible for service pension.

RATE OF RETIRING/SERVICE PENSION

187. (a)Officer -Retiring pension shall be calculated for actual qualifying service in

same manner as prescribed for regular Officer as in Regulation 36.

103

(b) Personnel Below Officer Rank Service pension shall be calculated for actual

qualifying service in the same manner as in Regulation 50 for regular Personnel Below

Officer Rank of Army.

RETIRING/SERVICE PENSION WHO OPTS TO COUNT FORMER MILITARY

SERVICE

188. Individual who is re-employed/re-enrolled in the Territorial Army and had opted to

cease to draw his service pension and had refunded the service pension and retirement

gratuity together with service gratuity, if any, already drawn with interest and counts

previous service as qualifying service for current engagement in Territorial Army as per

Regulations 185(a) (ii), on discharge from Territorial Army, shall be entitled to enhanced

pension and retirement gratuity taking into account his total qualifying service i.e. previous

Armed Forces service plus current qualifying service in Territorial Army.

TERMINAL GRATUITY

189. (a) Conditions for grant of Terminal Gratuity: - Terminal gratuity shall be

granted to an individual who has completed a minimum of 5 years of aggregate embodied

service in Territorial Army or 10 years engagement in Territorial Army (combined

embodied and non-embodied) and who dies during the period of disembodiment or who

retires in the following circumstances:

(i) In the case of Officer or Junior Commissioned Officer: (1) On disbandment/re-organisation /inter-zonal transfer of Units, provided there is no other Unit to which the individual can be transferred, or his consent

to a transfer is necessary under the rules and he refuses to consent thereto;

(2) On reaching the prescribed retiring age;

(3) On being declared medically unfit for further service due to causes neither

attributable to nor aggravated by military service;

(4) On completion of tenure of appointment or service limits; or

(5) When services are no longer required otherwise than on disciplinary

grounds;

(ii) In the case of Other Ranks; (1) On becoming entitled to receive his discharge under the Territorial Army Act/ Rules;

(2) On being declared medically unfit for further service due to causes neither

attributable to nor aggravated by military service,

or

(3) When services are no longer required otherwise than on disciplinary

grounds.

104

(b) The terminal gratuity shall be admissible only when the individual has not

rendered the minimum qualifying service (including former military service) required for

earning retiring/service pension.

Note: - Terminal gratuity shall not be paid for the embodied service in addition to service

pension/retiring pension and retirement gratuity.

(c) In cases of termination of service on account of medical unfitness, the terminal

gratuity is payable only if the [individuals] individual is [Grammatical error] [CS- 332 /2020] not

entitled to disability pension/war-injury pension.

(d) In case of death of an individual during the period of disembodiment, the

Terminal Gratuity shall be paid to his legal heir provided the family is not eligible for any

family pensionary awards from the Central/State Governments.

(e) The scale of terminal gratuity shall be a half a month’s reckonable emolument,

for each completed six monthly period of aggregate embodied service.

RETIREMENT GRATUITY/DEATH GRATUITY

190 (a) Retirement gratuity or Death gratuity shall be admissible as applicable to

regular Army personnel under Chapter V for actual qualifying service rendered.

(b) Individual who has previous service, the retirement gratuity shall be admissible

for service rendered in Territorial Army subject to maximum of 16 ½ months including

previous service, if any.

COMMUTATION OF PENSION

191. Territorial Army personnel shall be entitled to commute a portion of his pension in

accordance with the Regulations, applicable to the corresponding ranks in the regular Army

under Chapter VI.

ORDINARY FAMILY PENSION

192. The ordinary family pension shall be admissible to the families of Officer and

Personnel Below Officer Rank as applicable to regular Army personnel under Chapter III.

Ordinary family pension shall be subject to limitations as specified in Regulation 62(ii) of

these Regulations.

Note:- The provisions of dual family pension as provided in Regulation 79(a) together with

its Notes of these Regulations shall also be applicable in these personnel. [Auth:

MoD letter No. 1(05)/2010/D(P/P)dated 17.01.2013, GoI, MoD letter No. 10(17)/2012-

D(Pen/Policy) dated 21.03.2013, GoI, MoD ID No. 1(5)/2010-D(Pen/Pol) dated 06.02.2015 & Mod

No.PC-2(6)/2013/D(Pen/Pol) dated 8.07.2019] [CS- 135 /2020]

DISABILITY PENSION / WAR-INJURY PENSION / LIBERALISED

DISABILITY PENSION AND CONSTANT ATTENDANCE ALLOWANCE

193. (a) Disability pension/war-injury pension/liberalised disability pension and

constant attendance allowance may be granted to an individual if he is invalided out from

the Territorial Army on account of disability attributable to or aggravated by Military

105

service under the same conditions and at the same rates as applicable to regular Army

personnel under Chapter IV to these Regulations.

Provided that no disability pension shall be admitted on the basis of aggravation of

any minor physical defect which was noticed at the time of joining the Territorial Army

but was condoned under the relevant rules, or if the disability can be attributed to, or

considered as aggravated by, any minor defect.

(b) Service element of disability pension shall be computed as per Regulation 94

(a) and Regulation 98 (a) as the case may be without adding any weightage to qualifying

service actually rendered.

(c) Personnel of Territorial Army who are placed permanently in a low medical

category other than ‘A’ and for whom no suitable employment compatible to his medical

category can be found, will be discharged from service and will be deemed to have been

invalided out of service for the purpose of Entitlement Rules for Casualty Pensionary

Award, [1982] 2008 [Auth: MoD No.1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010] [CS- 92 /2020]and his

disability pension shall be dealt with under normal rules.

(d) Individual who are found to be ineligible for the grant of disability pension, will

be paid terminal gratuity for his qualifying service under Regulation 189.

SPECIAL FAMILY PENSION / LIBERALISED FAMILY PENSION

194. (a) Special family pension/liberalised family pension may be granted under the same

conditions and at the same rates as admissible to regular Army personnel under Chapter IV

of these Regulations.

Note:- The provisions of dual family pension as provided in Regulation 79(a) together with

its Notes of these Regulations shall also be applicable in these personnel. [Auth:

MoD letter No. 1(05)/2010/D(P/P)dated 17.01.2013, GoI, MoD letter No. 10(17)/2012-

D(Pen/Policy) dated 21.03.2013, GoI, MoD ID No. 1(5)/2010-D(Pen/Pol) dated 06.02.2015 & Mod

No.PC-2(6)/2013/D(Pen/Pol) dated 8.07.2019] [CS- 136 /2020]

(b) The award of special family pension/liberalised family pension shall not be

admissible if the death was due to or hastened by any minor physical defect, which was

noticed at the time of joining the Territorial Army but was condoned under the relevant

rules. This provision shall not, however, apply in respect of death by accident while

Territorial Army personnel are on embodied duty.

(c) Family gratuity may, in addition to special family pension or liberalised family

pension, be granted to the widow, if the death of the Territorial Army personnel occurs in

the circumstances mentioned in Regulation 137 of these Regulation.

106

SECTION –2

Extent of application to Civil Government Servants.

SPECIAL FAMILY PENSION /LIBERALISED FAMILY PENSION

195. (a) Officers and Personnel Below Officer Rank of Territorial Army who are Civil Government servants and who, while holding [his] their [Auth: Typographical error] [CS-

257 /2020] civil post, are subject to Central Civil Service (Extra Ordinary Pension), Rules or the analogous rules framed by the State Governments, shall be eligible to opt to be governed by the provisions of these Regulations or by the Central Civil Services (Extra Ordinary Pension) Rules applicable to them. The option may be made at any time during [his] [Deleted Auth: Typographical error] [CS- 335 /2020] service in the Territorial Army or after it, but before retirement from civil service. Option once exercised shall be final. In case such an individual dies while serving in the Territorial Army without making an option, his family shall be eligible to receive pensionary awards under these Regulations or the appropriate civil rules, whichever are more favourable.

(b) The award of special family pension/liberalised family pension shall not be

admissible if the death was due to or hastened by any minor physical defect which was

noticed at the time of joining the Territorial Army but was condoned under the relevant

rules. This provision shall not, however, apply in respect of death by accident while TA

personnel are on embodied duty.

DISABILITTY ELEMENT TO CIVIL GOVERNMENT SERVANT HOLDING

LIEN ON CIVIL APPOINTMENT

196. On reversion to the civil appointment on which he holds a lien, disability element

of pension as admissible to regular Army personnel shall be paid in addition to civil pay

and allowances.

In case an individual becomes eligible for pension under relevant civil rule, the

disability element as calculated above shall [Auth: Earlier omitted] [CS- 207 /2020]remain

admissible.

107

APPENDIX –I (Referred to in Regulation 13(b) & 13(c))

ANNEXURE-I to APPENDIX-I

(Referred to in Regulation 13(b))

Rate of Ex-servicemen Contributory Health Scheme (ECHS)

(a) With effect from 1st April, 2004 Rate of Pension/ family pension (in

Rupees)

ECHS Contribution (in rupees)

(a) upto Rs. 3000/- 1,800/-

(b) between 3001 and 6000 4,800/-

(c) between 6001 and 10000 8,400/-

(d) between 10001 and 15000 12,000/-

(e) 15001 and above 18,000/- [Auth: AGs Branch, Central Organization, ECHS No.4/AG/ECHS dt. 15.01.2005[CS- 208 /2020]

(b) With effect from 1st June 2009 Grade pay drawn at the time of

retirement / death in harness (in Rupees)

Contribution (in rupees)

(a) 1800, 1900, 2000, 2400 and 2800

per month and recruits drawing family

pension / medical pension

15,000/-

(b) 3400, 4200 per month 27,000/-

(c) 4600, 4800, 5400, 6100 and 6600

per month

39,000/-

(d) 7600 and above per month and

officers under HAG scale

60,000/-

[Auth: AGs Branch, Central Organization, ECHS No.4/AG/ECHS dt. 15.01.2005 and MOD Corr No. 22D(04)/10/us

(WE)/D(RE) dt. 29.09.2010, 02.08.2011 and 08.08.2011] [CS- 208 /2020]

(c) With effect from 29th December 2017

Category Contribution (in rupees)

(a) Recruit to Havildar Rs. 30,000/-

(b) Naib Sub/Sub/Sub Maj (including Hony

Nb Sub/MACP Nb Sub and Hony

Lt/Capt.)

Rs. 67,000/-

(c) All Officers Rs. 1,20,000/-

[Auth: AGs Branch, Central Organization, MOD Corr No. 22D(04)/2010/WE/D(Res-I) dt. 29.12.2017] [CS- 208 /2020]

108

ANNEXURE-II to APPENDIX-I

GRANT OF FIXED MEDICAL ALLOWANCE TO ARMED FORCES

PENSIONERS AND THEIR FAMILIES

1. (a) Fixed medical allowance [@ Rs. 100/- per month] at the rate as notified by Govt

from time to time [Auth: GoI, MoD ID No. 1(10)/2009/D(P/P)dated 05.05.2015 as further revised vide letter no.

1(10)/2009-D(Pen/Pol) dated 29.08.2017] [CS- 159 /2020] shall be granted to pensioners/family

pensioners given below for meeting expenditure on day-to-day medical expenses that do

not require hospitalization, if and only if, the individual is not covered under Ex-

Servicemen Contributory Health Scheme (ECHS).

(i) Gorkha pensioners of Nepal domicile.

(ii) Defence Security Corps pensioners except those who join as second career.

(iii) Pensioners of Territorial Army except

1) Pension holders for continuous embodied Service.

2) Persons with disability attributable to Military Service.

3) Gallantry award winners. (b) If any pensioner or family pensioner is in receipt of two pensions, medical

allowance would be admissible on only one pension, if he does not avail of the medical

facilities provided by the respective organizations. (c) Re-employed pensioners/employed family pensioners are not entitled to medical

allowance as medical facilities are provided by his/her organisation. (d) The beneficiaries of the ex-gratia and compassionate allowance are not entitled

to medical allowance, as they are not treated as Defence pensioners/family pensioners.

2. Pensioner/Family pensioner whom Ex-Servicemen Contributory Health Scheme

does not apply, shall submit an application as in [Annexure-I] ANNEXURE -III [Auth:

Typographical error/Change of Annexure] [CS- 220 /2020]to this Appendix for payment of

medical allowance along with pension. Next of kin of Ex-serviceman shall apply on the

prescribed form as per [Annexure-II] ANNEXURE IV [Auth: Typographical error/Change of

Annexure] [CS- 220 /2020] of this APPENDIX.

3. Specific entry to this effect shall be made in the Pension Payment Order as well as

in the Pension Certificate by the Principal Controller of Defence Accounts (Pensions). The

Station Headquarters while issuing Identity Card to the pensioner shall check the position

in this regard from Pension Payment Order /Pension Certificate and restrict the facilities to

indoor patient treatment only requiring hospitalisation where pensioner is in receipt of

fixed medical allowance [@ Rs. 100/- per month]. [Auth: GoI, MoD ID No. 1(10)/2009/D(P/P)dated

05.05.2015 as further revised vide letter no. 1(10)/2009-D(Pen/Pol) dated 29.08.2017]. [CS- 159 /2020]

4. The payment shall be made to the pensioners by the Pension Disbursing Authority

along with pension/family pension on monthly basis.

5. Following are the rates of Fixed Medical Allowance revised from time to time-

Sl No. Rates of FMA P.M Date of effect Authority

1. Rs. 100/- 01.12.1997 MoD No. 1(1)/98/D(Pen/Ser) dated 15.06.1998

2. Rs. 300/- 01.09.2008 MoD No. 1(10)/2009/D(P/P) dated 12.01.2011

3. Rs. 500/- 19.11.2014 MoD No. 1(10)/2009/D(P/P) dated 05.05.2015

4. Rs. 1000/- 01.07.2017 MoD No. 1(10)/2009-D(Pen/Pol) dated 29.08.2017

[Auth: GoI, MoD ID No. 1(1)/98/D(Pen/Ser) dated 15.06.1998, 1(10)/2009/D(P/P) dated 12.01.2011&

1(10)/2009/D(P/P)dated 05.05.2015 as further revised vide letter no. 1(10)/2009-D(Pen/Pol) dated 29.08.2017].[CS-

160 /2020]

109

ANNEXURE-III to APPENDIX-I

(To be submitted by service personnel who is being brought on pension

establishment)

To

The Principal Controller of Defence Accounts

(Pensions) Allahabad.

I………………………………………….No……………………Rank….…………

…….of Unit/Corps ………………………..request for payment of medical

allowance on my release/retirement /discharge or invalidment of service with

effect from…………………………….. for meeting expenditure on day to day

medical expenses in out patient department of a hospital , that do not require

hospitalization in Military Hospitals

Station.………

Date…... Signature………….......................

Name……………..........................

Rank……………………………...

Personal No./ Regtl. No…….……

Unit/Formation…………………..

Address…………………………

…………………………………

………………………………...

110

ANNEXURE- IV to APPENDIX-I

(To be submitted by next of kin of Ex-service personnel)

To

The Principal Controller of Defence Accounts

(Pensions) Allahabad.

I……………………………………….wife/son/daughter/father/

mother of Ex-No……………………Rank …………………………………

Name……………………………………………………………of the Unit/Corps

………………………..request for payment of medical allowance with

effect from…………………………….(date of death) for meeting expenditure

on day to day medical expenses in out patient department of a hospital , that do

not require hospitalization in Military Hospitals

Station……….……

Date…............ Signature…………………………

Name……………………………..

Rank……………………………...

Personal No./Regtl. No…………

Unit/Formation…………………...

Address…………………………..

........................................................

........................................................

111

APPENDIX-II

(Referred to in Regulations 14)

MONETARY ALLOWANCES ATTACHED TO GALLANTARY DECORATIONS

Monetary allowance at the following rates shall be payable to each recipient for

bravery, irrespective of rank and income:-

Gallantry awards w.e.f. 14.05.2008 in Rs. Per month

w.e.f. 30.3.2011 in rupees p.m

w.e.f. 1.8.2017

in rupees p.m

Param Vir Chakra 3,000/- 10,000/- 20,000/-

Ashok Chakra 2,800/- 6,000/- 12,000/-

Maha Vir Chakra 2,400/- 5,000/- 10,000/-

Kirti Chakra 2,100/- 4,500/- 9,000/-

Vir Chakra 1,700/- 3,500/- 7,000/-

Shaurya Chakra 1,500/- 3,000/- 6,000/-

Sena Medal/Nausena Medal/ Vayusena Medal

500/- 1,000/- 2,000/-

[Auth: GoI MoD No. 7(119)/2008-D(AG) dated 30.03.2011 & 7(62)/2014-D(AG0 dated 04.12.2017] [CS- 195 /2020]

2. Each bar to the above decorations shall carry the same amount of monetary

allowance as admissible for the original award.

3. The allowance shall be admissible to the recipient of the award and on his death to his widow lawfully married by a valid ceremony. The widow shall continue to receive the allowance until her [re-marriage or] death. [The payment of the allowance shall, however, be continued to

a widow who remarries to the late husband's brother and lives a communal life with the living heirs eligible

for family pension] delete w.e.f. 01.08.2017 [Auth: GoI MoD No.7(62)/2014-D(AG) dated 04.12.2017] [CS- 196

/2020] Ordinarily the widow who was first married shall receive the allowance but with the special sanction of the Government the allowance may be divided equally between the lawful widows of recipients. Payments to all widows shall cease when the allowance to the first widow terminates.

4. When the award is made posthumously to a bachelor, the monetary allowance shall

be paid to his father or mother and in case the posthumous awardee is a widower, the

allowance shall be paid to his son below 18 years or unmarried daughter as the case may

be.

5. [Allowance for one decoration (and a Bar or Bars thereto) only can be drawn at a time. The less

favourable allowance shall be relinquished from the date of the grant of the more favourable one.] The monthly monetary allowance will be paid in respect of all gallantry awards received by an individual. [Auth: Para 5 of GoI MoD No.7(62)/2014-D(AG) dated 04.12.2017[CS- 197 /2020]

112

LUMP SUM AWARD FOR GORKHA

6. In case of Nepalese Gorkha recipients of Gallantry Awards, following Lump-sum

monetary amounts are payable:-

Gallantry Awards (In Rs.)

Param Vir Chakra(PVC) 1,50,000/-

Ashok Chakra(AC) 1,25,000/-

Maha Vir Chakra(MVC) 1,00,000/-

Kirti Chakra(KC) 75,000/-

Vir Chakra(VC) 50,000/-

Shaurya Chakra(SC) 40,000/-

Sena Medal 20,000/-

Note: 1 In the case of posthumous awardees and awardees who died before the receipt of

the reward, the lump-sum monetary rewards will be paid to the heirs in the order

mentioned below:-

(a) The widow of the deceased {in case the recipient leaves two or more

widows, the amount will be paid in the manner prescribed in the Rule

240(b) of Pay and Allowance Regulations ORs (Revised Edition)}, 1979.

(b) The male lineal descendents of the deceased in the male line of the descent.

(c) The unmarried daughters of the deceased.

(d) The parents of the deceased.

2 The award of Bar to the medal will not entitle any additional monetary award.

113

APPENDIX-III

(Referred to in Regulations 26)

AUTHORITY COMPETENT TO SANCTION VARIOUS KINDS OF

PENSIONARY AWARDS

Item No.

Reference to

Regulation in

Army (pension)

Regulations

Part-I, 2008

Nature of Award Authority Competent to sanction Award in case of

Officers Personnel Below Officer Rank

1 8(b) & (d) To with hold or withdraw

pension or part thereof Ministry of Defence

Area or Independent Area Commander in

whose jurisdiction the

individual’s Record

Office falls.

2 9(a) Payment of part or whole of the pension allowance

or gratuity to the wife or

other dependants of the

pensioner.

Ministry of Defence

Area or Independent Area Commander in

whose jurisdiction the

individual’s Record

office falls.

3 29(a) To sanction pension/ gratuity or both on appeal

made by officer on

i) dismissal

ii) Cashiering

Adjutant

General,

Integrated Headquarters of

Ministry

of

Defence

(Army)

Ministry

of

Defence

------

29(b) Pensionary award to officers who are

discharged, called upon to

resign or retire.

Adjutant

General,

AHQ IHQ

of MoD

(Army)

----------

4 41(a) To sanction pension/ gratuity or both on appeal

made by personnel below

officer rank/ NC(E) on

dismissal/ removed from the

service.[Auth: MoD letter No.

1(3)/2008/D(P/P) dated 09.04.2012] [CS- 118 /2020]

----------- Adjutant General, Integrated

Headquarters of Ministry of Defence

(Army)

5 42(b) To allow to receive ---------- Ministry of Defence

114

pension in addition to pay to re-employed pensioners

in Military or Civil

capacity in Defence

services in emergencies

6 44 Condonation of deficiency in service for eligibility to

service pension/gratuity to

personnel below officer

rank

------ (i) Officer-In- Charge Records concerned

and Addl Director

General in Territorial

Army Directorate in

respect of Territorial

Army personnel upto

6 months

(ii) AG’s Branch

Integrated

Headquarters, Ministry

of Defence (Army)

beyond 6 months and

upto 12 months

7 49 Condonation of deficiency in service in a particular

rank in respect of

personnel below officer

rank

------- Officer In-Charge Record Office

concerned

8 84 Reduction in disability pension or gratuity wholly

or partly when disability of

Service personnel is due to

his serious negligence or

misconduct

Ministry

of

Defence

Ministry of Defence

9 85 Withholding or grant at a reduced rate of disability

element of pension where

individual unreasonably

refuses to under-go

operation or other medical

treatment

Ministry of Defence

Ministry of Defence

115

Appendix – III A

(Referred to in Regulation 69 (b) and Regulation 108 (c))

AFMSF- HD(1)

Medical Certificate for Disabled Dependents

(This certificate is not valid for Medico – Legal purpose)

-------------------XXXXX------------------

Name of the hospital -------------------------------------

No.---------------------------- Date ------------------------

This is to certify that Shri / Smt / Kum --------------------------------- son/ daughter /

brother/sister Age --------of No. ------------ Rank ------------- Name ------------------------

---------- -------------------- PPO No. -----------------------------------------

is physically /mentally/ handicapped / challenged and the disability is of permanent /

temporary nature. He/she is unable to earn a living on his/her own.

Diagnosis --------------------------------------

Brief clinical Note (in support of diagnosis)

Signature / Thumbs impression of the individual

Signature and stamp of

classified specialist

Signature and stamp of

Senior advisor

Signature of

Commandant Mily

Hospital Brig / equivalent

___________________________________________________________

Medical Board shall comprise of a Medical Superintendent or a Principal or a Director or

Head of Institution or his nominee as Chairman and two other members, out of which at least

one should be a specialist in the particular area of mental or physical disability including

mental retardation setting out as far possible, the exact mental or physical condition of the

child. [Auth: MoD letter No. 906-A-D (Pen/Ser)/05 dated 13.08.2008] [CS- 09 /2020]

Affix photo of

individual

examined

attested by

specialist.

116

APPENDIX-IV

(Referred to in Regulations 81, Note below Regn 82, 95& 105)

ENTITLEMENT RULES FOR CASULTY PENSIONARY AWARDS

TO ARMED FORCES PERSONNEL – 2008 (These Rules shall apply in case of disablement or death of service personnel, who became

non effective on or after 1st January, 2008)

1. (a) These Rules may be called Entitlement Rules for Casualty Pensionary Awards

to Armed Forces Personnel, 2008 and supersede the Entitlement Rules for Casualty

Pensionary Awards to Armed Forces Personnel, 1982 as amended from time to time.

(b) These Rules shall be read in conjunction with the Guide to Medical Officers

(Military Pension), 2008, as amended from time to time.

2. Cases of death/disablement of Cadet (Direct), due to causes attributable to or

aggravated by military training shall be governed under the provisions contained in the

Ministry of Defence letter No. 1(5)/93/D(Pen-C) dated 16th April, 1996, as amended

from time to time in so far as entitlement of ex-gratia is concerned. However, the

claims for ex-gratia award shall be governed in accordance with these Rules. A copy

of the letter dated 16th April 1996 appended as Annexure-I to these Rules.

3. Extent of Application:

These Rules do not apply in cases where disablement or death, on which the claim to

casualty pensionary awards is based, took place (a) during the period 3rd September,

1939 to 31st March, 1948, which will be dealt with in accordance with the entitlement

criteria laid down in Annexure II; and (b) during the period of emergency post-1948

which will be dealt with in accordance with Annexure III to these Rules. Annexure IV

contains classification of diseases.

4. Invalidment from Service:

(a) Invalidation from service with disablement caused by service factors is a

condition precedent for grant of disability pension. However, disability element will

also be admissible to personnel who retire or are discharged on completion of terms of

engagement in low medical category on account of disability attributable to or

aggravated by military service, provided the disability is accepted as not less than

20%.

(b) An individual who is boarded out of service on medical grounds before

completion of terms of engagement shall be treated as invalided from service.

(c) PBOR and equivalent ranks in other services who are placed permanently in a

medical category other than SHAPE 1 or equivalent and are discharged because (i) no

alternative employment suitable to their low medical category can be provided, or, (ii)

they are unwilling to accept alternative employment, or, (iii) they having been retained

in alternative employment are discharged before the completion of their engagement,

shall be deemed to have been invalided out of service.

5. Medical Test at entry stage:

117

The medical test at the time of entry is not exhaustive, but its scope is limited to broad

physical examination. Therefore, it may not detect some dormant disease. Besides,

certain hereditary constitutional and congenital diseases may manifest later in life,

irrespective of service conditions. The mere fact that a disease has manifested during

military service does not per se establish attributability to or aggravation by military

service.

6. Causal connection:

For award of disability pension/special family pension, a causal connection between

disability or death and military service has to be established by appropriate authorities.

7. Onus of proof:

Ordinarily the claimant will not be called upon to prove the condition of entitlement.

However, where the claim is preferred after 15 years of

discharge/retirement/invalidment/release by which time the service documents of the

claimant are destroyed after the prescribed retention period, the onus to prove the

entitlement would lie on the claimant.

8. Post discharge claims:

(a) Cases in which a disease was not present at the time of the member’s

retirement/discharge from service but arose within 7 years thereafter, may be

recognized as attributable to service if it can be established by the competent medical

authority that the disability is a delayed manifestation of a pathological process set in

motion by service conditions obtaining prior to discharge.

(b) In cases where an individual in receipt of a disability pension dies within a

period of 7 years from the date of release/retirement, may be considered to have died

of the disease for which he was granted disability pension if it can be so established by

the competent medical authority. If the medical certificate as to the cause of the death

is not available, other factors and circumstantial evidence would be taken into account.

9. Duty:

For the purpose of these Rules, a person subject to the disciplinary code of the Armed

Forces shall be treated on ‘duty’:

(a) When performing an official task or a task failure to do which would constitute

an offence, triable under the disciplinary code applicable to him.

(b) When moving from one place of duty to another place of duty irrespective of

the mode of movement.

(c) During the period of participation in recreation and other unit/sports activities

organized or approved by service authorities and during the period of traveling in

relation thereto.

Note1: Personnel of the Armed Forces participating in

local/national/international sports tournaments as members of service teams; or

mountaineering expeditions/gliding organized by service authorities, with the

118

approval of Service HQs, shall be deemed to be ‘on duty’ for the purpose of

these Rules.

Note2: Personnel of Armed Forces participating in sports tournaments or in

privately organized mountaineering expeditions of indulging in gliding as a

hobby in their individual capacity, shall not be deemed to be ‘on duty’ for the

purpose of these Rules, even though prior permission of the competent service

authorities may have been obtained by them.

Note3: Injuries sustained by personnel of the Armed Forces in impromptu

games and sports which are organized by or with the approval of the local

service authority and death or disability arising from such injuries, will be

regarded as having occurred ‘on duty’ for the purpose of these Rules.

Note4: The personnel of the Armed Forces deputed for training at courses

conducted by the Himalayan Mountaineering Institute, Darjeeling and other

similar institutes shall be treated at par with personnel attending other

authorized professional courses or exercise for the Defence services for the

purpose of grant of disability/family pension on account of disability/death

sustained during the course.

(d) When proceeding on leave/valid out pass from his duty station to his leave

station or returning to duty from his leave station on leave/valid out pass.

Note1: Armed Forces personnel while traveling between his place of duty to

leave station and vice-versa is to be treated on duty irrespective of whether he

has availed railway warrant/concession vouchers/cash TA etc or not for the

journey. This would also include journey performed from leave station to duty

station in case the individual returns early.

Note2: The occurrence of injury should have taken place in reaching the leave

station from duty station or vice versa using the commonly available/adopted

route and mode of transport.

(e) When traveling by a reasonable route from one’s official residence to and back

from the appointed place of duty, irrespective of the mode of conveyance (whether

private or provided by the Government)

(f) Death or injury which occurs when an individual is not strictly ‘on duty’ e.g.

on leave, including cases of death/disability as a result of attack by or action against

extremists or anti social elements may also be considered attributable to service,

provided that it involved risk which was due to his belonging to the Armed Forces and

that the same was not a risk faced by a civilian. Death and disability due to personal

enmity is not admissible.

Note: For the purpose of these Rules, leave shall include casual leave.

Leave/casual leave shall not be treated as ‘duty’ except in situations mentioned above.

10. Attributability:

(a) Injuries:

119

In respect of accidents or injuries, the following rules shall be observed:

(i) Injuries sustained when the individual is ‘on duty’, as defined, shall be

treated as attributable to military service, (provided a nexus between injury and

military service is established)

(ii) In cases of self-inflicted injuries while ‘on duty’, attributability shall

not be conceded unless it is established that service factors were responsible

for such action.

(b) Diseases:

(i) For acceptance of a disease as attributable to military service, the

following two conditions must be satisfied simultaneously:-

(a) That the disease has arisen during the period of military service; and,

(b) That the disease has been caused by the conditions of employment in

military service.

(ii) Diseases due to infection arising in service other than that transmitted

through sexual contact shall merit an entitlement of attributability and where

the disease may have been contracted prior to enrolment or during leave, the

incubation period of the disease will be taken into consideration on the basis of

clinical course as determined by the competent medical authority.

(iii) If nothing at all is known about the cause of disease and the

presumption of the entitlement in favour of the claimant is not rebutted,

attributability should be conceded on the basis of the clinical picture and

current scientific medical application.

(iv) When the diagnosis and/or treatment of a disease was faulty,

unsatisfactory or delayed due to exigencies of service, disability caused due to

any adverse effects arising as a complication shall be conceded as attributable.

11. Aggravation:

A disability shall be conceded aggravated by service if its onset is hastened or the

subsequent course is worsened by specific conditions of military service, such as

posted in places of extreme climatic conditions, environmental factors related to

service conditions e.g. Fields, Operations, High Altitudes etc.

12. Competent Authorities:

(a) Attributability/Aggravation:

(i) Injury Cases:

Decision regarding attributability/aggravation in respect of injury cases in

invalidment/retirement or discharge would be taken by the Service HQrs, in case of

officers and OIC Records in case of PBOR, for the purpose of casualty pensionary

award.

(ii) Disease Cases:

120

The decision regarding atributability/aggravation in respect of disease cases

shall be taken by the Service HQrs in case of officers and OIC Records in case of

PBOR on the basis of the findings of the RMB/IMB as approved by the next higher

medical authority which would be treated as final and for life.

(b) Assessment:

(i) The assessment with regard to percentage of disability in both injury

and disease cases as recommended by the Invaliding / Release Medical Board

as approved by the next higher medical authority shall be treated as final and

for life unless the individual himself requests for a review, except in the cases

of disability/ disabilities which are not of a permanent nature.

(ii) Where disablement is due to more than one disability, a composite

assessment of the degree of disablement shall be made by reference to the

combined effect of all such disabilities in addition to separate assessment for

each disability. In case of overlapping disabilities, the composite assessment

may not be the sum of individual disabilities.

(c) Re-Assessment of Disability:

There shall be no periodical review by Resurvey Medical Boards for re-

assessment of disabilities except for disabilities which are not of a permanent nature,

for which there shall be only one reassessment of the percentage by a Reassessment

Medical Board. The percentage of disability assessed/ recommended by the

Reassessment Medical Board shall be final and for life unless the individual himself

asks for a review.

13. Death Cases:

(i) Due to injury - Decision regarding attributability / aggravation in

respect of death in injury cases for grant of special family pension shall be

taken by Service HQrs in case of officers / OIC Records in case of PBOR.

(ii) Due to disease - Decision regarding attributability / aggravation shall

be taken by Service HQrs / OIC Records, as the case may be, on the basis of

medical opinion of DGAFMS or such medical authorities as prescribed by him.

Note: In case of battle casualty, the awards for liberalized family pension

shall be decided by the Pension Sanctioning Authority based on the casualty

report published by the authorities concerned.

14. Appeals:

(I) (a) First appeal:

If a person is aggrieved by the denial of entitlement, he may, if he so

desires, submit appeal before Record Office/Service HQrs within six months,

which would be considered by the Appellate Committee for First Appeal. The

Appellate Committee’s decision for upholding or rejecting the appeal will be

by consensus.

(b) Second Appeal:

121

Any person, aggrieved by the decision in the first appeal, may file a

second appeal within six months of the decision of the Appellate Committee

for First Appeal, to the Second Appellate Committee on Pension.

(II) The composition of the Appellate Committee for First Appeal and the

Second Appellate Committee on Pension and detailed procedures for disposal

of appeals shall be issued by the Ministry of Defence from time to time. [Auth: GoI, MoD letter No. 1(3)/2002-Vol-III/D(P/P) dt. 18.01.2010] [CS- 93 /2020]

15. Composition of Appellate Committee:-

An officer may submit two appeals against rejection of disability pension.

(a) First appeal- If a person is aggrieved by the denial of entitlement, he may, if he so

desires, submit an appeal before Service Head quarters within six months, which

would be considered by the Appellate Committee for first appeal. The Appellate

Committee‟s decision for upholding or rejecting the appeal will be by consensus.

Similarly the right to appeal is also available to the next of kin of armed forces

personnel, whose initial claim for special family pension has been rejected. This

committee comprises of –

Chairman: DDG(PS

Member: (i) DDG(Pens), Office of DGAFMS

(ii)DFA (pension)

(iii)Dir PS-4

(b) Second Appeal- Any person, aggrieved by the decision in the first appeal, may

make a second appeal within six months of the decision of the Appellate Committee

for first appeal through Service HQrs., which in turn, will forward the same to the AG

(PS), Army HQrs. along with all the records to place before the Second appellate

committee on pension. This committee comprises of-

Chairman: Vice Chief of Army Staff

Member: (i) Addl. DGPS

(ii)Director General Hospital Services (Rep of DGAFMS)

(iii)Joint Secretary & Addl. FA (Rep of Ministry of Defence(Fin.)

(iv) Judge Advocate General of the Service other than to which appellant

belongs. [Auth: GoI, MoD letter No. 1(3)/2002/D(pen /Pol) dated 15.02.2010 ,as further amended vide MOD ID

Note No. No. 16(02)/2008/D(Pen/Policy) dt. 04.05.2011, letter No 6(2)/2008/ D(Pen/Pol.) dated

25.05.2012 & 1(1)/2014/D(P/P) dt 15/10/2014 ] [CS- 95 /2020]

In cases of Second Appeal in which there is no consensus among the members

of Second Appellate Committee on Pension will be submitted by the Chairman of

Second Appellate Committee on Pension to the Department of Exservicemen Welfare

for examination and obtaining the final decision of Hon'ble Raksha Rajya Mantri. [Auth: GoI, MoD letter No. 16(02)/2008/D(P/P) dated 09.08.2016] [CS- 173 /2020] Note- If the appellant at the first appeal stage and subsequent to issue of sanction/ call

letter for Appeal medical board, fails to present himself for said Appeal medical board

even after two reminders, or declines to report for the same, then the opinion of the

Appellate committee will be endorsed on file based on available inputs a per rules/

policy guidelines. The decision of Appellate committee first appeal thus arrived at will

be intimated to the Appellant. [Auth: GoI, MoD letter No. PC-16(1)/2011/D(P/P) dated 17.04.2012] [CS- 119 /2020]

122

ANNEXURE- I

Scheme for grant of Ex-gratia Awards in cases of Death/ Disablement of Cadets (Direct)

due to causes attributable to or aggravated by Military Training.

The scheme for grant of ex-gratia awards in respect of cadets in the events of

death/disablement due to causes attributable to or aggravated by the conditions of military

training as laid down in the succeeding paragraphs.

2. Ex-Gratia Awards in cases of disablement: In cases of invalidment on medical grounds

due to disabilities attributable to or aggravated by the conditions of military training an ex-

gratia award at the rate of Rs. 375/- per month for life shall be admissible to the ex-cadets

(except Service entry). In addition a Disability Award on ex-gratia basis shall also be

admissible to the ex-cadet at the rate of Rs. 600/- per month for 100% disability, during the

period of disablement. The amount of disability award shall be proportionately reduced when

the degree of disablement is less than 100%. No disability award shall be payable in cases

where the degree of disablement is less than 20% or the disablement has not been accepted as

attributable to or aggravated by the condition of military training.

3. Ex-gratia Awards in cases of Death: As per terms and conditions of recruitment,

majority of the cadets such as entries through IMA, Ex-NDA and direct entries etc. are

required to be bachelors and they cannot marry during the pre-commission training. However,

in cases of entries such as Technical graduate entry/post graduate entry/short service

commission (tech and non-tech), entry through the Army Cadet College (ACC) etc. marriage

prior to pre-commission training is not a bar. In the event of death of a Cadet due to causes

attributable to military training, the following ex-gratia awards shall be payable to the next of

kin of the deceased Cadet depending on his marital status:-

(i) On death of married Cadet during training, Ex-gratia Award at the rate of Rs. 600/- per

month shall be admissible to the widow/children of the deceased Cadet. This award shall be

payable to the widow until her death or re-marriage (with a person other than the real brother

of the deceased Cadet), whichever is earlier. After, death or disqualification of the widow on

account of re-marriage, the ex-gratia award shall be payable to the sons/unmarried daughters

(in the order of seniority in age) till they attain the age of 25 years. In case of unmarried

daughter (s) the payment of ex-gratia award shall be stopped on her/their getting married.

In the absence of eligible widow/children, ex-gratia award shall be paid to the

dependent parents as per rates given in the Para 3(ii) below.

(ii) In case of unmarried/widower cadet with no children, ex-gratia award at the rate of Rs.

375/- per month shall be payable to the dependent parents(s) of the deceased cadet for life. In

the absence of parents, the ex-gratia award shall be payable to the dependent brother

(s)/unmarried sister (s) in the order of seniority in age, till they attain the age of 25 years. In

case of unmarried sister (s), the payment of ex-gratia award shall be stopped on her/their

getting married.

(iii) The ex-gratia award shall be payable to only one member of the family at a time.

(iv) In the event of death of an ex-cadet in receipt of disability award under Para 2 above,

Ex-gratia Awards at the above, rates shall be admissible to the family of the deceased cadet

provided that the death is caused by the disability sustained during military training which

was accepted as attributable to or aggravated by the conditions of military training.

123

4. Constant Attendance Allowance (CAA): - When the degree of disability is assessed at

100% and is accepted as attributable to or aggravated by the conditions of military service,

Constant Attendance Allowance at the rate of Rs. 300/- p.m. shall be admissible to the ex-

cadet on the recommendation of the Invaliding Medical Board.

5. Ex-GRATIA AWARDS TO CADET (DIRECT): In cases of disablement/death,

following Ex-gratia awards shall be payable subject to the same conditions as hitherto in force

in the event of invalidment on medical ground/ death of a Cadet (Direct) due to causes

attributable to or aggravated by military training.

Monthly ex-gratia amount of Rs. 9000/- per month.

In cases of disablement, Ex-gratia disability award @Rs.16,200/- per month shall be payable

in addition for 100% of disability during period of disablement subject to pro-rata reductionin

case the degree of disablement is less than 100%. No disability award shall be payable in

cases where degree of disablement is less than 20%.

In case of death, Ex-gratia amount of Rs. 12.50 lakhs. (Auth. MoD letter No.

17(02/2016/D(P/P) dated 04.09.2017

No ex-gratia award under these instructions shall be payable if the death/disablement is

neither attributable to nor aggravated by the conditions of military service/training.

6. Other rules and procedure regarding assessment/re-assessment of disablement and

acceptance of disability/death as attributable to or aggravated by conditions of military

service/training in cases of cadets shall be the same as for regular Commissioned Officers of

the Armed Forces. The procedure for sanction and conditions for grant of ex-gratia awards to

the next of kin in case of deceased cadets shall be same as in cases of casualties of regular

Commissioned Officers due to attributable cause.

7. Awards under these instructions are being sanctioned purely on ex-gratia basis and the

same shall not be treated as pension for any purpose. However, Dearness Relief shall be

admissible on the Ex-gratia Awards sanctioned under Para 2 & 3 of these instructions.

8. “Provisions of this letter are to be deemed to be effective from 1st January, 1986 and

shall be applicable to all Cadets (Direct) irrespective of date of invalidment or death. Arrears

for a period prior to the said date will not be admissible”.

(Authority MOD letter No. 1(5)/93/D (Pen-C) dt. 16.04.1996 and corr. Dated 12.5.1997)

Government of India decisions –

Decision (1)

1. In pursuance of the government decision on the recommendation of the 5th

CPC the following ex-gratia awards shall be payable subject to the same conditions as

hithertofore in the event of death of a Cadet due to causes attributable to or aggravated

by Military training;

(a) Ex-gratia amount of Rs. 2.5 Lakhs

(b) An Ex-gratia of Rs. 1275/- p.m. in r/o both married and unmarried

personnel to NOKs in addition to (a) above.

2. The ex-gratia payment as mentioned in Para 1(a) above shall be admissible in

cases of death of cadets occurring on or after 1.8.97. However, the benefit of revised

124

monthly Ex-gratia amount as mentioned at (b) above, shall be admissible to pre 1.8.97

cases as well with financial effect w.e.f. 1.8.97.

3. Other provisions of this Ministry’s letter dated 16.04.1996 shall remain

unchanged.

(Auth: - GOI, MOD letter No. 1(6)/99/D (Pen-C) dt. 5th July, 2001)

Decision (2)

1. In pursuance of the government decision on the recommendation of the 5th

CPC the following ex-gratia awards shall be payable subject to the same conditions as

hithertofore in the event of invalidment of Cadet (Direct) on medical grounds due to

causes attributable to or aggravated by military training: -

(i) Payment of monthly ex-gratia of Rs. 1275/- per month alongwith Dearness

Relief at applicable rates thereon in cases of disablement of cadets (Direct) due

to causes attributable to or aggravated by military training; and

(ii) Payment of Ex-gratia disability award to ex-cadets @Rs. 600/- per month for

100% disability during the period of disablement. The amount will be reduced

proportionately in case the degree of disablement is less than 100%.

2. The awards under these orders are being sanctioned purely on ex-gratia basis

and the same shall not be treated as pension for any purpose.

.

3. The ex-gratia disability awards payment as mentioned in Para 2 above shall be

applicable w.e.f 1.8.97. The benefit shall be admissible to pre 1.8.97 cases as well with

financial effect w.e.f 1.8.97.

.

(Auth: - GOI, MOD letter No. 1(6)/99/D (Pen-C) dt. 11th February, 2002)

Decision (3)

1. In supersession of this Ministry’s earlier letter No. 1(6)/99/D (Pen-C), dt.

11.2.2002, the following ex-gratia awards shall be payable subject to the same

conditions as hitherto in force in the event of invalidment of Cadet (Direct) on medical

grounds due to causes attributable to or aggravated by military training: -

(i) Payment of monthly ex-gratia of Rs. 1275/- per month,

(ii) Payment of ex-gratia disability award @ Rs. 2100/- per month for 100%

disability during the period of disablement. The amount will be reduced

proportionately from the ex-gratia disability award in case the degree of

disablement is less than 100% and

(iii) Constant Attendance Allowance (CAA) of Rs. 600/- per month for 100%

disability on the recommendation of Invaliding Medical Board.

2. While calculating Dearness Relief, monthly ex-gratia and ex-gratia disability

award both will be taken together. However, no Dearness Relief will be granted on

CAA.

3. The awards under these orders are sanctioned purely on ex-gratia basis and the

same shall not be treated as pension for any purpose.

4. The ex-gratia disability awards payment as mentioned in Para one above shall

be applicable w.e.f 01.08.1997. The benefit shall be admissible to pre 01.08.1997

cases as well with financial effect w.e.f 01.08.1997.

5. Rules concerning above mentioned subjects as contained in Ministry of

Defence letter No. 1(5)/93-D (Pen-C), dated 16th April, 1996 as amended vide

125

Government letter No. 1(5)/93-D (Pen-C), dated 12th May, 1997 read in conjunction

with MOD letter of even number dated 5th July, 2001, stand modified to the extent as

indicated in the aforesaid paras.

(Auth: - GOI, MOD letter No. 1(6)/99/D (Pen-C) dt. 15th Sep, 2003)

Decision (4)

1. The undersigned is directed to refer this Ministry’s letter No. 1(6)/99/D (Pen-

C) dt. 11th Feb 2002 amended vide this Ministry’s letter dt. 15th Sep 2003 and this

Ministry’s letter even No. dt. 5th Jul 2001 regarding grant of ex-gratia awards to

Cadets (Direct) in the event of their death / disability due to causes attributable to or

aggravated by the conditions of military training. In supersession of this Ministry’s

letters mentioned above, the undersigned is directed to convey the sanction of the

President to the payment of ex-gratia benefits mentioned in succeeding Paras.

Ex-gratia awards in cases of disablement

2. The following ex-gratia award shall be payable subject to the same conditions

as hitherto in force in the event of invalidment of Cadet (Direct) on medical ground

due to causes attributable to or aggravated by military training.

(i) Payment of monthly ex-gratia amount of Rs. 3500/- per month

(ii) Payment of Ex-gratia disability award to ex-cadets @Rs. 6300/- per

month for 100% disability during the period of disablement. The

amount will be reduced proportionately in case the degree of

disablement is less than 100%.

(iii) Constant Attendance Allowance (CAA) of Rs. 3000/- per month for

100% disability on the recommendations of Invaliding Medical Board.

Ex-gratia awards in cases of death

3. The following ex-gratia awards shall be payable subject to the same conditions

as hitherto in force in the event of death of a Cadet (Direct) due to causes attributable

to or aggravated by military training.

(i) Ex-gratia amount of Rs. 5 Lakhs

(ii) Payment of monthly ex-gratia amount of Rs. 3500/- per month to the

NOK in addition to (i) above.

4. The ex-gratia disability awards as mentioned in Para 2 & 3 above shall be

admissible in cases of invalidment/death of Cadets (Direct) occurring on or after

01.01.2006. The benefit of revised monthly Ex-gratia payments as mentioned in Para 2

and Para 3(ii) above, shall be admissible to pre 01.01.2006 cases as well with financial

effect w.e.f. 01.09.2008.

(Auth: - GOI, MOD letter No. 6(1)/2009/D (Pen-Policy) dt. 1st June 2010)

Following amendment in Annexture I of Appendix IV of PR-I (2008) is made

(a) Ex-gratia award in case of disablement

(i). Payment of Monthly ex-gratia amount of Rs. 3500/- per month.

(ii). Payment of ex-gratia disability @ Rs. 6300/- per month for 100% disability during

the period of disablement.

126

(iii). Constant Attendance Allowance (CAA) of Rs. 3000/- per month for 100%

disability on the recommendations of Invaliding Medical Board.

(b) Ex-gratia awards in case of Death

(i). Ex-gratia amount of Rs. 5 lakhs.

(ii). Payment of monthly Ex-gratia amount of Rs. 3500/- per month to the NOK in

addition to (i) above.

The benefit of this revised monthly Ex-gratia payment is admissible to pre

01.01.2006 cases as well with financial effect with effect from 01.09.2008. [Auth: - GOI, MoD letter No. 6(1)/2009/D(P/P) dated 01.06.2010] [CS- 97 /2020]

Decision (5)

EX-GRATIA AWARDS TO CADET (DIRECT): In cases of disablement/death,

following Ex-gratia award shall be payable subject to the same conditions as hitherto in force

in the event of invalidment on medical ground/death of a Cadet (Direct) due to causes

attributable to or aggravated by military training.

Monthly Ex-gratia amount of Rs.9,000/- per month

In cases of disablement, Ex-gratia disability award @Rs.16,200/- per month shall be

payable in addition for 100% of disability during period of disablement subject to prorata

reduction in case the degree of disablement is less than 100%. No disability award shall be

payable in cases where the degree of disablement is less than 20%.

In cases of death, Ex-gratia amount of Rs.12.5 lakhs.

[Auth: - GOI, MoD letter No. 17(02)/2016/D(P/P)dated 04.09.2017]

127

ANNEXURE-II

WARTIME RULES

No. 106123/4/P.P.3(a)

General Headquarters

Adjutant General’s Branch

GHQ, APO

New Delhi, 25th November, 1946

To,

Headquarters All Commands, Divisions,

Brigades, Areas and Sub Areas

With sufficient copies for distribution to all medical officers. Instructions for Medical Officers

called upon to Sign Death Certificates and for Medical Boards.

MEMORANDOM

1. New rules on entitlement to pensions were introduced for the Indian Army by A.I. (I)

43/45. Medical Boards will be held in accordance with these instructions which will be

simplified or amended from time to time as may be found necessary. While not

comprehensive, they are intended to be a guide so that medical officers may be enabled to

give immediate effect to the alterations brought about by the new rules. Medical Officers

should appreciate that not only has the old criteria been discarded but that the whole approach

to the question of attributability has been changed and the changes explained below entail

more accurate medical recording on their part and a more accurate appreciation of the various

findings in each case.

2. Terms employed under the new rules-Hitherto the word “attributable” had an artificial

meaning covering both “directly attributable” and “materially aggravated”. In that sense, it

has now been replaced by “due to” and “attributable” replace “directly attributable” as

meaning “caused by”.

The word “materially” and the words “to a material extent” have been omitted in

reference to aggravation. Under the new rules worsening to any extent by service will be

regarded as aggravation. The Ministry of Pensions test of the existence of aggravation in this

sense will now apply to the Indian Army namely there is held to be “aggravation” where

effective service is found to have caused a degree of worsening in a previously existing

condition resulting in discharge from service on account of that condition.

3. New method of approach to the question of entitlement-Though the principle that there

must be a causal connection between the disability or cause of death and service is still

perserved the question of supporting evidence is to be approached from a new angle. The

Government of India will give full weight to two presumptions arising out of the fact that the

man is prompted for service during the present war in a certain medical category. These

presumptions are:-

(1) That at the time of acceptance he was fit for the kind of

service demanded of a man in that medical category,

and

128

(2) That in the event of his subsequently being discharged from the service on

medical grounds any deterioration in his health which has taken place is due to

his service.

While the medical services are not directly concerned with the making of these

artificial presumptions, in future they must bear them in mind. Since, in cases which, in their

opinion should be regarded as not attributable to military service, it will be necessary to

record evidence sufficient to rebut one or both of these presumptions.

Presumption (1) itself does not lead to any conclusion of entitlement but approach to

presumption (2) will be affected as presumption (1) stands or falls. It is, therefore, necessary

to record any evidence available which may affect presumption (1). This may take the form of

radiological or other evidence that the disease was of long standing or there may be evidence

in the individual’s medical history sheet or other medical documents. The history given by the

individual on first admission to hospital may also be of importance.

Presumption (2) is the vital one. Unless there is contrary evidence attributability must

be conceded. This contrary evidence may take the form of showing.

(1) that no deterioration in health, persisting to date of discharge,

occurred during service or,

(2) that, where there has been persisting deterioration, the

presumption that such deterioration is due to service is not well

founded.

The mere fact that an individual has been invalided out does not necessarily mean that

his health has deteriorated during service. The disability may have been discovered soon after

joining and the individual discharged in his own interest in order to prevent deterioration. In

such a case there may even been worsening during service but, if treatment given before

discharge restored the individual to his normal condition so that his discharge was on grounds

of expediency to prevent a recurrence, no lasting damage was inflicted by service and there is

no ground for conceding attributability. Again an individual may be found to be so weak

mentally that it is impossible to make him an efficient soldier, this does not establish that his

condition has worsened during service but only that it is worse than was realized on

enrolment.

On the other hand, where there has been deterioration attributability must be conceded

under presumption (2) unless there is evidence indicating that the presumption is not well

founded. There may be direct evidence of the contraction of disability otherwise than by

service, e.g. by infection while at home on leave and even then the question of aggravating by

subsequent service will have to be considered. The difficulty will be greatest in those diseases

regarded as constitutional and naturally progressive. Deterioration must be accepted as due to

service unless there is evidence to the contrary including as evidence a consensus of medical

opinion regarding the particular disability or the group of disabilities to which it belongs. It

will thus be seen that a claim to pension will not be rejected unless presumption (2) is shown

to be ill founded by written or other reliable evidence or such a consensus of medical opinion

as amounts to reliable evidence.

In other words, the Government of India must be satisfied that there are reasonable

grounds before any case is rejected and it will be for the medical officers concerned with the

case to put forwarded all the medical evidence available which may have a bearing on the

final decision.

129

4. Procedure to be adopted by Medical Board:- It is obvious that with the new approach

to the question of attributability, the present method of completing the invaliding roll must be

considerably altered. At present, there are not sufficient particulars recorded regarding many

of those invalided from service on account of disease to allow of a correct decision on

entitlement to pension under the new criteria. It should be realized that all cases will be

subject to review and it may be necessary to reverse the decision in those cases recommended

for rejection of the claim to pension where the supporting evidence as insufficient. Phrases

such as “equally common in civil life” will no longer have any force and should not be used

except in cases of diseases, diseases which run their course independently of external

circumstances, see paragraph 6(c) below. Until it is found possible to issue a revised form of

invaliding roll IAFY-1948 the procedure therefore will be as follows:

(i) On page 5 of the invaliding roll, the medical officer-in-charge of the case should first

of all give concise history of invaliding disability as complete as possible clearly

specifying the station of origin, e.g. field service area or peace station. The duration of

the disability and the circumstances in which it arose may have a vital bearing on the

case. Such particulars may possibly be contained from the individual documents. The

medical notes made when the individual first fell ill are of special importance is not

only to do they frequently show the pathological state of the disease when it first came

to notice enabling a deduction to be made as to its probable duration but they often

contain a statement as to the history prior to that date. Such information may be of

more value than statements made at the time of invalidment when the question of a

disability pension has arisen. Where relevant a short note should be added regarding

defects noted on enrolment, family history, other illness during or prior to service.

This all important history of the case should be followed by.

(ii) The diagnosis of the disability, about which there should be no serious doubt and an

exact description of the clinical conditions present. This description should not

necessarily be detailed but should make clear any features likely to assist the board

informing an opinion on the question of attributability and on the assessment of

disablement. Note on laboratory, X-ray findings etc, should be included when

necessary and specialists reports on the case may be of value. Where the medical

officer-in-charge of the case have considered that the individual was non-co-operative

or has retarded his cure or that he was malingering, a note to that effect should

invariably be recorded for the information of the board.

(iii) Finally, whether there was neglect, delay faulty technique or lack of reasonable skill in

service medical treatment, or the exigencies of service, before, during or after the

treatment could be held to have caused or aggravated the condition, these should be

recorded as on these grounds alone a presumption of aggravation through service may

be made if deterioration thereby resulted.

(iv) On page 6 of IAFY-1948. in addition the words “in the hope of obtaining pension or

gratuity” should be deleted from question (8). Bearing in mind that decisions contrary

to the opinion of the medical board may be given on review, the percentages of

disablement should be carefully assessed in all cases and entered at question (5).

(5) Death certificates-IAFA-393 Part III in which the medical officer records his opinion

regarding attributably should like wise in future contain more details of the cause of death. As

a rule, not only the immediate cause of death but also the underlying disease should be noted.

In the case of infectious disease it may be relevant to note the incubation period of the

130

particular disease, e.g. when the individual may have contracted the disease while on leave on

prior to enrolment. It is specially Important in death cases to note whether neglect, delay,

faulty technique or lack of reasonable skill** in service medical treatment can be held

responsible for untoward outcome, or the exigencies of service before, during or after the

treatment can be held to have caused or hastened death. The presumption already referred to

will apply equally in cases of death. It should be clearly stated whether the individual died

overseas or in India in a hospital or at home as a result of disease contracted overseas, or

whether he died in a peace station of disease contracted in such station.

**N.B.-Should a recognized complication of the normally accepted methods of

treatment properly prescribe and administered, occur, then that complication is regarded as

NOT attributable to service.

6. Notes on common diseases-----It may be advisable at a later date in issue detailed

guidance regarding certain diseases. In the meantime the following notes may in some cases,

be helpful. They contain the ideas of the Ministry of Pensions formed from their experience in

applying the new principles in the U.K. The Ministry of pensions state that the position

regarding psychoneurosis is not yet sufficiently clear to make a pronouncement so that

medical officers should use their own discretion in expressing an opinion on attributability in

such cases for the present.

(a) Common diseases known to be affected by exposure to weather----Diseases such as

Bronchitis rheumatism and nephritis---indeed most diseases of the respiratory system.

Joints and kidneys are affected by climatic conditions and here the man’s condition

has worsened during service, the presumption that this worsening was caused or

aggravated by service would be well founded, unless the service was of such short

duration or the conditions of service were so good that it would be quite unreasonable

to grant entitlement to pension.

(b) Common diseases known to be affected by stress and strain.—If the individual has

given reasonable service in a branch of the service where physical effort or other strain

can be assumed the presumption that deterioration is due to service can be regarded as

well founded. This refers particularly to pulmonary tuberculosis and certain heart

conditions. It may be that in an exceptional case the man has been engaged on

sedentary duties and the presumption would not then usually apply.

(c) Disease which run their course independently of external circumstances—There are

certain diseases which would/have run the same course whether the member had been

in the Forces or not. Such cases if equally common in civil life will not be accepted as

aggravated by war service unless it is clear that owing to the exigencies of his service

the man did not receive medical treatment of a satisfactory character and standard or

such treatment was so delayed as to be less effective than it should have been.

(d) Infectious diseases.—Death or disablement resulting from infectious disease other than

venereal disease contracted during service will be regarded as attributable to military

service. Where the disease may have been contracted prior to enrolment or during

leave, the question of determining the incubation period in a particular case will arise

and an opinion on this point should be expressed.

(e) Venereal diseases.—Presumption (2) is not regarded as applying in the case of

venereal disease, having regard to the way in which the disease is normally acquired,

similarly the question of onus of proof does not arise. Cases of veneral disease or later

manifestations of sequelae there of will, therefore, only be accepted as attributable.

(i) If the disease has been contracted in the course of duty e.g. by a doctor or medical

orderly.

131

(ii) If, having contracted disease during service, the man after treatment has returned to

full duty and has been subjected to such strain as has produced one of the after-effects

of the disease sooner than would normally have been the case.

(iii) If, having contracted the disease prior to enrolment, the man has been subjected to

such strain as has produced or hastened a later manifestation of the disease.

Note1. For the purposes of (b) and (c) the strain must be due to service and of such a degree

as is unlikely to be met in civil life, and it must be clear that the later manifestation

was in fact proposed or hastened by that strain. If, however the man had reached an

age when such a manifestation could be expected, the case is difficult for acceptance.

Note2. A member engaged on clerical duties would not normally be subjected to any such

strain, and it may be taken as axiomatic that no sedentarily employed man could

establish a claim to pension save in the most exceptional circumstances.

(iv) If the disease is due to heredity and the latter manifestation is produced or hastened by

conditions of the man’s service (the normal considerations as to giving the benefit of

doubt apply)

(v) If the disease existed before enrolment and death results from treatment given with a

view to making the man an efficient soldier.

(vi) If the disease was contracted during service and death results from faulty technique in

treatment.

NOTE 1—In case of disease contracted during service should the man advance the argument

that owing to the exigencies of his service he did not receive treatment when he ought

to have received it, such argument will be treated with reserve.

NOTE 2—“Faulty technique in treatment” implies the use of drugs obviously wrong or

contra-indicated an unreasonably low or high dosage, procedures not generally

recognized as correct or the lack of proper precautions.

Medical Boards will always record their opinion with reasons in support as to whether

the disease is congenital or was contracted before or after enrolment.

The general principle underlying the provisions of this sub-para is that when the

disease is either hereditary or contracted by sexual contract either before or during

service, entitlement for the disease itself can never be granted. Such entitlement can

only he given for a later manifestation or sequela of the disease which has been

precipitated or whose onset has been hastened by the stress of service in the Army.

(f) Service employment similar to civil employment. Where the man’s employment in the

service e.g. a lorry driver is the same as his pre-service civil employment and it is clear

that there has been deterioration during service the similarity of employment is not a

sufficient ground for rejecting a claim to pension on the plea that the risks to health

were not increased by service. That would be equivalent to giving the same weight to

the possibility of deterioration in civil life as to the fact that deterioration took place in

the service. This argument cannot be maintained. Where, however the disease is one

that could not be influenced by employment as e.g. a clerk, the case is different.

132

7. In conclusion, it is necessary to reiterate that where a medical officers/considers that a

case is not attributable to military service the evidence on which the opinion is based

must be clearly stated whether this takes the form of certain facts peculiar to the case

or well known features regarding the disease in question.

8. G.H.O. memoranda Nos 106122/1/AG 14(b), dated 20th July 1944 and

106123/3/PP3(a) dated 6th July 1945 are hereby cancelled.

133

ANNEXURE-III

ENTITLEMENT RULES FOR THE DISABILITY AND SPECIAL FAMILY

PENSIONARY AWARDS IN RESPECT OF ALL RANKS OF THE ARMED FORCES

DURING EMERGENCY

------------------------------------------------------------------------------------------

Period of Emergency Government of India letter No.

------------------------------------------------------------------------------------------

8 Sep 62 to 9 Jan 68 -A/01927/AG/PS-4(a)/9948/Pen-C

Dated 26 Dec 62

8 Dec 71 to 31 Mar 72 -A/01927/AG/PS-4(d)/11130/Pen-C

Dated 16 Dec 71

25 Mar 71 to 31 Mar 72

(OP Cactus Lily)

15 Aug 71 to 31 Mar 72 -PN/3948/1191/Pen-C dt. 1st Feb 72

(Naval Personnel)

-----------------------------------------------------------------------------------------

Entitlement to disability or family pensionary awards in respect of all ranks of the

Armed Forces eligible for pension under the Military Rules, disablement or death, shall be

accepted as due to service, if-

(a) The disablement is due to a wound, injury or disease, which

(i) is attributable to service; or

(ii) existed before or arose during service and has been, or remains

aggravated thereby.

(b) the death was due to or hastened by-

(i) a wound or injury or disease which was attributable to service; or

(ii) the aggravation by service of a wound, injury or disease which existed

before or arose during service.

2. In dealing with these cases the benefit or reasonable doubt will be given to the

claimant. The entitlement shall be denied only if it can be established beyond reasonable

doubt that the conditions mentioned above are not fulfilled.

3. Where an injury or disease, which led to discharge or death during service, was not

noted in a medical report or other appropriate enrolment papers prepared at the time of

commencement of the individuals service, fulfillment of the conditions mentioned in Para 1

above may be accepted unless there is a positive evidence to the contrary.

4. Where there is no note in contemporary official records of a material fact on which the

claim is based, other reliable corroborative evidence of that fact may be accepted.

134

N.B.- “Service” means service in the Armed Forces during emergency rendered

anywhere in India.

Special proforma should be attached to the IMB proceedings of all ranks to provide

additional information vide DG/IMS letter No. 16033/DGAFMS/MA(Pens) dt. 28th Jan, 1972

addressed to DDGMS.

135

ANNEXURE-IV

CLASSIFICATION OF DISEASES

A. Diseases affected by climatic conditions.

1. Pulmonary tuberculosis

2. Pulmonary oedema

3. Pulmonary tuberculosis with pleural effusion

4. Tuberculosis (non-pulmonary)

5. Bronchitis

6. Pleurisy, Emphysema, Lung abscess, and Bronchiectasis

7. Lobar Pneumonia

8. Nephritis (acute and chronic)

9. Otitis media

10. Rheumatism (acute and chronic)

11. Arthritis

12. Myalgia

13. Lumbago

14. Local effects of severe cold climate-i.e. frost bite, trench

foot and ohilblains

15. Effects of hot climate-i.e., heat stroke and heat exhaust.

B. Diseases affected by stress and strain.

1. Psychosis and Psychoneurosis

2. Hypertension (BI)

3. Pulmonary tuberculosis

4. Pulmonary tuberculosis with pleural effusion

5. Tuberculosis (non-pulmonary)

6. Mitral stenosis

7. Pericarditis and adherent pericardium

8. Endocarditis

136

9. Sub-acute bacterial endocarditis, including infective endocarditis.

10. Mycarditis (acute and chronic)

11. Valvular diseases

12. Myocardial infarction, and other forms of IHD

13. Cerebral hemorrhage and cerebral infarction

14. Peptic ulcer.

C. Diseases affected by dietary compulsions.

1. Infective hepatitis (Jaundice)

2. Diseases of stomach and duodenum

3. Worm infestation and particularly guinea worm and round worm infections

4. Gastritis

5. Food poisoning, especially due to tinned food.

6. Gastric ulcer.

7. Duodenal ulcer.

8. Nutritional disorders.

D. Diseases affected by training, marching prolonged standing etc.

1. Tetanus, scysipelas, septicaemia and pyaemia etc. resulting from injuries.

2. Ankylosis and acquired deformities resulting from injuries

3. Post traumatic epilepsy and other mental changes resulting from head

injuries.

4. Internal derangements of khee joint

5. Detirmities of feet

6. Osteoarthrities of spine and lowerlimb joints

7. Burns sustained through petrol fire, kerosene oil etc. leading to scars and

various deformities and disabilities.

8. Hernia

9. Varicose veins

E. Environment Diseases.

1. Diseases contracted in the course of official duty of attending to a venereal or

septicaemic patient or while conducting a postmortem examination.

2. Diseases contracted on account of handling infectious material, poisonous

chemicals and radioactive substance.

F. Diseases affected by altitude.

1. High altitude pulmonary oedema and pulmonary hypertension acute mountain

sickness.

2. paychosis, Psychoneurosis, suicide.

3. Thrombosis.

G. Diseases affected by service in submarines and in diving.

1. Acoustic trauma resulting from continuous niose and vibratinons

2. Effects of exposure to high levels of toxic gases

3. Droplet infections

137

4. Nourosis and psychosomatic disorders.

5. Effects of barotraumas

6. Decompression sickness.

7. Dysbaric osteo-necrosis.

H. Diseases affected by service in flying duties.

1. Otitic barotraumo

2. Altitude decompression sickness

3. Hypoxia

4. Exelosive decompression

5. Dong duration G

I. Diseases not normally affected by service.

1. Malignant diseases (cancer and carcinoma)

2. Sarcoma (except in cases of sarcoma of bone with a history of injury, due to

service, on the site of development of the growth)

3. Epithelioma

4. Rodent ulcer

5. Lympho-sarcome

6. Lymphomas except of viral aetiology

7. Leukaemia (except radiation effect)

8. Pernicious anaemia (Addison’s disease)

9. Osteitis deformans (Paget’s disease)

10. Gout

11. Acromegaly

12. Cirrhosis of the liver-if alcoholic

Eyes

13. Error of refraction

14. Hypermetropia

15. Myopia

16. Astigmatism

17. Presbyopia

18. Glaucoma-acute or chronic-unless there is a history of injury due to service or

of disease of the eye due to service.

138

APPENDIX-V

(Referred to in Regulation 85(c))

CRITERIA FOR DECIDING WHETHER AN INDIVIDUAL’S REFUSAL TO

UNDERGO MEDICAL TREATMENT OR AN OPERATION FOR HIS

DISABILITY ATTRIBUTABLE TO OR AGGRAVATED BY MILITARY

SERVICE, IS OR IS NOT REASONABLE

1. Refusal to undergo medical treatment or an operation may be held to be reasonable

(a) When, in the opinion of the medical authorities it is improbable that such

treatment or operation would cure the disability or reduce its percentage or where such

treatment or operation may be severe and dangerous to life;

or

(b) Where, in the opinion of the Officer Commanding Unit, to undergo the

operation or the treatment prescribed, is opposed to religious or caste prejudices of a valid

nature and the refusal is the bonafide outcome of such prejudices.

2. Refusal to undergo medical treatment or an operation shall be treated as

unreasonable –

(a) When, in the opinion of the medical authorities, it is due to malingering;

or

(b) When, in the opinion of the Officer Commanding Unit, it is due to desire to

avoid further service or to obtain or retain a pension or to receive an

enhanced pension.

3. If in the opinion of the Officer Commanding Unit, the individual has grounds not

covered above for refusing medical or operative treatment, the case shall be referred to the

Area/Independent Sub-Area commander for a decision as to whether the objection is

reasonable or not and his decision shall be final.

139

APPENDIX-VI (Referred to in Regulation 89 (e))

[Declaration for drawl of Constant Attendance Allowance by service personnel along with their disability

pension/war injury pension.

(i) TS No./PS No…………………………………

(ii) Name of pensioner …………………………… (iii)

Personal/Regimental No …………………… (iv) Rank

………………………………………… (v) Regiment/Corps/Unit

………………………… (vi) PPO No. …………………………

Dated …………..…………………………… (vii)

Rate of Constant Attendance

Allowance ……………………………….. per month

(viii) Particulars of any period spent as an inmate or an inpatient of a Government hospital or institution

since the allowance was last drawn:

(a) Date of admission to the hospital/institution ……………… (b) Date of discharge

from hospital/Institution ………

I hereby declare that I am the pensioner described above, that the particulars given on this form are true and

that for the period viz………….to…………for which I now claim Constant Attendance Allowance. ………………

(a) I was not an inmate or an inpatient of a Government hospital/institution. (b) I actually

employed Shri …………………………………….

son of Shri …………………………………………………

as a paid attendant to look after me, such attendance having been necessitated by the

disability/disabilities for which I am drawing the disability pension/war injury pension.

(c) I was not gainfully employed.

Place………………. ………………………

(Pensioner’s signature )

Date ……………… Full Address ………

………………………

I certify to the best of my knowledge and belief that the above declaration is

correct.

Place………………. ……………………… (

Signature of a

Date ……………... responsible officer or well

known person)

Full name & Designation

…………………….]

140

Declaration for drawl of Constant Attendance Allowance by Commissioned Officers and

PBOR along-with their disability pension/war injury pension

I. PENSIONER PERSONAL DETAIL

(i) TS No./PS No. :

(ii) Personal/Regimental No. :

(iii) Rank :

(iv) Name of Pensioner:

(v) Regiment/Corps/Unit :

(vi) PC/PPO/Corr. PPO No. :

(vii) Rate of Constant Attendance Allowance Payable: Rs. ..........p.m.

II. Declaration for the period from date of last declaration till date

(i) Particulars of any period spent as an inmate or an inpatient of the Government

hospital or institution since the allowance was last drawn :

(a) Date of admission to the hospital/institution :

(b) Date of discharge from hospital/institution :

or

I was not an inmate or an inpatient of a Government hospital/institution.

(ii) I had actually employed Shri .................... son of Shri ..................................... as a

paid attendant to look after me, such attendance having been necessitated by the

disability/disabilities for which I am drawing the disability pension/was injury

pension.

(iii) I was gainfully employed for the past period for which I had drawn CAA.

III. Declaration for the upcoming period of Award

(i) I will actually employ a paid attendant to look after me.

(ii) In case of any inmate/inpatient in any Government hospital/institutions and also in

case of my employment/re-employment, I will immediately report the fact to my

pension disbursing agency.

I hereby declare that I am the pensioner described above and that the particular’s given

on this form are true for the period.

Place Pensioner’s Signature

Date Full address

[Auth: - GoI, MoD letter No. 1(2)/2013-D(Pen/Pol) dated 27.04.2015][CS- 157 /2020]

141

APPENDIX-VII (Referred to in Regulation. 115(b) and 131(a))

DECLARATION FROM PARENTS/ ELIGIBLE BROTHERS/

SISTERS FOR DEPENDENT PENSION

I……………………………………………………… (Name of applicant),

Father/Mother/Brother/Sister of Ex. No. ……………………… Rank ……………………

Name ……………………………………….. Unit

……………………….aged………….……years………………….,resident of

…..………………………………………………… do hereby solemnly affirm and declare

as under:-

The deceased ……………………………………………(Name of the deceased

service personnel) was my son/daughter/brother/sister.

I was dependent upon my late son/daughter/brother/sister mentioned above, for

pecuniary needs.

DEPONENT

VERIFICATION

I, the above said……………………………………………(Name of applicant), do

hereby solemnly affirm and declare that the facts mentioned above are true to the best of

my knowledge and belief and nothing has been concealed thereof.

DEPONENT

PLACE:

DATE:

142

APPENDIX-VIII (Referred to in Note 4 of Regulation 141)

Ex-Gratia Lump-sum compensation to families of service personnel who die in harness

STATEMENT OF ILLUSTRATIVE EXAMPLES OF CASES

Cases covered under clause (a)(i) of Regulation 141: Death Attributable to accidents while on

duty : 1. Death, as a result of an accident while traveling in a public, private or official vehicle or

otherwise, of a Group ‘D’ employee, Dispatch Rider, Messenger, Postman, Notice server etc.

deputed to distribute dak notices, etc., or of personnel on field duties. 2. Death occurring due to an accident while traveling on bonafide official duties in a service aircraft.

3. Accidents during test flights of aircraft and non-scheduled flight of chartered aircraft

resulting in death of service personnel traveling on duty in public interest in such flights.

4. Death, in train accidents, of personnel undertaking official journeys on duty.

5. Accidents to ships, river steamers, etc. resulting in death of service personnel undertaking

journeys on duty by these modes of travel. 6. Death, as a result of accidents, of service personnel while proceeding on raids against anti- social elements, etc.

7. Death, due to contact with live electric/power lines, of personnel deployed on

flood/cyclone relief activities.

8. Death, due to electrocution, of service personnel engaged in rectification of defects in

generation and distribution of electricity.

9. Accidents while engaged in rectification of defects in machinery and equipment.

10. Death due to accidental explosion of boilers, storage tanks of inflammable materials,

chemicals etc.

11. Death due to fire accidents while on duty.

12. Death of fire fighting staff engaged in fire-fighting operations.

Cases covered under clause (a)(ii) of Regulation 141: Death Attributable to acts of violence

by terrorists & anti-social elements etc.

1. Death resulting from acts of violence or assault by terrorists, smugglers, dacoits, anti-social

elements etc. against an individual service personnel:-

(a) With the intention of deterring of preventing him from performing his duties; or

(b) Because of any act done or attempted to be done in the lawful discharge of his

duties; or (c) Because of his official position.

2. Service personnel killed in the course of performance of their duties as a result of violence

or attack by armed hostile, extremists, terrorists, anti-social elements, etc.

3. Service personnel on duty, killed in incident of terrorists violence in Jammu & Kashmir,

the North Eastern Region, Punjab, etc. other than in actual operations and encounters. 4. Death, due to stone-throwing, use of weapons and other violent acts by demonstrators,

anti-social elements, etc; service personnel while employed in aid of the civil administration in

quelling agitations, protest demonstrations, riots, etc.

5. Death of service personnel while proceeding on raids against anti-social elements, etc;

attributable to attacks by the parties so raided, including anti-social elements.

6. Death, while on duty, as unwitting victims of bomb blast in public places or vehicles,

indiscriminate-shooting incidents in public, etc. often resorted to by terrorists, anti-social elements,

etc.

143

Cases covered under clause (a)(iii) of Regulation 141: Death occurring during wars or

border skirmishes and action against militants, terrorists and extremists.

The ex-gratia compensation under clause a (iii) of [Regulation 146] Regulation 141[Auth: -

Typographical error] [CS- 99 /2020] will be restricted only to those cases where service personnel are

killed in actual field operations. A higher rate of compensation has been prescribed in these cases

having regard to the magnitude of the hardships and risks involved in field operations including

combing operations against terrorists, militants, etc. This will generally be applicable only to the

service personnel deployed along the borders, line of control etc. as well as those engaged in

combing terrorism. The condition of being actually involved in field operations will therefore,

have to be satisfied before the higher ex-gratia compensation [Rs. 7.50 lakhs] the rates revised from

time to time is sanctioned under this clause. [Auth: - GoI, MoD letter No. 20(5)/2009/D(Pay/Services) dated

04.06.2010] [CS- 100 /2020]

Cases covered under clause(a)(iv) of Regulation 141: Compensation under this clause

will be admissible to families of service personnel killed: - (i) In action in international wars;

(ii) While fighting in war-like situations or border skirmishers with any country;

(iii) In action against armed hostile, militants, terrorists and extremists;

(iv) During laying or clearance of miles, including those laid by enemies, militants, terrorists,

etc., as well as in the course of minesweeping operations; (v) As a result of exploding mines on route to an operational area;

(vi) During battle inoculation as part of prescribed training exercises involving the use of live

ammunition.

In addition families of service personnel killed after being kidnapped by militants,

terrorists, extremists, etc. because of their official position or with a view to spreading terror will

also be entitled to the compensation under this clause.

144

APPENDIX -IX

(Referred to in Regulation – 145(a)(1))

FORM 'A'

Nomination for Retirement Gratuity/Death Gratuity When the individual has a family and wishes to nominate one member or more than one member, thereof.

I, No. Rank Name

hereby nominate the person/persons mentioned below who is/are member(s) of my family,

and confer on him/them the right to receive, to the extent specified below, any gratuity the

payment of which may be authorised by the Government in the event of my death while in

service and the right to receive on my death, to the extent specified below, any gratuity,

which having become admissible to me on retirement may remain unpaid at my death.

Original nominee(s) Alternate nominee(s) Name &

Address of nominee/n

ominees

Relationship with the individual

Age Amount or

share of gratuity

payable to

each*

Name, Address, Relationship & Age of

the person or persons, if any, to whom the right conferred on the nominee shall pass

in the event of the nominee, pre-

deceasing the individual or the nominee

dying after the death of the individual but

before receiving payment of the gratuity

Amount or share of

gratuity payable to each**

(1) (2) (3) (4) (5) (6)

This nomination supersedes the nomination made by me earlier on

which stands cancelled.

Note:1.The individual shall draw lines across the blank space below the last entry to

prevent the insertion of any name after he has signed.

2. Strike out which is not applicable.

* This column should be filled in so as to cover the whole amount of the gratuity.

** The amount/share of the gratuity shown in this column should cover the whole

amount/share payable to the original nominee(s).

Dated This day of 20 at

Witnesses to signature

1.

2.

Signature of individual

145

II (To be filled by the Commanding Officer in the case of PBOR)

Nomination by:

Designation:

Office:

Name:

Designation:

Date:

Signature of Commanding Officer

Proforma for acknowledging the receipt of the nomination from

To.

Sir,

In acknowledging the receipt of your nomination/cancellation, dated

the of the nomination made earlier, in respect of gratuity in Form 'A', I

am to state that it has been duly placed on record.

Place:

Dated the:

Signature

Designation

Note: The individual is advised that it would be in the interest of his nominees if copies

of the nominations and the related notices and acknowledgements are kept in safe

custody so that they may come into the possession of the beneficiaries in the event

of his death.

146

Appendix IX

(Referred to in Regulation 145(a)(2))

FORM 'B'

Nomination for Retirement Gratuity/Death Gratuity When the individual has no family and wishes to nominate one person or more than

one person

I, No. _ Rank Name , having no family,

hereby nominate the person/persons mentioned below, and confer on him/them the right to

receive, to the extent specified below, any gratuity the payment of which may be

authorised by the Government in the event of my death while in service and the right to

receive on my death, to the extent specified below, any gratuity, which having become

admissible to me on retirement may remain unpaid at my death:

Original nominee(s) Alternate nominee(s)

Name &

Address of

nominee/nomi nees

Relationship

with the

individual

Age Amount or share

of gratuity payable

to each*

Name, Address, Relationship & Age

of the person or persons, if any, to

whom the right conferred on the nominee, pre-deceasing the individual

or the nominee dying after the death of

the individual but before receiving

payment of the gratuity

Amount or

share of

gratuity payable to

each**

(1) (2) (3) (4) (5) (6)

This nomination supersedes the nomination made by me earlier on

which stands cancelled.

Note:(i) The individual should draw lines across the blank space below the last entry

to prevent the insertion of any name after he has signed.

(ii) Strike out which is not applicable.

Dated This day of 20 at

Witnesses to signature1.

2. Signature of individual

147

II

(To be filled by the Commanding Officer in the case of PBOR)

Nomination by:

Designation: Office:

Signature of Commanding Officer

Name:

Designation:

Date:

* This column should be filled in so as to cover the whole amount of the gratuity.

** The amount/share of the gratuity shown in this column should cover the whole

amount/share payable to the original nominee(s).

Proforma for acknowledging the receipt of the nomination form

To.

Sir,

In acknowledging the receipt of your nomination/cancellation, dated

the of the nomination made earlier, in respect of gratuity in Form

I am to state that it has been duly placed on record.

Place:

Dated the:

Signature

Designation

Note: The individual is advised that it would be in the interest of his nominees if copies

of the nominations and the related notices and acknowledgements are kept in safe

custody so that they may come into the possession of the beneficiaries in the event

of his death.

148

APPENDIX-X (Referred to in Regulation 158 (a))

TABLE-1

COMMUTATION VALUES FOR A PENSION OF Re. 1, PER ANNUM

(Effective from 1st

March, 1971)

Age next

birt

h-

day

Commutation value

expressed as

number of

year’s

purchase

Age next

birth

-day

Commutation value

expressed as

number of

year’s

purchase

Age next birth-day

Commutation

value

expressed as

number of

year’s

purchase

17 19.28 40 15.87 63 9.15

18 19.20 41 15.64 64 8.82

19 19.11 42 15.40 65 8.50

20 19.01 43 15.15 66 8.17

21 18.91 44 14.90 67 7.85

22 18.81 45 14.64 68 7.53

23 18.70 46 14.37 69 7.22

24 18.59 47 14.10 70 6.91

25 18.47 48 13.82 71 6.60

26 18.34 49 13.54 72 6.30

27 18.21 50 13.25 73 6.01

28 18.07 51 12.95 74 5.72

29 17.93 52 12.66 75 5.44

30 17.78 53 12.35 76 5.17

31 17.62 54 12.05 77 4.90

32 17.46 55 11.73 78 4.65

33 17.29 56 11.42 79 4.40

34 17.11 57 11.10 80 4.17

35 16.92 58 10.78 81 3.94

36 16.72 59 10.46 82 3.72

37 16.52 60 10.13 83 3.52

38 16.31 61 9.81 84 3.32

39 16.09 62 9.48 85 3.13

Note: - This table is based on a rate of interest of 4.75% per annum.

149

Table - 2

COMMUTATION VALUE FOR A PENSION OF RUPEE 1 PER ANNUM

(Effective from 02.09.2008)

Age next

birthday

Commutation

value expressed

as number of

year’s purchase

Age next

birthday

Commutation

value expressed

as number of

year’s purchase

Age next

birthday

Commutation

value expressed as

number of year’s

purchase

20 9.188 41 9.075 62 8.093

21 9.187 42 9.059 63 7.982

22 9.186 43 9.040 64 7.862

23 9.185 44 9.019 65 7.731

24 9.184 45 8.996 66 7.591

25 9.183 46 8.971 67 7.431

26 9.182 47 8.943 68 7.262

27 9.180 48 8.913 69 7.083

28 9.178 49 8.881 70 6.897

29 9.176 50 8.846 71 6.703

30 9.173 51 8.808 72 6.502

31 9.169 52 8.768 73 6.296

32 9.164 53 8.724 74 6.085

33 9.159 54 8.678 75 5.872

34 9.152 55 8.627 76 5.657

35 9.145 56 8.572 77 5.443

36 9.136 57 8.512 78 5.229

37 9.126 58 8.446 79 5.018

38 9.116 59 8.371 80 4.812

39 9.103 60 8.287 81 4.611

40 9.090 61 8.194

[ Basis LIC (94-96) ultimate tables and 8% interest]

[Auth: - Annexure - I of MoD letter No.17(4)/ 2008 (2)/D(Pen/Pol) dated 12.11.2008] [CS- 47 /2020]

150

MEMO EXPLANATORY OF EACH REGULATION OF THE PENSION

REGULATIONS FOR THE ARMY, PART-I (2008)

No. of Regulation

as in the Pension

Regulations For

The Army,

Part-I (2008)

No. of Regulation in;

the existing Pension

Regulations For the

Army Part-I (1961)

Explanatory remarks

1 2 3

1 -- New Regulation

2 -- Clause (a) is new Regulation and clauses (b) & (c) are based on Rules 5(1) & 5(2) of CCS (Pension) Rules, 1972.

3 2 Clause (b) is based on Regulation 4 of PRA Pt-II (1961).

4 2-A (i) Revised and enlarged. (ii) Clause (iv) is based on Rules 3(h)(ii) and 71(3) of CCS

(Pension) Rules, 1972.

(iii) Clause (viii) is based on Rule 3(0) of CCS (Pension)

Rules, 1972

Based on Rule 3(f) of CCS (Pension) Rules, 1972.

5 --- New Regulation based on the Regulation 3 of Navy (Pension) Regulations,(1964).

6 115 Modified on the lines of Rule 7 of CCS (Pension) Rules, 1972;

7 3-B Modified based on MOD No. F 12(I)/73/556/S/D(Pen/Ser) dt. 20.07.74 and No. 12(1)/78/D(Pen/ser) dt. 24.04.79 & No.

40410/AG/PS-4(c)/3212/B/D(Pen/Ser) dt. 28.9.83 and Corr.

Dated 21.06.85 8 4 Modified based on Rules 8 of CCS (Pension) Rules, 1972.

9 5 as amended by CS No. 166/IV/79

Modified based on Rules 9 of CCS (Pension) Rules.

10 6 as amended by CS No. 104/X/69

11 -- New Regulation based on Section-IX of the Pension Army Act, 1871, and Regulation59 of PRA Pt.II (1961).

12 -- New Regulation based on Rule 55-A of CCS (Pension) Rules, 1972 and Deptt.of P&PW OM No. 45/73/97-P&PW(G) dt.

02.07.99 & MOD No 7(1)/95/D(Pen/Sers)99 dt. 06.10.1999.&

No. 7(1)/95/D(Pen/Ser) dt. 28.08.2000, Min of Def ID No.

12(4)/03/D (Pen/Pol) dt. 16.4.2008 read with Deptt. Of P&PW

UO No. 41/42/2007-P&PW (G) dt. 3.4.2008

13 -- New Regulation MOD No.1(1)/98/D(Pen/Ser) dt 15.6.98 MOD No. B/38207/7/AG/PS4(b) /193/A/D(Pen/Ser) dt. 7.3.2001 and

22(1)/01/US(WE)/D(Res) dt 1.4.03 and No.

B/49764/?AG/ECHS dt10.10.2003 & No.22(i)/us(WE)/D(Res)

dt.08.03.04 and AHQ No.B/49784/AG/ECHS dt.

15.1.05,.AHQNo.B/49787/AG/ECHS dt12.7.2005 MOD letter

No. 22D (04)/10/US (WE)/D (Res) dt. 29.9.2010 read with MOD

No. 22D(04)/10/US(WE)/D(Res) dt. 2.08.2011 and dt.

08.08.2011 MOD letter No. 1(10)/09- D(Pen/Pol) dt. 12.1.2011

14 -- New Regulation MOD letter No. 3(5)/98/D(Cer) dt 5.9.03 and MOD ID No. 6020/D(Pen-C)/2001 dt. 10.08.2004and No.

7(32)2007/D(Cer) dt. 14.05.2008 ; 7(119)/2008/D(AG) dt.

30.03.2011

151

15 -- New Regulation based on Regulation 11 of PRA Pt-II (1961) and MOD No. 5(5)/85/272/86/A/D(Pen/Ser) dt. 22.1.86 as

amended by Corr No. 5(5)/85/1481/87/A/D(Pay/Sers) dt.

13.7.87 & MOD No. 1(6)/98/D (Pen/Sers) dt. 3.2.98 and

1(2)/97/D (Pen-C) dt. 31.1.2001 16 -- New Regulation based on Para 13 of MOD letter No.

17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008 Deptt of P&PW OM No. 38/37/08-P&PW (A)/Pt – I dt. 3.10.2008 – clarification regarding Para 5.2 of their OM No. 38/37/08-P&PW(A) dt. 1.9.2008

16A Para 13 of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt.

12.11.2008

16B Para 10 of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt.

12.11.2008 Min of Pers, PG and Pensions, Deptt of P& PW

clarification Sl. No. 2 OM No. 38/37/08- P&PW (A) Part II dt.

03.10.08 and MOD No. 17(4)/08/D (Pen/Pol)/ Part V dt.

31.08.2010

17 -- BLANK

18 9 Clause (a) is based on MOD No. B/38076/AG/PS4(a)/2190/A/D(Pen/Ser) dt. 6.8.84 and (b) is

based on Regulation 9 as modified. 19 26 & 37 CGDA’s letter No. 6428/AT-P dated 20.10.62 MOD letter No.

9(5)/64/11813-D (Pen/Sers) dated 8.12.65. and MOD Letter No.

B/40392/AG/PS4 (C )/420/C/D (Pen/Sers) dated 24.2.81,

MOD Letter No. 1 (5)/87 /D (Pen/Sers) dated 30.10.87. Note

below Para 5.2 of Min of Def letter No. 17(4)/2008/ (2)/ D

(Pen/Pol) dt. 12.11.2008

20 27 Read with Rule 28, 29, 30, 31-A of Leave Rules for Services Vol- I - Army.

21 122 Modified based on CGDA No. 6428/AT-P dt. 20.10.62 MOD No. B/39022/AG/PS-4 (a&c)/589/C/D(Pen/Sers) dt 27.03.02

22 New Regulation based on Section 71(h) of Army Act, 1950.

23 124 Modified based on MOD No .A/49606/7/AG/PS4(a)/2855/c/d(pen/ser) dt 31.10.79 and

No.A/49606/7/AG/PS4(a)/825/c/d(pen/ser) dt 29.3.85 24 58(b), 84,174 & 214 -----

25 New Regulation. MOD No. 76642/AG/PS2(c)/676/8/D(AG-II) dt.

16.04.64 And No.76642/AG/PS-2(c)/669-S/D(AG-II) dt 16.04.64

AI 71/58 and AI 72/58, A.I. 2/69 (Corr. 2/69), A.I. 61/70 (Corr

42/70), A.I. 52/70 (Corr 36/70). 26 Table 3&6 as referred

to in Regulation 18 &

22 of PRA pt-II (1961)

MoD letter no 1(3)/2008/D(Pen/Pol)/Vol.II dated 09.04.2012

27 -- New Regulation based on Note 4 below Rule 33 of CCS

(Pension) Rules and Note 1 is based on proviso to Rule 50(5)

and Rule 54(14) (c) (ii) of CCS (Pension) Rules. Para 3.1 and

Note 4 below Para 3.4 of MOD letter No. 17(4)/2008/(2)/D

(Pen/Pol) dt. 12.11.2008 28 14 29 16 Modified based on MOD Letter No. 12(6)/95/D (Pen/Sers) dt.

9.6.99 & MOD No. Air Hq/24229/Regulation/6 & 102/PP&R-

3/326/A/D(Pen/Sers) dt 25.4.01, No. 4684/DIR (Pen)/2001 dt.

14.08.2001. 30 17

152

31 18 as amended by CS No. 10/IV/67

Read with Deptt of P & PW Notification No. 27012/1/2006- Est (A) dt. 23.11.2006 amending Rule 18 of CCS (Pension) Rules,

1972. 32 19 as amended by CS

No. 66/IV/79 Clause (d) is based on AI 10/S/63 as amended vide amendment No. 11 dated 7.3.70.

33 22 Reconstructed based on Regulation 18 of Navy (Pension) Regulations, 1964.

34 25(a) & 36(a) Revised vide Para Para 5.1.1.(b) of MOD letter No.

17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008 ; No

17(4)/2008(2)/D(Pen/Pol) dated 30.10.2009 35 Proviso to 22 New Regulation based on Para and proviso of Note 1

and Note 3 below Rule 34 of CCS (Pension) Rules.

36 -- New Regulation based on & No.B/41002/T/AG/PS-

5/1368/2007/D(Pen/Policy) dt. 27.04.2007, Para 6.1 (a) of MOD

letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008 as modified

by Corr of even No. dt. 20.1.2009 and re-modified by Para 3 of

letter even No. dt. 30.10.2009

37 53 Reconstructed based on para 8 of MOD letter No. 1(2)/97/D(Pen/C) dated 31.1.01 read with MOD No.

220576/77/Pen-C dt. 1.10.1977. 38 -- New Regn based on Regulation 25 of Navy(Pension)

Regulations,1964. 39 25(b) & 36(b) --

40 ---- Based on para 8 of MOD Para 7.2 of MOD letter No.

1(5)/87/D (Pen/Sers) dt. 30.10.1987& Para 8 of MOD letter No.

17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008 41 113 Modified based on MOD letter No. 12(6)/D(Pen/Sers) dated

09.06.1999, and MOD letter No. 4684/DIR/(Pen)/2001 dated

14.08.01. 42 120 --

43 123 ---

44 125 Modified based on MOD letter No. 4684/DIR/(Pen)/2001 dated 14.08.01.

45 126 Modified based on MOD letter No. A/19008/AG/PS4(a)/5357/D(Pen/Sers) Dated 7.7.69 and MOD

letter NO.B/40392/ AG/PS4(c)/ 420 /C/D(Pen/Sers) dt. 24.2.81

MOD Letter No. A/48977/AG/PS4-(B)/891/C/D(Pen/Ser) dt

04.10.95 46 -- New Regulation

47 132 --

48 133-A & 135 BLANK

49 134 --

50 136-(a) Re-constructed based on Para Para 6.2 of MOD letter No.

17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008 and MOD letter No.

17(4)/08/(2)/D (Pen/Pol) dt. 18.8.2010

51 -- New Regulation AHQ letter No. 14(1)/79/D(AG) dated 17.7.1979 AHQ letter

No. 82412/ Naik/ GW-2(b)/5350/D(AG) dated 9.12.1981 MOD

letter No. 15(1)/83/D(AG) dated 28.7.1984. Min. of Defence

letter No.-B/39046/218 (iii)/AG/PS-6/522/D(Pay/Services)/2011

dated 25.04.2011

52 137 Modified vide MOD No. 1(1)/88/D(Pen/Sers) dated 06.11.91, Min of Def letter No. 1(8)/2008/D(Pen/Pol) dt. 12.06.2009 and CGDA decision No. 5698/AT-P/6th CPC/Def/Vol-VI dt. 2.6.2010

153

53 179 Reconstructed based on para 8 of MOD letter No. 1(2)/97/D(Pen/C) dated 31.1.01 and AI 184/69. No.

16(6)/2008/D(Pen/Pol) dt. 05.05.2009

54 139, 142 Modified vide based on Para 5.1.3 of MOD letter No.

17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008

55 140 Modified vide based on Para 8 of MOD No. 1(6)/98/D

(Pen/Sers) dt. 3.2.98 56 164 167 Modified vide based on Para 5.1 of MOD letter No.

16(6)/2008/D(2) (Pen/Pol) dt. 5.5.2009 57 165 MOD letter No. 16(6)/2008/D(2) (Pen/Pol) dt. 5.5.2009 and of

MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008

58 70, 71 & 196,197 Clause (b) is based on MOD No. A/15774/AG/PS- 4(a)/493/D(Pen/Ser) dt. 18.4.1967 & No. A/05210/AG/PS-4 (d)

dt. 14.12.72 59 72 & 198 ---

60 75,77 & 200,201 Modified vide based on Para 5.2 of MOD letter No.-

16(6)/2008(2)/D(Pension/Policy) dt. 5.5.2009 read with Para 6 of

MOD letter No.-17(4)/2008/(2)/D/Pension/Policy) dt. 12.11.2008

61 --- New Regulation vide CGDA No. 6518/AT-P dt. 16.10.65.

62 --- New Regulation based on para 1 of AI 51/80

63 -- New Regulation based on Note below para 1 of AI 51/80 and modified vide MOD No. A/06724/AG/PS-4(a)/39/B/D9Pen/Ser)

dt. 23.01.82 & Para 8 of MOD No. 1(6)/98/D (Pen/Sers)

dt. 3.2.98 64 --- New Regulation based on Para 11.4 and Para 13 of MOD

letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008 and Para

9(c) of Notification dated 8.6.2011 published in the Gazette of

India Part II section 3 Sub-Section I. circulated under Deptt of

P&PW No. 38/80/2008 – P&PW (A) (Part II) dt. 8.6.2011 &

Note-2 is based on Regn 135 PR-I. MoD letter No 1(9)/2009-

D(Pen/Pol) dt.15.06.2009

65 --- New Regulation clause (a) is based on MOD No. 220574/77/Pen-C dt. 31.7.78 Clause (b) is based on Note-2

below para 2 of AI 51/80 and clause (c) is based on MOD

No.196313/pen-C dt 7.4.70 66 -- New Regulation based on Para 6 of AI 51/80 read MOD letter

NO6(7)/87/D(Pen/Ser) dated 5.4.1991. &AI 3/95, Para 11.1 &

11.3 of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt.

12.11.2008 & MOD letter No. PN/7995/D (Pen/Pol)2010

dt.1.10.2010

67 -- New Regulation based on para 7 of AI 51/80 & AHQ NO A/44151/M/AG/PS-4(e)/381/B/D/(Pen/ Ser) dated 11.6.1993and

Para 13.2 of MOD No. 1 (6)/98/D (Pen/Sers) dt.3.2.98.MOD

No. 1(3)/2007/d(Pen/Ser) (E) dt 25.10.07, No

17(4)/2008(2)/D(Pen/Pol) dt. 12.112008;No 1(6)/2011-

D(Pen/Pol) dt. 06.01.2011 and its corr dt 17.01.2012, DP & PW

OM No. 1(11)/2011-P&PW(E) dt. 30.11.2011 , No

1(2)2012/D(Pen/Pol) dated 15.05.2012

68 -- New Regulation based on para 8 of AI 51/80 and MOD No. A/49601/AG/PS-4(a)/1120/B/D(Pen/Ser) dt 25.9.91& MOD ID

No. 878/A/D/(Pen/Ser)/04 dt. 21.09.2004 and No.1(3) /2007/D

(Pen/Policy) dt 25.10.07 , PN/7995/D(Pen/Pol)/2010 dt.

01.10.2010

154

69 -- New Regulation MOD letter No. A/49601/AG/PS- 4(e)/3363/B/D (Pen/Sers) dated 27.8.1987 DOP&PW

Notification 1/9/96-P&PW(E) dt 21.1.99 DP&PW Notification

No. 1/47/87-P&PW/C dated 13.3.90, MOD letter NO.

A/49601/AG/PS 4(e) 1372/B/D (Pen/Sers) dated 20.12.91,

PCMF-Air HQ/24229/788/FPHC/PP&R-3(i)/582/A/ D(Pen/Ser)

dated 29.11.2005 Deptt of P&PW OM No. 1(4)/06-P&PW(E) dt

31.7.06 read with MOD No. 906/A/D (Pen/Ser)/05 dt. 13.08.08

read with Deptt of P&PW OM No. 1(4)/06-P&PW(E) dt.

31.07.06 MOD letter No. 1(22)/2009/D (Pen/Pol) dt. 16.12.2009

70 ---- New Regulation based on Para 13.2 (b) MOD No. 1(6)/98/D (Pen/Sers) dt. 3.2.98 read with MOD No. B/38207/AG/PS4(B) /D (Pen/ser) Dt 26.8.1998 & No. 1(3)/99/D (Pen/sers) dt. 24.11.1999; No. 1(2)/2012/D(Pen/Pol) dt.

15.05.2012

70A MOD letter No. PN/7995/D (Pen/Pol) dt.1.10.2010 read with Deptt of P&PW OM No. 1/15/2008 – P&PW (E) and Rule 10 (B) of CCS (Pension) Rules, 1972 as inserted vide notification dated 8.6.2011 and Deptt of P&PW OM No. 1/13/09 – P&PW (E) dt. 28.4.2011

71 ----- New Regulation based on Para 9 of AI 51/80. MOD letter No. A/06320/Div/AG/PS-4 (e)/395 /B /D(Pen/Sers) dated 25.5.1992

72 --- New Regulation based on Para 10 of AI 51/80 & MOD NO. B/38278/FPS/AG/PS-5/815/A/(Pen/sers)/2005 dt. 07.03.2006

73 --- New Regulation based on Rule 54 (11-A) of CCS(Pension) Rules,1972.

74 --- New Regulation based on Rule 54 (11-B) of CCS (Pension) Rules, 1972. MOD No. 1(4)/99/D(Pen/Sers) dt 5.9.2000.

75 ---- New Regulation based on Rule 54 (11-C) of CCS (Pension) Rules, 1972.

76 ---- New Regulation based on para 13 of AI 51/80.

77 ---- New Regulation based on MOD letters No. 12(16)/86/D(Pen/Sers) dt.3.6.88;

No 12(16)/86/D(Pen/Sers) dt.20.3.90 23.3.92,26.8.93 and No.

12(15)86/D(Pen/Sers) dt. 15.9.99 MOD letter No. 1(1)/2010/D

(Pen/Pol) dt. 15.2.2011, Deptt. Of P&PW OM No. 1/17/2011 –

P&PW(E) dt. 14.9.2011, No. 1/17/2010-P&PW (E) dt. 02.01.2012.

78 --- New Regulation based on Rule 54(13-B) of CCS (Pension) Rules, 1972.

MOD letter No. 2/CC/B/D/(Pen/Sers) 2001 dt. 28.8.2001. 79 --- New Regulation based on Rule 13 A of CCS (Pension) Rules,

1972 80 --- New Regulation based on Rule54 (12) of CCS (Pension) Rules,

1972. 81 48 & 173 The explanation below clause (a) is based on Para 7.1 (i) (i) of

MOD letter No. 1(2)/97/D (Pen-C) dt. 31.1.2001: No.

1(3)/2002/Vol III/D(Pen/Pol) dt. 18.01.2010.

82 -- New Regulation based on Para 4.1 and Para 4.2 of MOD letter No. 1(2)/97/D(Pen-C) dt 31.01.2001 MOD letter No. 1(11)/2006-

(Pen-c) PC dt. 8.9.2009 and MOD No. 1(11)/2006 – D (Pen-C) /

PC dt. 5/8.3.2010 MOD letter No. 2(1)2011-D (Pen/Pol) dt.

3.2.2011, Ministry of Defence letter No. F.No.-1(3)/2002/Vol-

III/D(Pen/Pol) dt. 18.01.2010

83 50 Modified based on Note below para 8.3 of MOD letter No. 1(2)/97/D(Pen-C) dt. 31.1.2001and MOD No. 220576/77/Pen-C

dt. 1.10.77; 16(5)/2008/D(Pen/Pol) dt. 29.09.2009. 84 51 & 175 ---

155

85 52 & 177 ----

86 54 & 178 ----

87 56 & 177 ----

88 57 Para 5 and 6 of MOD No 22679/DGAFMS/DG 3A/2721/D(Med) dated 18.7.74

89 63 & 189 and Appendix III

Para 13 of MOD letter No.1(2)/97/D(Pen-C) dt. 31.01.2001, No 99765/AG/PS-4(g)/10925/Pen-C dt 24.12.63

90 --- New Regulation Para 9 of MOD letter No. 1(2)97/D(Pen-C) dt.31.1.2001. AHQ No. 20035/Org-8(1 of (a) dt. 20.4.93

91 64 &190 ----

92 187 ---

93 114 ----

94 60 Modified based on Para 7.1 of MOD letter No. 1(2)/97/D(Pen- C) dt. 31.01.2001; No. 16(6)/2008/ D(Pen/Pol) dt- 05.05.2009, No 17(6)/2010- D(Pen/Pol) dt-19.08.2010

95 173-A ---

96 181 Para 6 of AI 1/S/2008.

97 182 ---

98 183 Modified based on Para 7.1 of Modified vide MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001; No. 16(6)//2008/ D(Pen/Pol) dt- 05.05.2009, No 17(6)/2010- D(Pen/Pol) dt-19.08.2010

99 --- New Regulation based on para 10 of MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001

100 --- New Regulation based on para 10.1 of MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001; No. 16(6)//2008/ D(Pen/Pol)

dt- 05.05.2009, 10(01)/D(Pen/Pol)/2009/VolII dt. 19.01.201 101 --- New Regulation based on para Para 11.1 of MOD letter No.

1(2)/97/D(Pen-C) dt.31.1.2001. 102 --- New Regulation based on Para 11.2 of MOD letter No.

1(2)/97/D(Pen-C) dt.31.1.2001. 103 --- New Regulation based on Para 11.4 of MOD letter No.

1(2)/97/D(Pen-C) dt.31.1.2001. 104 --- New Regulation based on Para 12 of MOD letter No. 1(2)/97/D

(Pen-C) dt.31.1.2001; No. 16(6)//2008/ D(Pen/Pol) dt-

05.05.2009,

104A --- MoD letter No. 16(6)//2008/ D(Pen/Pol) dt- 05.05.2009,

105 85 & 213 Modified based on MOD letter No. 1(2)/97/D (Pen-C) dt. 31.01.2001;No. 1(3)/2002/Vol III / D(Pen/Pol) dt- 18.01.2010

106 87&207 ---

107 216 Modified based on MOD letter No. A/25002/PS- 4(b)/5018/D(Pen-C) dt 14.6.74 and No. PC to

F/B/39974/53/AG/ PS-4(e)/875/93/D(Pen-C) dt.25.2.1993. 108 --- New Regulation based on Note 2 below Para 5.3 of MOD letter

No. 1(2)97/D(Pen-C) dt.31.1.2001; No. 906/A/ D(Pen/Ser) dt-

13.08.2008

109 85 Para 15.4 of MOD letter No. 1(5)/87/ D (Pen/Ser) dt. 30.10.1987, Modified vide MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001, MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008

110 85 Modified based on MOD letter No. 1(2)97/D(Pen-C) dt.31.1.2001.

111 92 ---

112 100,101 ---

113 95 Modified vide MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001

156

114 --- New Regulation based on Para 5.8 of MOD letter No. 1(2)97/D(Pen-C) dt.31.1.2001.

115 95 Modified based on MOD no. 1(2)/97/D(Pen-C) dt 31.1.2001, Para 16 of MOD No. 1(5)/87/D(Pen/Sers) dt. 30.10.1987, No

1(7)/89/D(Pen-C) dt 21.1.2004, No. 1(7)/89/D (Pen-C) dt.

24.1.2005 116 97 --

117 218 --

118 220 --

119 219 Para 15.4 of MOD letter No. 1(5)/87/ D (Pen/Ser) dt. 30.10.1987, Modified vide MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001

120 227 Modified vide MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001, Para 9.2 of MOD letter No. 16(6)/2008/D(2) (Pen/Pol) dt. 5.5.2009

121 -- New Regulation Modified vide Para 5.8 of MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001

122 221 --

123 231 --

124 224 --

125 225 --

126 229 --

127 230 Modified vide MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001

128 -- New Regulation vide Para 5.7 & 5.6 of MOD letter No. dt.31.1.2008.

129 215 --

130 228 Modified vide MOD No. 200068/70/Pen-C dt 30.5.75 & 20068/70/Pen-C dt. 07.05.76

131 217 Modified vide MOD letter No. 1(2)/97/D(Pen-C) dt. 31.01.2001

132 213 (a) New Regulation Para 6.1 of MOD letter No. 1(2)97/D(Pen-C) dt.31.1.2001, NOTE 2 below Para A (b) (ii) of Annexure I to

MOD No. 200847/Pen-C/71 dt. 24.2.72 133 -- New Regulation Para 6.1, 6.6, 6.2, 6.4 of MOD letter No.

1(2)97/D(Pen-C) dt.31.1.2001 & No. 200847/Pen-C/71 dt.

24.2.72. 133-A New Regulation Based on MOD letter No. 200847/Pen-C/71 dt. 24.2.72 &

11.10.72. 134 -- New Regulation Para 6 of MOD letter No. 1(2)97/D(Pen-C)

dt.31.1.2001. 135 -- New Regulation Para 6 of MOD letter No. 1(2)97/D(Pen-C)

dt.31.1.2001. 136 -- New Regulation Para 6 of MOD letter No. 1(2)97/D(Pen-C)

dt.31.1.2001. 137 104 & 232 MOD letter No. 94846/AG/PS-4 ( C )/47 (S)/ Pen-C dated

13.3.70. 138 104& 232 --

139 104& 232 Modified vide MOD letter No197829/68/ Pen-C/III dated 30.10.1968

140 -- New Regulation Min.of Defence letter No.20(1)/98 /D(Pay/Sers)dated 22.9.98. as amended vide No.20(1)/98/D

(Pay/Sers)dated 12.4.99, No.20(1) /98 /D(Pay/Sers) dated 3.8.99, MOD letter No. 2(2)/2011/D (Pen/Pol) dt. 26.12.2011

157

141 -- New Regulation Min. of Defence letter No.20(1)/98

/D(Pay/Sers)dated 22.9.98. as amended vide No.20(1)/98/D

(Pay/Sers)dated 12.4.99, MOD letter No. 20(1)/98/D (Pen/Ser)

dt. 21.10.2008, MOD letter No. AC 20(1)/98/D (Pen/Ser) dt.

30.04.2009 read with Para 18(d) of Deptt of P&PW OM No.

38/37/08- P&PW (A) dt. 2.9.2008, MOD letter No.

20(5)/2009/D (Pay/Ser) dt. 4.6.2010, MOD letter No.

2(2)/2011/D (Pen/Pol) dt. 26.12.2011, MOD letter No.

20(1)/2009/D (Pen/Ser) dt. 13.07.2009 as modified by MOD No.

20(5)/2009/D (Pay/Ser) dt. 17.8.2010

142 -- New Regulation based on Para 2(a) & (b) of AI 8/S/70, Para 8 of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008, Para 5 of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 30.10.2009, and Para-2 of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) Vol- VII dt. 04.10.2010.

143 -- New Regulation based on Para 2(c) of AI 8/S/70, Para 8 of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008

144 -- New Regulation based on Para 2(c) of AI 8/S/70

145 -- New Regulation based on Para 4 of AI 8/S/70.

146 -- New Regulation based on Para 5(a) ,5(b),5(c),5(d) of AI 8/S/70.

147 -- New Regulation based on Para 7 of AI 8/S/70. Para 2(8) of Min of Pers, PG& Pensioners Notification dated 8.6.2011 in this Gazette of India, Part II section 3 Sub-section I, Circulated under Deptt of P&PW No. 38/80/2008 – P&PW (A) (Part II) dt. 8.6.2011

148 -- Based on Rule 51(A) of CCS (Pension) Rules, 1972.

149 -- New Regulation based on Para 8 of AI 8/S/70

150 -- New Regulation based on Rule 71 of CCS (Pension) Rules, 1972.

151 341 Reconstructed read with MOD letter No. 1(8)/2008/D (Pen/Pol) dt. 12.6.2009; MoD ID No 1/5/2006- D(Pen-C) dt- 11.12.2009

152 Note below 341

Reconstructed. Based on Rule 4 of CCS (Commutation of Pension) Rules, 1981.

153 -- New Regulation based on AI 8/S/70 & Rule 5 of CCS (Commutation of Pension) Rules, 1981. MOD No

A/10112/AG/PS4(c)/7495/D/Pen/Sers) dt. 5.10.67, Para 9.1 of

MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008

154 343 Modified based on MOD letters No. B/40323/AG/PS4(c)/31 4/D/Pen/Sers) dt. 24.7.79 and Corr No. B/40323/AG/PS

4(c)/782/A/D (Pen/Sers) dt. 26.3.1984& Rule 13(3) of CCS (Commutation of Pension) Rules, 1981

155 -- New Regulation based on MOD letter No.B/40323/AG/PS49C) 374 /US/D (Pen/Sers) dt.10.5.78. & Rule 13(3) of CCS

(Commutation of Pension) Rules, 1981., No.B/

40323/AG/PS4(c)/1750/AD (Pen/Sers) dt.26.10.81 . 156 -- New Regulation based on MOD letter No.B/40323/AG/PS49C)

374 /US/D (Pen/Sers) dt.10.5.78. No. 1/40323/AG

/PS4(c)/1314/A/D (Pen/ Sers) dt. 24.7.79., No.B/

40323/AG/PS4(c)/1750/AD (Pen/Sers) dt.26.10.81 and Rule 13

of CCS (Commutation of Pension) Rules, 1981. 157 345 & 354 Reconstructed. Based on MOD letters No.

(c)/01701/AG/PS4(c) 4407/D/Pen/Sers) dt. 7.6.77,

No.B/40323/AG/PS-4(C)/374/US/D (Pen/Sers) dt.10.5.78 its

Corr. No.B/40323/AG/PS4(C)1858/A/D(Pen/Sers) dt.18.10.78,

No.1/40323/AG/PS-4(c)/1314/A/ D(Pen/Sers) dt. 24.7.79 and

Rules 6(c) and 13(3) (d) of CCS (Commutation of Pension)

Rules, 1981.

158

158 344 & 353 Read with AI 85/71.

159 -- New Regulation Based on proviso (a) , (b) & (c) below Rule 6 (i) (ii) of CCS (Commutation of Pension) Rules MOD No

01701/AG/PS4(c)/4407/D/Pen/Sers) dt. 7.6.77 and No.

4(1)/89/D(Pen/ser) dt. 10.11.1995 160 346 & 355 Reconstructed. Clause (ii) based on Rule 28(1) of CCS

(Commutation of Pension) rules, 1981. 161 347 & 356 --

162 -- New Regulation based on Rule 10 of CCS (Commutation of Pension) Rules, 1981 read with Para 17 of MOD letter dt.

3.2.1998. 163 -- New Regulation based on DP&PW OM No.34/2/86-P&PW

dt.5.3.87 and No. 34/2/86-P&PW (G) dt.22.8.90; which applied

to Armed Forces pensioners also. 164 -- New Regulation Para 3 of AI 6/S/65 and AI/85/66

165 -- New Regulation Para 3 of AI 6/S/65 and AI/85/66

166 -- New Regulation Para 5 of AI 6/S/65.

167 -- New Regulation Para 15 of AI 6/S/65.

168 -- New Regulation Para 6 of AI 6/S/65 and MOD No PCB/39028/AG/PS4 (a & c)/863/B/D/Pen/Sers) dt. 28.11.2000 &

Para 5.1.1.(b) of MOD letter No. 17(4)/2008/(2)/D (Pen/Pol) dt.

12.11.2008

169 -- New Regulation MOD letter No. 1(6)/98/D (Pen/Sers) dt. 3.2.98.

170 -- New Regulation MOD Letter No. B/42116/AG/PS-4(C) /351/B/D/(Pen/Ser) dated 3.6.93

171 -- New Regulation Para 9 of AI 6/S/65.

172 -- New Regulation Para 10 of AI 6/S/65 and MOD No 1(9)/2006/D(Pen-C) dt 30.8.2006. & No.

858/2001/D(Pen/Policy) dt. 21.2.2008; No. 1(7)/2011/D(Pen/Pol)

dt. 01.07.2011 173 266 Reconstructed read with MOD letterNo.1 (6)/98/D (Pen/Sers)

dt.3.2.98 and No. 1(2)/ 97/D(Pen-C) dt.31.1.2001.

174 267 Modified based on MOD letter No. PC-III to MF No. A/00592/DSC-2/54-C/D (GS-IV) dt.3.3.83.

175 --

New Regulation based on MOD letter No.A/00592/DSC- 2/54-C/D(GS-IV dated 3.3.83 quoted above and MOD letters

even no dt. 9.1.2001 & Para 5.1.3 of MOD letter No.

17(4)/2008/(2)/ D (Pen/Pol) dt. 12.11.2008

176 267(d) Modified based on MOD letters.No.A/00592/DSC-2/54-C/D (GS-IV) dt.3.3.83 & Para 5.1.3 of MOD letter No.

17(4)/2008/(2)/ D (Pen/Pol) dt. 12.11.2008 read with MOD letter

No. 17(4)/2008/(2)/ D (Pen/Pol) Vol- VII dt. 04.10.2010

177 -- AI 8/S/70

178 -- 7/S/1961

179 280 & 281 Reconstructed MOD letter No. A/02361/AG/PS- 4(a)/887/(Pen/C) dt. 07.02.64, MOD No. 1(2)/84/D (Pen-C) dt.

29.5.1986 and No. 1(2) 97/D (Pen-C) dt.31.1.2001, 180 293 AI 2/S/64 and AI/12/S/64

181 282 MOD letter No. 1(2) 97/D (Pen-C) dt.31.1.2001& No. A/28436/AG/PS4(d)/5397/Pen-C dt. 6.8.70

182 292,295 & 317 Reconstructed MOD letter No. 1(6)/98 /D(Pen/Ser) dated. 3.2.98 and MOD letter No.1(2) /97/D(Pen-C) dated 31.1.2001.

183 293 --

159

184 -- New Regulation based on MOD letters No. 68699/221/GS/TA- (A)/1181/B/D(GS-VI) dt.11.6.85 & No. 68699/GS/ TA-

3(a)/1068/B/D(GS-V) dt. 1.7.86 & No. 1(6)/98/D (Pen/Sers)

dt.3.2.98 & No 46347/Pen/TA/4/342/us (D) (CS-III)/2008 & dt.

23.5.2008 185 -- New Regulation reconstructed based on Para 2(a) & (b) of MOD

letter dated 11.6.85, No. 68699/221/GS/TA-3(a)/884/B/D(GS-

VI) dt. 29.5.86 and ID No. 20(i)/2007/D(GS-III) dt. 5.2.08 186 -- New Regulations based on Para 6.1 & 6.2(b) of MOD letter

No.1(6)/98 /D(Pen/Ser) dated 3.2.1998. 187 -- New Regulation based on MOD letter dated 11.6.85, MOD

letter No.1(6)/98 /D(Pen/Ser) dated 3.2.1998. 188 -- New Regulation based on MOD letter dated 11.6.85.

189 297,317,318 190 -- New Regulation MOD letter dated 11.6.85, MOD letter

191 -- New Regulation MOD letter dated 11.6.85, MOD letter No.1(6)/98 /D(Pen/Ser) dated 3.2.1998.

192 -- New Regulation based on MOD letter dated 11.6.85, MOD letter No. 1(6)/98 /D(Pen/Ser) dated. 3.2.98.

193 302 to 309, 324,325 to 331

Revised vide MOD letter No. 1(2) /97/D(Pen-C) dated 31.1.2001.

194 302,310 to 312,324 &332 to 334

Revised vide MOD letter No. 1(2) /97/D(Pen-C) dated 31.1.2001.

195 302,310,311,312,324, 325 to 332

Revised vide MOD letter No. 1(2) /97/D(Pen-C) dated 31.1.2001.

196 127(b) --

160

No. of Appendix No. of Appendix in

PRA Part –I (1961) Explanatory remarks

I -- New Appendix based on MOD letter No. 1(1)/98/D(Pen/Sers)

dated 15.06.98, No. B/38207/7/AG/PS-49b)/193/A/D(Pen/Ser)

dt. 7.3.2001. AGs Branch, Central Organization, ECHS No.

4/AG/ECHS dt. 15.01.2005 and MOD Corr No. 22D (04)/10/US

(WE) /D (RE) dt. 29.9.2010, 02.8.2011 and 08.8.2011

II -- New Appendix based on MOD No. F3/29/59/D(Cer) dt.

19.01.62 No. F. 3(32)/72/D(Cer) dt 30.10.72. No.

3(32)/72/D(Cer) dt 13.11.72 No. F.3(32)/42/D(Cer) dt. 30.9.75&

Corr No. F. 3(32)/72/D(Cer) dt. 8.6.98, & No. F. 3(8)/98/D(Cer)

dt. 18.3.99 revised and modified. and 3(5)/98/D(Cer) dt 5.9.2003

& No. 7(32)/2007/D(AG) dt. 14.05.08, MOD letter No.

7(32)/2007/D (AG) dt. 14.5.2008 and MOD letter No.

7(119)/2008/ D (AG) dt. 30.3.2011, Para 4 of MOD letter No.

3(8)/83/D (Cer) dt. 09.05.1985 & CGDA No. AT/1/3510/V-

CPC-IV dt. Jan 2000.

III -- Based on MOD letter No. 1(2)/97/D(Pen-C) dt 31.1.2001 and 7.2.2001 and No.4684/DIR(PEN)/2001 dated 14.08.2001 and

Corr dt 07.11.2001 III A Min of Def letter No. 906/A/D (Pen/Ser)/05 dt. 13.8.2008

IV -- MOD letter No. 1(3)/2002/Vol-III/D (Pen/Pol) dt. 18.1.2010, dt 15.02.2010, No. 6(1)/2009- D(Pen/Pol) dt-01.06.2010, No. 16(2)/2008/D(Pen/Pol) dt.25.05.2012

V V ----

VI II ----

VII -- MOD No. 1(7)/89/D(Pen-C) dt. 24.01.05

VIII V New Appendix based on MOD No. 20(1)/98/D(Pay/Ser) dt.

22.9.98 as amended vide even No. dt. 12.4.99, No. 20(1)

98/D(Pay/Ser) dt. 3.8.99. IX -- AI 8/S/1970

X -- New Appendix based on A1 85/71 & Annexure I to MOD letter

No. 17(4)/2008/(2)/D (Pen/Pol) dt. 12.11.2008

161

Memo explanatory of the treatment accorded in the Pension Regulations for the

Army, Part-I (2008) to each regulation number of Pension Regulations for the Army,

Part-I (1961).

No. of Regulation i Pension Regulation

for the Army Part

I(1961).

No. of corresponding

Pension

Regulations for

the Army, Part-I

(2008)

Explanatory remarks

1 2 3

1 2 Revised and enlarged

2 3(a) --

2-A 4 Revised and enlarged.

3 -- Obsolete.

3-A -- Taken to Part-II.as Regulation 108

3-B 6 Clause (c) of Reg 3B omitted being obsolete.

4 8 Revised and enlarged.

5 9 Reconstructed.

6 10 Modified.

7 -- Omitted.

8 -- Taken to Part-II. as Regulation 84

9 18 Modified.

10 Blank -- --

11 -- Omitted.

12 Blank -- --

13 Blank --

14 27 Modified.

15 Explanation below 34

--

16 28 --

17 29 Reconstructed.

18 30 --

19 31 --

20 Blank -- --

21 Blank -- --

22 33 .

23 Blank -- --

24 Blank -- --

25(a) 34 --

25(b) 39 --

26 19 Revised and enlarged.

162

27 20 --

28 -- Obsolete.

29 36 Modified.

30 -- Obsolete.

31 -- Obsolete.

32 40 --

33 Blank -- --

34 Blank -- --

35 Blank -- --

36(a) 33

36(b) 39 Redundant. See revised Regulation.36.

37 19 Revised Regulation.17.

38 20 --

39 -- Obsolete.

40 -- Obsolete.

41 -- Obsolete.

42 -- Obsolete.

43 40 .

44 Blank -- --

45 Blank -- --

46 Blank -- --

47 -- Obsolete.

48 81 --

48-A 92 --

49 -- Redundant

50 83 --

51 84 --

52 85 --

53 37 Modified

54 86 & 142 --

55 Blank -- --

56 88 --

57 87 Modified.

58(a) -- Obsolete.

58(b) 24 --

59 -- Omitted.

60 94 --

60-A Obsolete

60-B -- Obsolete

61 -- Obsolete

62 -- Obsolete.

63 89 --

64 91 --

65 Blank -- --

66 Blank -- --

163

67 Blank -- --

68 Blank -- --

69 Blank -- --

70 -- Obsolete.

71 58 --

72 59 --

73 -- Redundant. See Regulation. 34.

74 -- Obsolete.

75 60(a) --

76 60(a) --

77 60(b) --

78 Blank -- --

79 Blank -- --

80 Blank -- ---

81 -- Obsolete.

82 Obsolete.

83 106 Modified.

84 24 --

85 105 Reconstructed.

86 -- Obsolete.

87 -- Redundant

88 Blank -- --

89 -- Superfluous.

90 -- Superfluous.

91 -- Superfluous.

92 111 --

93 -- Obsolete.

94 -- Obsolete

95 113 --

96 -- Obsolete.

97 116 --

98 112 --

99 -- Obsolete

100 112 --

101 112 --

102 -- Obsolete.

103 -- Obsolete.

104 137,138 & 139 --

104-A -- Obsolete.

105 -- Obsolete.

106 -- Superfluous.

107 Blank -- --

108 Blank -- --

164

109 Blank -- --

110 Blank -- --

111 Blank -- --

112 Obsolete.

113 41 --

114 93 --

115 6 --

116 -- Obsolete.

117 -- Superfluous.

118 -- Superfluous.

119 Blank -- --

120 42 --

121 -- Obsolete.

122 21 --

123 43 --

124 23

125 49 Modified.

126 45 Reconstructed.

127 -- Superfluous.

128 Blank -- --

129 Blank -- --

130 Blank -- --

131 Blank -- --

132 47 --`

133 48 --

133-A Note 2 below 48 Superfluous.

134 49 --

135 48(d)

136 50 --

137 52 --

138 -- Superfluous.

139 54 --

140 55 --

141 -- Superfluous.

142

143 Blank -- --

144 Blank -- --

145 -- Redundant.

146 -- Redundant.

147 -- Redundant

148 -- Redundant.

149 -- Redundant.

150 Blank -- --

151 Blank -- --

152 Blank -- --

165

153 -- Redundant

154 -- Redundant

155 -- Redundant

156 -- Redundant.

157 -- Redundant.

158 -- Redundant

159 Blank -- --

160 Blank -- --

161 Blank -- --

162 Blank -- --

163 Blank -- --

164 56 --

165 57 --

166 Obsolete

167 56 --

168 -- Obsolete

169 Blank -- --

170 Blank -- --

171 Blank -- --

172 -- Obsolete.

173 81 --

173-A 95 --

173-B -- Redundant.

174 24 --

175 84 --

176 -- Superfluous.

177 85 --

178 86 --

178-A -- Superfluous.

179 53 --

180 Superfluous.

181 96 --

182 97 --

183 98 Modified vide MOD No. 1(2)/97/D(Pen/C) dt. 31.01.01

183-A -- Redundant

184 -- Obsolete.

185 -- Redundant

185-A Obsolete

186 -- Superfluous.

187 92 --

188 87 --

189 89 --

190 91 --

191 Blank -- --

166

192 Blank -- --

193 Blank -- --

194 Blank -- --

195 Blank -- --

196 -- Superfluous.

197 58 --

198 59

199 -- Superfluous.

200 60(a)

201 60(b)

202 Blank -- --

203 Blank -- --

204 Blank -- --

205 Blank -- --

206 -- Obsolete.

207 106 --

208 Blank -- --

209 Blank -- --

210 Blank -- --

211 Blank -- --

212 -- Redundant.

213 105 --

214 24 --

215 129 --

216 107 Reconstructed.

217 131 --

218 117 --

219 119 --

220 118 --.

221 122 --

222 -- Superfluous.

223 -- Obsolete.

224 124 --

225 125 --

226 -- Redundant.

227 120 --

228 130 --.

229 126 --.

230 127 --.

231 123 --

231-A -- Superfluous.

232 137 --

233 Blank --

234 Blank -- --

235 Blank -- --

167

236 -- Obsolete.

237 -- Obsolete.

238 -- Obsolete.

239 -- Obsolete.

240 --++++++++ Obsolete.

241 -- Obsolete.

242 -- Obsolete.

243 Blank -- --

244 Blank -- --

245 Blank -- --

246 -- Obsolete.

246-A -- Obsolete.

247 -- Obsolete.

247-A -- Obsolete.

248 -- Obsolete.

249 -- Obsolete.

250 -- Obsolete.

251 Blank -- --

252 Blank -- --

253 -- Obsolete.

254 -- Obsolete.

255 -- Obsolete.

256 -- Obsolete.

257 -- Obsolete.

258 -- Obsolete.

259 -- Obsolete.

260 Blank -- --

261 Blank -- --

262 Blank -- --

263 Blank -- --

264 Blank -- --

265 -- Redundant.

266 173 --

267 174 Reconstructed.

268 -- Redundant.

269 Blank -- --

270 Blank -- --

271 175(a) --

272 175(a) --

273 -- --

274 -- Redundant.

275 Blank -- --

276 Blank -- --

277 Blank -- --

278 Blank -- --

168

279 -- --

280 179 --

281 179 --

282 181 --

282-A 181(b) --

283 -- Obsolete.

284 180

285 180

286

287

288 179

289

290

291 Blank -- --

292 182 --

293 183 --

294 Blank -- --

295 195, 196

296 211 --

297 212 --

298 Blank -- --

299 Blank -- --

300 Blank -- --

301 Blank 189 --

302 -- --

303

304

305

306 193

307

308

309

310 194.

311 --

312 -- Obsolete.

313 Blank -- --

314 Blank -- --

315 Blank -- --

316 Blank -- --

317 -- Superfluous.

318 189 --

319 189(c) --

320 Blank -- --

321 Blank -- --

322 Blank -- --

169

323 Blank -- --

324 196 --

325 --

326 --

327 .--

328 193. --

329 --

330 --

331 --

332 --

333 194

334 -- Obsolete.

335 Blank -- --

336 Blank -- --

337 Blank -- --

338 Blank -- --

339 Blank -- --

340Blank -- --

341 -- Obsolete

342 153 --

343 152 --

344 158 --

345 157 --

346 160 --

347 161 --

348 -- Superfluous.

349 -- Superfluous.

350 153 --

351 151 --

352 152 --

353 158 --

354 157 --

355 160 --

356 161 --

357 -- Superfluous.

Appendix-I -- Obsolete.

Appendix-II IV Revised

Appendix-III VII Revised

Appendix-IV -- Superfluous.

Appendix-V V --

170

REGISTER OF CORRECTION

Number of correction

slip

Regulation/ Regulations

affected

Dated initial of person by

whom

pasted

Number of correction

slip

Regulation/ Regulations

affected

Dated initial of person by

whom

pasted

171

REGISTER OF CORRECTION

Number of correction

slip

Regulation/ Regulations

affected

Dated initial of person by

whom

pasted

Number of correction

slip

Regulation/ Regulations

affected

Dated initial of person by

whom

pasted