The benefits of disability pension as per the orders would be applicable on all those who became physically challenged on or after January 1, 1996. This initiative of filing a case in the AFT taken by the IESM Governing . 4 0 obj Furthermore, the respondent emulated that the issue of rounding off was res integra and were of the opinion that the case is squarely covered by the decision of K.J.S. There are lot of judgements regarding broadbandin/rounding of disability pension.  This post tells broad banding of disability/war injury element of pension with effect from 1.1.1996 irrespective of restriction of arrears upto 3 years or they retire post/pre 1996. endobj stream Regards. I have a judgement against me-can my social security disability pension be garnished from my bank (direct deposit) I LIVE IN TEX. Controller General of Defence … As elaborated in Para 28 and 29 of the said judgment, the court has made it absolutely clear that ‘if a person at the time of entry into service was in sound physical and mental health and no entry of any disability exists in his record; then any disability occurring to the individual would be deemed to have occurred in service and would be attributed to and aggravated to military service’ and therefore such a person would be entitled to disability pension … [S Sriram v. Union of India, 2019 SCC OnLine AFT … 4 dated 31.03.2011 is enclosed as Annexure No. “Disability pension has been a major cause of concern among veterans. The petitioner by this petition prays for continuance of grant of disability pension along with quashing of the findings of the Reassessment and Review Medical Boards. 5591 of 2006, KJS Buttar versus Union of India & others, which has also held that personnel, who retired/invalided out even before 01.01.1996 and in receipt of disability pension, are entitled to the benefit of ‘rounding off’ w.e.f. granted disability pension in similar cases and that his case is covered . 5. x��ks۸�{f��Q���$ٹь�����׳�N'w���ʒ�����@A�.3MF2E`X��-������'�}7[����c�L>��vϿ��>׳��z[�׻�|��_^$�wo�̮Y�X�������d�%B�4gI�Y������,Y���o�|���/��_߾�x��BI�r�C}�$���He���H�왛\}�Hf�5�����өe���g�*-S!��̱\����&Y�e:������L�f١�������^M>M�d7��Kٌgl��$O.�jR�Zoad9�'u��� 9. The Chennai bench of the Armed Forces Tribunal, granting an ex-serviceman 50% disability pension around three decades after he was discharged from ser Lt col SS Rao Namana(retd) ===== Dated: 10 Oct 2013. The judgement was pronounced in less than a month of filing of the appeal by the applicant. In the letter, the lawyer has said that Lt Gen. has a defamation case pending against him in connection with his comments. AFT slams MoD for appeals against its orders on disability pensions; ... recorded that the issue stood well-settled by at least nine full-fledged judgements of the SC including a three-judge … 7. <>>> Moreover the aggrieved party requested for an Original Application in lieu with the applicant preferred a representation dated 11.10.2017 which is said to be undecided till date. It was also argued that applicant was heard and had also persuaded material facts which were of the importance to the case. New Delhi: T he Supreme Court has rejected the disability pension demand of a former Army man who injured himself while on casual leave — a ruling that adds to the debate on giving special treatment to military personnel with medical conditions acquired while in service. The Tribunal Finally held that the disability accrued by the applicant was during the course of Military Service and he is thus entitled to disability element of pension at thirty percent for life which is liable to be broadband to 50 percent too. This website is our medium to spread legal knowledge and awareness on day to day legal hassles in our life. (Copy of Apex Court judgment . Per contra, the respondents assessed that the 7th C.P.C policy was implemented which is for grant of benefit of broad-banding of disability element has been revised vide Ministry of Defense letter No 17 (2)/2016-D (Pen/pol) dated 04 Sep 2017. The fact of the case is that the applicant was enrolled in Assam Regiment on 24.12.1992. AFT Cases / Pension Effect of Judgment of Larger Bench of AFT Chandigarh on Arrears. On 2 July 2014, the AFT allowed the O A by holding that the appellant was entitled to disability pension. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 1008] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> One of the top concerns for many working AFT members is finding a disability plan that can deliver benefits high enough to adequately cover their income. Broad Banding (BB) benefit to disabled soldiers, in receipt of disability pension - AFT judgement in favour of TSEWA. The Chandigarh Bench of the Armed Forces Tribunal (AFT) has awarded the service element of the disability pension to an applicant, who was discharged from the Army on medical grounds in 1972. OA 3/2018 (AFT-2 B) (BB3) - with MA 5/2018 - Coordinator: Col Ajit Singh Rana - 159 petitioners - Lead petitioner: Brig MK Ganju : Broad banding benefit to all disabled soldiers who are in receipt of disability element. No comments: Post a Comment. Broad Banding (BB) benefit to disabled soldiers, in receipt of disability pension - AFT judgement in favour of TSEWA.
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