RTI application was forwarded to PCDA regarding confirmation of certain rules and regulations related to applicability of Disability pension to LMC personnel who released due to unwilling to accept sheltered appointment and rendered below 15 years of service. The copy of the RTI application and its reply is reproduced below :
“As per Pension Regulations for the Army 2008 Part-I, Sub-Section-III , Regulations 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. in this regard please provide following information :
(a) Is the provision regarding status of type of release (invalided out of service) is still unchanged or any modification occurred in respect of the person who is unwilling to accept the alternative employment and discharged before completion of the engagement.
(b) Whether such discharge will be treated as invalided out of service or Premature retirement (PMR) for the purpose of grant of pensionary benefit.
(c) Please provide relevant rule position for Such a PBOR whose service is less than 15 years, disability is attributable or aggravated by military service with minimum1% disability and released from service being unwilling to accept alternate appointment will be granted service element and disability element both or otherwise.”
Reply of this RTI request has been received which is in Hindi is also reproduced below :-
So, it is confirmed from the reply above that
(i) Sheltered appointment unwilling cases are to be treated as Invalidated out of service and not Discharge at own request.
(iii) All invalid cases are eligible to gate disability pension/invalid pension as per eligibility.
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