The Indian Army has changed the Pension Rules which affects the legitimate rights of the Low Medical category personnel drastically, says a veteran soldier of the Indian Army. After getting the authority and proof of such changes, it has been found that a large number of soldiers will be affected by this adverse nature of decision taken by the Defence Authority. It is a big changes in Pension Rule for Soldiers with Disability and unwilling to accept sheltered appointment.
On being placed in permanent low medical category SHAPE-2 or 3, an option is sought from him if he is willing to continue in service or not. Due to the versatile nature of duties of the Soldiers belonging to JCOs/OR category with heavy stress and strain in daily routine of the soldiers, a large number of such disabled soldiers opt Unwillingness to continue in service. According to Regulation 95 of pension regulation for the Army 2008 Part-I & ER and GMO 2008, such LMC soldiers are treated as deemed to be invalided out of service.
According to the pension Regulation 81 and 82, if a soldier is invalided out of service due to Disability attributable to or aggravated by military service, he will be awarded disability pension comprising service element and disability element. Invalid pension is awarded to such soldiers where disability is not attributable and /or not aggravated by military service with less than 15 years of qualifying service.
A large number of soldiers with less than 15 years service have opted for such unwillingness and getting service element and disability element both and the total pension amount in such cases proved to be more than that of the the service pension amount entitled to a soldier discharged after completion of terms of engagement in general condition that is 24 Years in Hav rank etc. In the event of such release not treated as invalided out of service /deemed to be invalided out of service, those who have not rendered qualifying for service i.e 15 years, will not get service element (equal to service pension).
The matter was under strict surveillance of the Defence pension authority and a Expert committee of Defence sought opinion of CGDA in the year 2018 and it was recommended that the unwilling to accept sheltered appointment should be treated as Premature retirement (discharge at own request).
After introduction of Revised ER and GMO in 2023, the matter has been actively implemented and the definition of invalided out of service has been changed. Unwilling to accept sheltered appointment cases has been excluded from the list of invalided out/deemed to be invalided out of service criteria. However, Regulation 95 of the Pension Regulation for the Army 2008, Part -I has not been amended so far and there was a confusion to take decision by the Record offices and Pension disbursement authority i.e PCDA(P), Prayagraj.
The provision of sheltered appointment is generally found in the Indian Army. Recently, after the introduction of ER & GMO 2023, Indian Army has circulated their decision on the matter related to Unwilling to accept Sheltered Appointment vide IHQ of MoD (Army) (MP-3) Note No B/10201/LMC/MP-3(B-III) dt 08.07.2024 and the same has been implemented by the Record offices to release the LMC soldiers accordingly. According to the new order, all sheltered appointment unwilling cases will be treated as Discharge at Own Request. As a result, they will not be entitled to get any disability pension. However, impairment relief will be allowed to them which have no provision of service element. Some portion of such decision wherein the latest order of Indian Army has been implemented is reproduced below –
JCOs /OR esepcially who have not rendered /completed minimum pensionable service should read carefully before excercising their option to Unwiiling to accept Sheltered Appointment as it may effect badly on their expected pension. In such case they will not be entitled any invalid pension or disability pension. If attributable or aggraved by militry service with minimum 20% disability , they may get impairment relief only.