Copy of Regulation 81, 82 & 83, 94 & 95 of PRA 2008 (Revised 2021) Part-I
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
Regulation 81.
(a) Service personnel who is invalided 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. Further revised vide ER and GMO 2023 dt 21.09.2023.
Regulation 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.
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.
Regulation 83 – Applicable to LMC personnel, Discharged at own request cases only.
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]
Regulation 94 & 95 of PRA 2008 (Revised 2021) Part-I –
Amount of Disability pension – Reg- 94
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.] [CS54 /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: – to be reckoned for computing disability element – Upto 50 – 50%, Between 50 and 75 – 75% , Between 76 and 100 – 100%
Regulation – 95 – Who will be known as Invalided out of Service before implementation of ER and GMO 2023
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 laid 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. However, after implementation of ER and GMO-23, this provision has been amended and in case of unwilling to accept sheltered appointment, will now be treated as Discharge at own request. Auth – Para 5 of ER and GMO 2023 dt 21.09.2023.
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.
Applicability of Disability pension comprising service element and disability element for Invalided out of service cases only after introduction of ER and GMO 2023 & IHQ(MoD) Army (MP-3) clarification on this matter dated 08.07.2024 followed by Arty Records.
Definition of invalided out of service in ER and GMO 2008 – Para 4 of ER and GMO 2008
Invalided out of service – Only those personnel who are boarded out of service on medical ground before completing their terms of engagement are treated as invalided from service
Deemed To be Invalided out of Service – PBORs and equivalent who are permanently placed in a medical category other than SHAPE-1 and are discharged because (i) no alternative employment could be provided to them suitable to their medical category or (ii) are discharged before completing their terms of engagement after providing suitable alternative employment or (iii) Unwilling to accept sheltered appointment and thereby discharged from service are ‘Deemed to have been Invalided’ from service.
Definition of invalided out of service in ER and GMO 2023 – Para 5 of ER & GMO 2023
Invalided out of service – Only those personnel who are boarded out of service on medical ground before completing their terms of engagement are treated as invalided from service
Definition of Deemed to have been invalided from Service as per New ER and GMO 2023 -PBORs and equivalent who are permanently placed in a medical category other than SHAPE-1 and are discharged because (i) no alternative employment could be provided to them suitable to their medical category or (ii) discharged before completing their terms of engagement after providing suitable alternative employment are ‘Deemed to have been Invalided’ from service.
CIRCUMSTANCE OF DEATH/DISABILITY ATTRIBUTABLE TO OR AGGRAVATED BY MILITARY SERVICE 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: –
Does Deemed to have been invalided from Service’ apply to Officers?
No. Deemed to have been invalided from Service only applies to PBOR as per GMO 2008 & 2023.
Who is Eligible to get Disability Pension ? – Authority – Pension Regulation for the Army 2008 Part-I – Regulation 81,82,83,94 & 95
Disability pension is applicable to the personnel who are invalided out of service/ deemed to be invalided out of service and Disability is attributable/aggravated by military service. Those retiring after completion of full / coloured service ( Terms of engagement) are not entitled to get disability pension and they will get the Impairment relief. Similarly all PMR/Discharge at own request cases are also not entitled to get disability pension as per GMO & ER 2023.
Who is Eligible to get Impairment Relief – ER and GMO 2023
Impairment relief is a substitute for the disability element. What is the disability element ? Disability pension has two elements – one is service element and another is disability element and both are applicable to invalid out cases only as per GMO & ER 2023. DR (DA) is applicable on both the elements of disability pension but it is not confirmed whether DR will be applicable on Impairment relief or not. As per the FAQ published in the official website, Impairment Relief is same as Disability Element.
On the other hand Impairment relief is not a pension but relief and is applicable to those Retired soldiers/officers who are retiring with LMC on completion of terms of engagement/ discharged at their own request and disability is attributable/aggravated by military service with minimum 20% disablement. Rate of Impairment relief is same as disability element i.e 30% of Reckonable Emoluments (basic pay + MSP + Class pay etc). Broadbanding of disability assessed by RMB is allowed on impairment relief also.
Serving soldiers may opt to get capitalized value of impairment relief as soon as placed in permanent LMC which is attributable to or aggravated by military service and minimum disability assessed as 20%. In such a case you will get a lump sum amount on account of disability compensation for the same MF (multiplication factor) as applicable in commutation of pension which is varied upon your present age. Once opted and received CVIR, you will not get any other compensation or pension for your disability.
Rules of Invalid Pension As per PRA 2008 (Revised 2021)Part-I and extended Govt order thereof
Invalid Pension and Invalid Gratuity – WHEN ADMISSIBILE
Regulation 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 FOR INVALID PENSION
Regulation 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 invalid pension is 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.
Amount of Invalid Pension – SCALE OF INVALID PENSION AND INVALID GRATUITY
Regulation 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. |
| (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]. | |
List of Rules and Regulations of Disability Pension of Indian Armed Forces
| Ser No | Subject | Letter No and date | Download Link | Remarks |
| 1 | ER and GMO 2008 | 18.01.2010 | Download | |
| 2 | ER and GMO 2023 | 21.09.2023 | Download | |
| 3 | Pension Regulation for the Army 2008 (Revised 2021) Part-I | 2008 | Download | |
| 4 | Award of Disability element for LMC personnel, attributable/aggravated by Mil Service and Discharge at own request case | 29.09.2009 | Download | |
| 5 | 7th CPC order of Pension for Indian Armed Forces 04.09.2017 | Download | ||
| 6 | Rounding off and broad banding of disability order of 27.12.2023 | Download | ||
| 7 | Implementation of the Government decision on the recommendations of the fifth CPC regarding casualty pensionary awards – Battle Inoculation Training Exercises – for the Armed Forces Officers and JCOs & Other Ranks. Letter dated 02.09.2021 | Download | ||
| 8 | NA NA cases, stand of the Defence authority dt 29.06.2017 | Download | ||
| 9 | Grant of disability element to PMR cases for the pre 2006 cases also dt 19.05.2017 | Download | ||
| 10 | Delinking of 33 years service for full pension for pre-2006 pensioners dt 30.09.2016 | Download | ||
| 11 | Competent Authority to decide Mercy Appeal for grant of Service Pension preferred after two years from the date of dismissal/ cashiering out/ removal from the service. Dt 01.09.2016 | Download | ||
| 12 | Processing of Second appeal against rejection of claim for disability pension/element etc where there is no consensus in the Second Appellate Committee. Dt 09.08.2016 | Download | ||
| 13 | Method of calculation of disability where two types of IDs are involved. Dt 08.08.2016 | Download | ||
| 14 | Revision of Casualty Pensionary awards in respect of pre-2006 Armed Forces Officers and JCOs/ORs Pensioners/Family Pensioners. Dt 18.05.2016 | Download | ||
| 15 | Admissibility of Disability element for 20% or more disability for PMR cases dt 21.12.2015 | Download | ||
| 16 | Payment of Constant Attendance Allowance (CAA) on monthly basis with disability pension to Armed Forces Personnel – reg. dt 27.04.2015 | Download | ||
| 17 | Minimum guaranteed pension for DE/WIE as per CSC 2012 recommendation. Dt 10.04.2015 | Download | ||
| 18 | Composition of Appellate committee to consider appeal against rejection of claim for disability pension – reg. 15.10.2014 | Download | ||
| 19 | Rationalization of Casualty Pensionary Awards for Armed Forces Officers & PBOR invalided out from service prior to 1.1.1996 – Extension of benefit of broad banding of percentage of disability/war injury. 15.09.2014 | Download | ||
| 20 | Grant of service element of disability pension to pre-1.1.1973 invalided out JCOs, ORs and NCs(E)/Sailor/Airmen when the accepted degree of disablement re-assessed as less than 20 % – reg. Dt 10.02.2014 | Download | ||
| 21 | Payment of DR on disability element of disability pension during re-employment period – Group A Officers reg. -supersession of instructions issued vide letter No. 1(4)2011/D(Pen/Pol) dated 28.06.2013. Dt 03.10.2013 | Download | ||
| 22 | Payment of DR on disability element of disability pension during re-employment period. Dt 18.06.2013 | Download | ||
| 23 | Clarification reg. adjudicating disability claims of Defence personnel who have been retained in service despite disability and seek voluntary retirement – reg. Dt 20.09.2012 | Download | ||
| 24 | Expeditious disposal of 1st appeal cases relating to grant of disability pension/special family pension. | 17.04.2012 | Download | |
| 25 | Payment of Ex-gratia lump-sum compensation to Armed Forces Personnel who are invalided out of service on account of disability attributable to or aggravated by military service – reg. | 26.12.2011 | Download | |
| 26 | Re-constitution of Defence Minister’s Appellate committee for Second Appeal. | 04.05.2011 | Download | |
| 27 | Grant of Disability pension for intervening period between the date of expiry of the initial award and recommendations of Fresh Medical Board – reg. | 10.11.2010 | Download |