Disability Pension

Subject: Special benefits in cases of death and disability in service-payment of disability pension/family pension-recommendations of the Fifth Central Pay Commission.

The undersigned is directed to say that the Fifth Central Pay Commission inter alias recommended that for determining the compensation payable for death or disability under different circumstances, the case could be broadly categorized in five distinct categories as under: –

Category ‘A’

Death or disability due to natural causes not attributable to Government service Examples would be chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty, etc.

Category ‘B’

Death or disability due to causes which are accepted as attributable to or aggravated by Government service. Diseases contract because of continued exposure to a hostile work environment, subjected 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. Some examples are accidents while travelling on duty in government vehicles or public transport, a journey on duty is performed by service aircraft, mishaps at sea, electrocution while on duty etc.

Category ‘D’

Death or disability attributable to acts of violence by terrorists, anti-social elements, etc, whether in their performance of duties or otherwise. Apart form cases of death or injury sustained by personnel of the Central Police Organizations while employed in aid of the civil administration in quelling agitation, riots or revolt by demonstrators, other public servants including police personnel etc. bomb blasts in public places or transport, indiscriminate shooting incidents in public, etc would be covered under this category.

Category ‘E’

1. Death or disability arising as a result of (a) attack by or during action against extremists, anti social element. etc. and (b) enemy action in international war or border skirmishes and war like situations, including cases which are attributable to
   1. extremists acts, exploding mines etc. While on way to an operational area:
   2. kidnapping by extremists; and
   3. battle inoculation as part of training exercises with live ammunition.
2. The Fifth Central pay Commission recommended various relief packages for the above categories, in modification of the existing provision on the subject.
3. The recommendations of the Commission have been under consideration of the Government for some time. Orders have already been issued regarding ex-gratia payment in case of death in service vide this Deptt. OM. No. 45/55/97-P&PW(C) dated 11.09.98. In respect of disability pension/family pension the President is now pleased to decide as under:
   1. Cases covered under the Category (A) would continue to be covered under the normal existing provision of CCS (Pension) Rules.
   2. In cases covered under categories (B), (C), (D) & (E) the Scales of the family pension/disability pension would be as under :-

FAMILY PENSION-FOR CATGORIES B&C

1. Distinction between widows without children or those with children, for determination of the quantum of Extra- ordinary family Pension shall stand abolished. The quantum of monthly extra -ordinary family pension for all categories of widows shall be:
   1. Where the deceased Government servant was not holding a pensionable post.
      40% of basic pay subject to a minimum of Rs. 1,650/-
   2. Where the deceased Government servant was holding a pensioable post.
      60% of basic pay subject a minimum of Rs. 2500/-
2. In case where the widow. dies or remarries, the children shall be paid family pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS(Pension) Rules. Dependent parents/brothers/sisters etc. Shall be paid family pension one half the rate applicable to widows/fatherless or motherless children.

FAMILY PENSION UNDER CATEGORY ‘D’&’E’

1. Family pension in cases, falling under categories D & E shall be determined under the existing provision of, Liberalised Pensionary Awards Scheme.
2. If the Government servant is not survived by widow but is survived by Child/children only, all children together shall be eligible for family pension at the rate of 60% of basic pay subject to a minimum of Rs. 2500/- Children allowance, as admissible now, shall stand abolished.
3. When the Government servant dies a bachelor or as a widower without children, dependent pension will be admissible to parent without reference to pecuniary circumstances, at the rate of 75% of pay last drawn if both parents are alive and at the rate of 60% if only one of them is alive.

DISABILITY PENSION-FOR CASES COVERED UNDER CATEGORY ‘B’&’C’

1. Normal pension and gratuity admissible under the-CCS (Pension) Rules, 1972 plus disability pension equal to 30% of basic pay, for 100% disability.
2. For lower percentage of disability, the monthly disability pension shall be proportionately lower as at present, provided that where permanent disability is not less than 60% the total pension (i,e, pension or service gratuity admissible under the ordinary pension rules plus disability pension as indicated at (1) above shall not be less than 60% of basic pay subject to a minimum of Rs. 2500/-

DISABILITY PENSION-FOR CASES COVERED UNDER CATEGORY ‘D’

1. Disability pension comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service upto the date on which he would have retired in the normal course and disability element equal in amount to normal family pension subjuect tot he the condition that the aggregate of the service and disability element shall not be less than 80% of the pay last drawn, for 100% disability.
2. For lower percentage of disability, the disability element shall be proportionately lower as at present.

DISABILITY PENSION-FOR CASES COVERED UNDER CATEGORY ‘E’

1. Disability pension, comprising a service element equal to the retiring pension and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invaidation but counting service upto the date on which he would have retired in normal course and disability element equal in amount to the pay last drawn subject to the condition that the aggregate of the service and disability elements shall not exceed the pay last drawn, for 100% disability.
2. For lower percentage of disability, the disability element shall be proportionately lower as at present.
3. Other terms and conditions in the CCS (EOP) Rules and Liberalised Pensionary Awards Scheme which are not specifically modified by these orders shall continue to remain operative.
4. The Fifth Central Pay Commission also suggested certain procedural changes. These have also been considered by the Government. The President is now pleased to decided as under:
   1. The extent of disability or functional imcapacity shall be determined in the following manner for purpose of computing the disability element forming part of benefits:
      

      Percentage of disability assessed by Medical Board Element	Percentage to be reckoned for Computation of disability
      Less than 50	50
      Between 50 and 75	75
      Between 76 and 100	100

   2. The findings of the Medical Board on the extent of -disability would be treated as final and binding unless the employee himself seeks a review by preferring an appeal to an Authority immediately superior to the one who had constituted the Board. In case the appeal is accepted and a review Medical Board is constituted the findings of the Board would be binding on all parties.

      The extent of disability as determined and accepted would be treated as final and the employee would not be required to appear before Medical Board periodically for the purpose of obtaining a certificate that the disability continues to persist.

   3. Different department and offices shall have the powers to grant disability/family pension covered under the Government orders and instructions issued on the subject. They shall exercise these powers, wherever necessary, in consolation with the Financial Advisers. Only in cases not covered strictly in terms of the Government guidelines and instructions, reference to Department of Pension and Pensioner’s Welfare shall be made.
5. These orders will be effective form 01.01.1996. The past cases of pre-1996 pensioners/family pensioners will be revised under this Dept’s OM No. 45/86/97-P&PW(A)-Part-II dated 27.10.1997. Such consolidated pension, shall however, be subject to the provisions of the Deptt’s OM No. 45/10/98-P&PW(A) dated 17.12.1998.
6. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O.NO. 20/E.V/2000 dated 6.1.2000.
7. In so far as employees of India Audit and Accounts Department are concerned, these orders have been issued after consultation with the C & AG of India.

No. 45/22/97-P&PW(C)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL PUBLIC GRIEVANCES & PENSIONS
Department of Pension & Pensioner’s Welfare

Third Floor, Lok Nayak Bhawan,
Khan Market New Delhi-110003
Dated the 3rd Feb. 2000

source : http://delhi.sakshamseva.in/index.php?option=com_content&view=article&id=167&Itemid=117