Disability Pension and IT Exemption

TPS

Dear Thakur Saheb,

Allow me to address you as I did earlier when you were Chief Minister of UP. Congratulations on assuming the coveted charge as Raksha Mantri.

But you have started your first innings as Raksha Mantri on a wrong note. Irrespective of the validity or otherwise of the above stated issue, beginning of your tenure should have started on a positive note. This issue could have been postponed to a later date for obvious reasons. You may like to chasten your advisor/s, who proposed issuance of this letter within days of your taking over.

Now the core issue. Whilst not agreeing with the contents of the directive on this issue, there was indeed a crying need to put a stop to abuse of this provision, specially by officer community.

As a soldier, I feel ashamed when I hear cases of three (and even one four star) star officers claim the ‘benefits’ of this provision. Let me begin by placing the facts on record in sequence.

Economic Benefit

As on date an individual is entitled to 30% of his/her entitled pension as disability benefit. In case of a three star officer (Vice Chief and equivalent) the current pension is 1,12,500/-. Disability pension works out to 33,750/- (30% of 1,12,500/-). If this amount were to be taxed at the highest slab, total income tax (incl surcharge) payable would be 33% of 33,750/- i.e. 11,137:50 per month or 1,33,650/- annually. The moot point is ‘should a three star officer lower himself to such abysmally low depths for a mere gain of around 11,000/- per month’?

Promotability Aspects

An officer is fit for promotion provided his medical category is ‘A1GI’ or ‘A2G2’ (for IAF aircrew) and ‘G1’ or ‘G2’ (for ground duty officers of IAF) and its equivalent medical category in Army and Navy. Which implies that an officer, when promoted as a three star officer, was medically fit to perform the duty of the appointment, which he assumed. Hence where was the issue of disability on his retirement? The only exception being in the case of a three star officer suffering an injury (attributable to service) after assuming the appointment of a three star rank. Therefore, the logic of claiming disability pension on account of an injury sustained prior to assuming charge as three star officer is not only invalid but smacks of an act of moral turpitude, lack of professional integrity and honesty. Same analogy can be applied to all ranks.

Preventive Steps

I am afraid that the provisions of the latest directive are flawed to the core for the following reasons:-

  • In order to prevent military personnel (officers in particular) from abusing this provision bringing all and sundry under the purview of this directive defies common sense and logic. There are thousands of soldiers (PBORs), who have suffered genuine injuries of permanent nature (attributable to service) and are in receipt of disability pension. Why should they be deprived of IT EXEMPTION (irrespective of whether or not they are in taxable salary bracket) merely because senior officers are indulging in acts of moral turpitude?
  • Thakur Saheb, there is something called ‘morale’. Unfortunately our bureaucracy understand only one word and that is ‘CASH’, be it a secretary in Min of Defence or Min of Finance or any other ministry. ‘MORALE’ cannot be quantified in terms of ‘CASH’ by anyone including CGDA and Defence Secretary.
  • Kindly listen to the voice of sanity and withdraw this letter. If you fail to do so, you will be personally accountable and/or responsible for issues of far greater consequences in near and distant future.

Above recommendations must not be construed and/or interpreted to assume that the malaise of claiming disability pension by medically fit personnel should be allowed to continue. I recommend the following measures to be implemented from ‘RETROSPECTIVE’ effect to identify such personnel:-

  • All personnel, who have claimed disability pension from 01/01/2000 should be placed in two separate categories.
  • First list (list A) should include the names of personnel, who on account of injury attributable to service were placed in PERMANENT LOW MEDICAL CATEGORY, thus became ineligible for further promotion/s. These personnel should be entitled to disability pension depending on the extent of disability, provided they serve till the age of super-annuation.
  • Second list (list B) should comprise of personnel, who were placed in ‘LOW MEDICAL CATEGORY’ due to an injury sustained attributable to service, for a few months/years. However subsequent medical board upgraded their medical category to ‘PROMOTABLE’. Whether or not they were found fit for promotion due to their performance is irrelevant. These personnel should not be entitled to disability pension.
  • CDA should be directed to prepare list of officers, who have claimed disability pension after 01/01/2000. Each case must be vetted on one parameter only and that is ‘whether the officer was upgraded to PROMOTABLE medical category or not’. If upgraded to PROMOTABLE medical category, the officer was/is not entitled to disability pension.
  • In short; LINK GRANT OF DISABILITY PENSION TO BEING IN PROMOTABLE MEDICAL CATEGORY OR NOT.
  • Entire amount of disability pension drawn should be recovered from concerned personnel (officers and PBORs) for the period the officer has been in receipt of disability pension.
  • ‘Cart-Blanche’ measure as has been done is irrational, illogical and insane.
  • Kindly withdraw existing directive and issue a new one based on above stated parameters.
  • The same exercise must be done in case of PBORs as well.
  • Special attention should be paid in examining the cases of Medical Officers and Medical Assistants (in case of PBORs).
  • All cases of ‘DEFICIENCY IN HEARING’ as the cause for grant of disability pension must be examined, irrespective of rank and date of such disability.

Regards,

Yours sincerely,

Gp Capt TP Srivastava

p.s. As I pen my views, I am extremely conscious of likely reaction of many of my colleagues. I am clear that if one has attained ‘promotable’ medical category after sustaining an injury attributable to service, one is morally not entitled to claim disability pension. I ejected from a MiG 21 in 1985 and sustained permanent asymmetric compression of ‘DV-12’ vertebra. It was a permanent incurable deformity of the vertebra, which at times leads to excessive psychophotic deformity. Military took good care of me. Due to God’s grace I was back not only on my feet but in a MiG-29 cockpit within two years of injury. My medical category was upgraded to A1G1. At the time of retirement medical in 2004, medical officer at CME asked me whether I wanted to claim disability on that count. I declined. For academic interest; an asymmetric compression of vertebra can result in extremely painful state. God has been kind; 34 years have gone by and I am still walking straight. I did not need the ‘crutches’ of disability pension.

Published by TPS

Born in a legal practitioner’s family of repute in 1950, I chose to serve the finest institution of any nation, The Military. Over three decades with the IAF, I spent nearly quarter century sitting in the close confines of magnificent flying machines viz MiG-21 and MiG-29, a different world altogether. I have had the opportunity to walk the corridors of power and witness profligate governance by the politicians and bureaucrats alike with military leadership not lagging too far behind. I have traveled extensively across Middle East, South East Asia, most of Europe, China and the USA. I have authored a book titled “Profligate Governance--- Implications for National Security” dealing with national and international affairs, specific military affairs, geo-strategic scenario etc. In the twilight of my life my interest revolves around improving standards of Primary Education in the country. Whatever I save from my pension goes towards establishing libraries for children in village schools.

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