Entitlement of a War-Disabled Officer on Invalidation ( Battle Casulty)

• FastrackGovind
• Armed forces tribunal
• May 22, 2024

Contingencies for Grant of War Injury Pension .

War Injury Pension is admissible when injury takes place during action under the following contingencies laid down by the Govt of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 January 2001 and 03 February 2011:-

1. Enemy action in international war.
2. Action during deployment with a peace keeping mission abroad
3. During laying or clearing of mines including enemy mines as also mine sweeping operations.
4. Border skirmishes.
5. War like situation including extremist acts, exploding mines while on way to operational area, battle inoculation training exercise or demonstration with live ammunition.
6. Kidnapping by extremist while on operational duty.
7. Act of violence/attack by extremist, anti-social elements while on operational duty.
8. Action against extremist anti-social elements, while employed in aid of civil power in quelling agitations/riots/revolts by demonstrators.
9. Operation notified by Govt.
10. As a result of poisoning of water by enemy agents while deployed in an operational area during active hostilities.

Elements of War Injury Pension

War Injury Pension comprises two elements, namely, Service Element and War Injury Element, which are computed as under:-

(a) Service Element . 50% of the last RE

(b)War Injury Element . 100% of the last RE for 100% disability. For lesser degree of disability the amount is proportionately reduced.

Broadbanding of Disability in case of war Injury .

The extent of disability or functional incapacity shall be determined in the following manner for computation of War Injury Element:- % of Disability % to be Reckoned for Computation of Disability

Disability %	% to be Reckoned for Computation of Disability
Less than 50 %	50%
51-75 %	75%
76-100	100%

Entitlement of a War Disabled Officer on Superannuation

General . A War Disabled Officer who is retained in service despite the disability has an option to either go for lumpsum compensation in lieu of War Injury Element while in service or War Injury Pension at the time of retirement. The lumpsum compensation once opted for is final and no War Injury Element is admissible to the officer on retirement. The War Injury Pension admissible to an officer proceeding on retirement comprises Service and War Injury Elements, which are computed as under:-

1. Service Element . 50% of the last RE.
2. War Injury Element . 60% of the last RE for 100% disability. For lesser degree of disability the amount is proportionately reduced.

Entitlement of an Officer Proceeding on Invalidment on Account of Grounds Held Neither Attributable to Nor Aggravated by Miltary Service.

1. Invalid Pension. When an officer is invalided out on account of disability held neither attributable to nor aggravated by mil service, he is entitled to Invalid Pension provided minimum 10 years of qualifying service has been rendered by him. Invalid Pension is also calculated at 50% of the RE last drawn.
2. Invalidment Gratuity Invalidment Gratuity is granted when the length of service rendered is less than 10 years and is computed at ½ month’s RE including Dearness Allowance for every completed 6 months of service. Maximum Invalidment Gratuity admissible is Rs10 Lakhs.
3. Retirement Gratuity . Retirement Gratuity is admissible subject to having rendered a minimum 5 years of Qualifying Service. It is calculated at ¼ month’s RE including Dearness Allowance for every completed 6 months of service. Maximum Retirement Gratuity admissible is Rs 10 Lakhs.