Additional old age Pension should be Applicable for Disability/War Injury Pension
The Services have sought that the clauses of additional old age pension be made applicable to both the elements of disability/war injury pension.
The scheme of additional pension and additional family pension with advancing age was introduced subsequent to recommendations of the VI CPC. The amount of pension for existing pensioners will be revised upwards in accordance with the fitment formula that has been prescribed by the Commission. No further enhancement by inclusion of elements of disability/war injury pension is therefore recommended by the Commission.
Neither Attributable Nor Aggravated (NANA) cases, be awarded Disability Pension
The Services have sought the discontinuation of Invalid Pension and Gratuity in all cases of invalidment due to disability Neither Attributable Nor Aggravated (NANA) by service; instead, they have sought award of Disability Pension for all such cases.
As per existing regulations in cases of disability Neither Attributable Nor Aggravated (NANA) by service for personnel with less than ten years’ service the individual is entitled to invalid gratuity only, payable at half a month’s last drawn reckonable emoluments plus dearness allowance for every six months of service. Those having more than ten years of service are entitled to invalid pension payable at fifty percent of last reckonable emoluments. The Commission, taking note of the legal position settled by the Supreme Court, is of the view that a member of the armed forces is presumed to be in a sound physical and mental condition at the time of his entry into the service if there is no note or record to the contrary made at the time of such entry. Therefore in the event of his subsequent discharge from service on medical grounds any deterioration in his health is presumed to be attributable to military service. The Commission therefore recommends that while the existing regulations involving disability Neither Attributable Nor Aggravated (NANA) by service may continue, it is for the authorities to establish, in each case, through a reasoned order that disability was Neither Attributable Nor Aggravated (NANA) by military service.