"No retrospective application of these provisions": CDS Gen Anil Chauhan on revised disability pension rules for soldiers

New Delhi [India], October 6 : Asserting that the disability pension-related rules have been revised to protect genuine soldiers' requirements, Chief of Defence Staff (CDS) General Anil Chauhan on Friday said the revised rules for soldiers will have no retrospective application.
In a press conference held by him alongside Navy and Air Force chiefs, Gen Chauhan said there is no change in the entitlement for any category of persons being granted compensation for death or disability.
Addressing a press conference in Delhi, CDS General Chauhan said, "A study was to protect the genuine interest of the personnel who acquired disability during service while preventing the exploitation of its liberal provisions from misuse. The first and most important thing is that the provisions of this entitlement rule will be applicable to those persons who retire after September 21, 2023. There is no retrospective application."
"There is no change in the entitlement for any category of persons being granted compensation for death or disability," he added.
When asked about the possibility of 'misuse' of these revised disability pension rules, CDS General Anil Chauhan speaking to ANI said, "I can only say that these rules are slightly clearer and the possibility of its misuse if I may use the word becomes less. So hopefully there will be fewer court cases. And, better synergy amongst all ranks of the armed forces."
When asked about concerns raised by ex-servicemen regarding the newly revised eligibility criteria for disability pension rules, CDS Chauhan said that a meeting of recognised ex-servicemen organizations was called on October 3 and their doubts were clarified.
"The revised rules were uploaded by the Department of Ex-servicemen Welfare on September 21. And, a large number of people may not have understood the exact implications of these rules. So we called recognised ex-servicemen organizations on October 3. So most of them were concerned about the benefits which are entitled to them that they will be taken away. So this apprehension was there in the minds of ex-servicemen. They were clarified," CDS said.
"And most of them were satisfied. Most of these apprehensions that emerged during that meeting were turned into frequently asked questions (FAQs). And last night, these FAQs were uploaded on the Department of Ex-servicemen welfare website," he added.
Ministry of Defence said that there are no policy or entitlement-related changes in the revised rules.
"The ER has been revised/ updated with the aim to streamline the procedure followed for assessment and entitlement without any ambiguity to avoid litigation. All deaths and disabilities reported/ recorded after September will be governed by ER 2023 and GMO 2023," an official statement issued by the Defence Ministry said.
Defence Ministry further stated that the new entitlement rules do not in any way affect past pensioners and family Pensioners already in receipt of death/ disability compensation/ Family Pension.
Ministry also stated that the armed Forces personnel who are retained in service despite a disability held attributable to or aggravated by military service post conduct of Retention cum Impairment Assessment Medical Board are eligible to be awarded 'Capitalized Impairment Relief' on foregoing which they become eligible for the award of monthly 'Impairment Relief' at the time of his retirement/ discharge.
"This 'Impairment Relief' may be paid in addition to Retiring Pension/ Gratuity (Officers) or Service Pension/ Gratuity (PBORs), as per their length of qualifying service. 'Impairment Relief' is the same as the erstwhile 'Disability Element' currently awarded to personnel retiring/ released/ discharged. The name has been changed to distinguish it from 'Disability Element' of 'Disability Pension', awarded to personnel invalided from service," an official statement said.