Prescription Of Time Limit For Filing Appeal For Grant Of Ordinary Family Pension & Disability And War Pension
Issues related to pension have been in news for quite some time now. There has been agitation amongst army men with respect to pension offered to them. Acknowledging the problems faced and issues raised by these honourable men of India, the president of India, Pranab Mukerjee has finally released a prescription to all chief officers of Indian Army, Naval Force and Indian Air Force regarding filing of appeal for the grant of ordinary family pension and disability & War pension.
Here are some noteworthy points, which everyone must know about the prescription!
- Government of India has finally put a foot forward in processing the case files of appeals (First Appeal/ Second Appeal) concerning the grant of Ordinary Family Pension, Special Family Pension, Liberalised Family Pension and Disability/War Injury Pension/ element etc.
The processing of the appeals will be done after relapsing of considerable duration/time period from the date of rejection of claim/date of discharge or invalidment of the personnel from the particular service.
In other words, the appeals for the grant of Ordinary Family Pension, Special Family Pension, Liberalised Family Pension and Disability/War Injury Pension/ element etc. will be processed after significant time has undergone from elapsing date of the date of rejection of claim or date of discharge/invalidment of the personnel in service.
- The President of India, Pranab Mukherjee has finalised a time limit of five years to file appeal in order to consider the case for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension, disability/war injury pension/ element etc. from the date of rejection of claim or from the date of discharge/ invalidment from service of the personnel.
It should be noted that the time limit set to file an appeal is only applicable for cases that have been postponed earlier. In addition, personnel filing an appeal with respect to disability/war injury element, special Family Pension etc. will be governed under the existing provisions only, which are entitled under Pension Regulation and Entitlement Rules. These cases will have a period of 6 months to file appeal as per previously prescribed directions under Pension Regulation and Entitlement Rules.
- The new prescription of five years’ time limit will solely be applicable in cases of belated appeal. The prescribed time limit of five years does not include any case of delayed manifestation of disease and other cases of the kind. These cases will be continued to be governed under the existing provisions elaborated under regulation 86 of Pension Regulation for Army Part I .
- The changes made regarding filing of appeal will be rewritten or revised as “Time bar sanction for filing appeals for all type of Family Pension and disability/War injury pension/ element etc. in respect of officers and PBORS beyond twelve months to five years” in the Para 1 and Para 2 of provisions mentioned in Ministry of Defence Order No. 4684/DIR (PEN)/2001 and Ministry of Defence Letter No. 4684/DIR(PEN)/2001 respectively.
In simpler words, the above mentioned sections of orders released previously by Ministry of Defence will be rephrased as – Time bar agreement for filing appeals related to all types of Family Pension and disability/War injury pension/ element etc. in reference to officers and PBORs (Personnel Below Officer Rank), whose working tenure exceeds 12 months and is within 5 years.
- A period extending to one year from the issuing date of this order is due to be granted for submission of appeal in respect to cases made in the past. It is a one-time relaxation that may be offered judiciously by the government to some of the deserving cases filed in the past.
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