Broad-banding and rounding off of disability pension

What broad-banding is

The Army Pension Regulations, 2008 (Part I) set out a table for working out the disability element. For officers, Regulation 94(c) reckons a disability of less than 50 as 50, between 50 and 75 as 75, and between 76 and 100 as 100.¹

Regulation 98(c) applies the same table to personnel below officer rank.³

The Supreme Court order in Ram Avtar uses the expression 'rounding-off of disability pension'; it does not set out the table itself.⁴

The Ram Avtar order (2014)

In Union of India v. Ram Avtar (Civil Appeal No. 418 of 2012 and connected appeals, order dated 10 December 2014), the question was whether a person who retired on reaching the age of superannuation, or on completing the tenure of engagement, and who has a disability attributable to or aggravated by military service, is entitled to rounding off of disability pension.⁴

The order records the Government's position. It says that, on the basis of a Ministry of Defence circular dated 31 January 2001 (No. 1(2)/97/D(Pen-C)), the benefit was available only to armed forces personnel who are invalided out of service.⁴

The Supreme Court saw no error in the orders under challenge and dismissed all the appeals relating to rounding off of disability pension, with no order as to costs.²

The Court added that its dismissal would be taken note of by the High Courts and the Tribunals in granting appropriate relief to pensioners entitled to disability pension. It gave the Union six weeks to comply with the orders and directions in those cases; that period was set by the order and is not a general rule.²⁵

The order is short and does not set out reasons. The text read for this page does not say how far it extends to people who left service in other ways, or at earlier dates. The circular itself is known here only as the order describes it.⁴²

What the 2023 Entitlement Rules say

The 2023 Rules provide Impairment Relief, a monthly disability compensation for personnel who are retired or discharged from service voluntarily or otherwise, with an accepted disability of not less than 20%.⁶

An illustration in Rule 13(b)(ii) shows a composite impairment of 49.6% being broad-banded to 50% for the purpose of awarding Impairment Relief.⁷

The same Rules say broad-banding does not apply in several situations, including the percentage for Ex-Gratia Lump Sum Compensation, Capitalized Impairment Relief (including on retention in service), the cadets' Ex-Gratia Disability Award, and the 50% last-assessment test for whether a death is due to service. In those cases the actual assessment is used.⁶⁸⁹

How these sources fit together

The 2014 order records the Government's reading that the 2001 circular covered only those invalided out, while the Court dismissed appeals against orders granting rounding off to those who retired on superannuation or tenure completion. The 2008 Regulations state the table in the context of disability pension on invalidment. The 2023 Rules apply broad-banding to Impairment Relief for those retired or discharged, but do not mention Ram Avtar.⁴²¹⁶⁷

These are different instruments with different dates. Which of them applies to a particular pensioner depends on how and when the person left service, so it should be checked with an advocate.

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Frequently asked questions

What is broad-banding of disability percentage?

It is a table used to work out the disability element. In the Army Pension Regulations, 2008 (Part I), less than 50 is reckoned as 50, between 50 and 75 as 75, and between 76 and 100 as 100.¹³

Does rounding off apply if I retired on superannuation and not on medical grounds?

In Ram Avtar (2014), the Supreme Court dismissed the Union's appeals against orders granting rounding off to personnel who retired on superannuation or completion of tenure with a service-attributable disability. The order is short and does not give reasons, so how far it extends to other cases is a question to check with an advocate.⁴²

Would a disability of 49.6% be rounded up to 50%?

An illustration in Rule 13(b)(ii) of the 2023 Entitlement Rules shows a total impairment of 49.6% being broad-banded to 50% for awarding Impairment Relief.⁷

Does broad-banding apply to ex-gratia lump sum compensation?

No, under the 2023 Rules. They state that broad-banding does not apply when calculating the percentage of impairment for Ex-Gratia Lump Sum Compensation.⁶

What did the 2001 Ministry of Defence circular say?

The circular itself was not available for this page. The Ram Avtar order describes it as making the benefit available only to armed forces personnel invalided out of service, and that is the Government's position as recorded there.⁴

Related

• Disability pension for armed forces personnel
• Invalidation, low medical category and release from service

Sources

1. Pension Regulations for the Army 2008 Pt I, Regulation 94(c) — Pension Regulations for the Army, 2008, Part I, Regulation 94(c); Regulation 94(c), PDF page 60. Read the source
2. Union of India v. Ram Avtar (Supreme Court, 2014), order paras 6 and 7 — Union of India v. Ram Avtar, Civil Appeal No. 418 of 2012 and batch, Supreme Court of India, order dated 10 December 2014; Order paras 6 and 7. Read the source
3. Pension Regulations for the Army 2008 Pt I, Regulation 98(c) — Pension Regulations for the Army, 2008, Part I, Regulation 98(c); Regulation 98(c), PDF page 62. Read the source
4. Union of India v. Ram Avtar (Supreme Court, 2014), order para 4 — Union of India v. Ram Avtar, Civil Appeal No. 418 of 2012 and batch, Supreme Court of India, order dated 10 December 2014; Order para 4. Read the source
5. Union of India v. Ram Avtar (Supreme Court, 2014), order para 8 — Union of India v. Ram Avtar, Civil Appeal No. 418 of 2012 and batch, Supreme Court of India, order dated 10 December 2014; Order para 8. Read the source
6. Entitlement Rules 2023, Rule 4(i), 4(m), 4(n), 4(p) and 4(s) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 4(i), 4(m), 4(n), 4(p) and 4(s); Rule 4(i), 4(m), 4(n), 4(p) and 4(s), PDF pages 4 to 5. Read the source
7. Entitlement Rules 2023, Rule 13(b)(ii) illustration — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 13(b)(ii) illustration; Rule 13(b)(ii) illustration, PDF page 12. Read the source
8. Entitlement Rules 2023, Rule 6(b) and 6(c) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 6(b) and 6(c); Rule 6(b) and 6(c), PDF page 6. Read the source
9. Entitlement Rules 2023, Rule 9(a), 9(c)(i) to (iii) and Rule 9 Notes (1), (2) and (4) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 9(a), 9(c)(i) to (iii) and Rule 9 Notes (1), (2) and (4); Rule 9(a), 9(c)(i) to (iii) and Rule 9 Notes (1), (2) and (4), PDF pages 8 to 9. Read the source