Af Pension Regs Part I
Af Pension Regs Part I
Af Pension Regs Part I
PENSION REGULATIONS
FOR
THE AIR FORCE
1961
PART I
GOVT. OF INDIA
MINSITRY OF DEFENCE
(Orders issued up to and for 31-8-1960 have been incorporated in this Book)
The Pension Regulations for the Air Force are divided into two parts as under:--
2., The regulations in this Part supersede the rules in Pay and allowance
Regulations for the Air Force in India (1942) and Air Force Instructions 21/42 and
92/42 as amended from time to time and have been issued under the authority of
the Government of India.
6. The disposal of the rules in Pay and Allowances Regulations for the Air
Force (1942) and Air Force Instructions 21/42 and 92/42 as amended from time
to time and authority each regulation in these Regulations is shown in two
explanatory memoranda at the end of this Part.
O. PULLA REDDI,
NEW DELHI Secretary to the Government of India,
The 4th April, 1961 Ministry of Defence.
TABLE OF CONTENTS
REGULATION PAGE
CHAPTER I—GENERAL
Extent of application 1 11
Interpretation of regulation 2 11
Definitions A 11
Full rate of pension or gratuity not invariably admissible 3 12
Grant of pension is subject to future good conduct 4 12
Pension may be withheld, suspended or discontinued or paid 5 12
to wife or other dependant
Personnel in civil Government employment 6 12
Pensioners re-employed or continuing to be employed in a 7 13
civil capacity
Continuance or discontinuance of pension when nationality is 8 13
changed
Additional benefit at half a year’s pension or gratuity in cases 9 13
where the total period of qualifying service exceeds
completed years by six months or more
CHAPTER III—AIRMEN
Section I—General
Extent of application 101 39
Individuals dismissed or discharged under the Air Force Act 102 39
Flight cadets drawn from the ranks 103 39
Only one pension is admissible 104 39
Individuals invalided on account of leprosy 105 39
Individuals invalided on account of indulgence in drugs or 106 39
drink
Individuals who aggravate, or retard the cure of a disability 107 40
Pensioners convicted of serious crime or guilty of grave 108 40
misconduct
Treatment of pensioners who are re-employed in the 109 40
Defence Services in an emergency
Pensioners re-employed in a service capacity otherwise than 110 41
in an emergency
Service qualifying for pension and gratuity 111 41
Forfeiture of service for certain offences and its restoration 112 42
Condonation of an interruption of service 113 42
Condonation of deficiency in service for eligibly to 114 42
service/reservist pension
Counting of former service for pension and gratuity 115 42
APPENDIX PAGE
I Reckoning of paid acting rank for purposes of retiring 89
pension
II Entitlement Rules 90
III Regulations governing the payment of Constant 98
Attendance Allowance
IV Conditions regarding the grant of awards of gratuity 101
from the Compassionate Gratuity Fund (Defence
Services)
V Criteria for deciding whether an individual’s refusal to 107
undergo medical treatment or an operation for his
disability attributable to or aggravated by Air Force
Service, is or is not reasonable
ABBREVIATIONS
AC - Aircraftman
Cpl - Corporal
Sgt - Sergeant
WO - Warrant Officer
Extent of application
Interpretation of regulations
Definitions
2A. Unless there be something repugnant in the subject or context, the terms
defined in this chapter are used in the regulations in the sense here explained:--
3. The full rate of pension or gratuity provided for in these Regulations shall not
be granted unless the service rendered has been satisfactory. If the service has
not been satisfactory, the competent authority may make such reduction in the
amount of pension or gratuity as it thinks proper.
Note:- This regulation does not preclude the grant to an individual of any
service award for which he qualifies under these Regulations : or in the event of
an award not being admissible to his family under the relevant civil extraordinary
pension rules, the grant of his family of an award, other than a special family
pensionary award, admissible under these Regulations.
Pensioners re-employed or continuing to be employed in a civil capacity
10.
11.
12.
13.
CHAPTER II—COMMISSIONED OFFICERS
SECTION I—GENERAL
Extent of application
14. The regulations in this chapter shall apply to all permanent commissioned
officers.
Late entrants
15. For purposes of the regulation in this chapter, a ‘late entrant’ is an officer
who is retired on reaching the prescribed age limit for compulsory retirement with
at least 15 years’ commissioned service qualifying for pension but whose total
qualifying service is less than 20 years.
16. (a) When an officer who has to his credit the minimum period of
qualifying service required to earn a pension, is cashiered or dismissed or
removed from the service, his pension may, at the discretion of the President, be
either forfeited or be granted at a rate not exceeding that for which he would
have otherwise qualified, had he retired on the same date.
(b) When an officer who has to his credit the minimum period of
qualifying service required to earn a pension is called upon to retire or to resign,
or in the event of his refusing to do so is retired from or gazetted out of service,
he may at the discretion of the President be granted a pension at a rate not
exceeding that for which he would have otherwise qualified, had he retired on the
same date in the normal manner.
18. (a) An officer who is granted any pension, gratuity or other benefit in
respect of his air force service or who is likely to receive any pension, gratuity or
other benefit under these Regulations shall obtain the permission of the
President before accepting an employment under a Government outside India at
any time after his air force service has ceased. An officer of the rank of Group
Captain or above whether held in substantive capacity or otherwise, who is
granted a pension, gratuity, or other benefit in respect of his air force service or
who is likely to receive any pension, gratuity or other benefit under these
Regulations, shall also obtain such permission prior to acceptance of any
commercial employment before the expiry of two years from the date his air force
service ceases.
(b) An officer permitted by the President, before his air force service
ceases, to take up a particular employment under a Government outside India, or
commercial employment, shall not however be required to obtain subsequent
permission for his continuance in that employment.
19.
20.
21.
22.
23.
25. (a) The minimum period of qualifying service required for a retiring
pension is 20 years (15 years in case of a ‘late entrant’—see regulation
15). Only completed years of qualifying service shall count.
(b) The minimum period of qualifying service for a retiring gratuity shall
be 10 years.
(i) Service as commissioned officer in the Army, Indian Navy and Air
Force, irrespective of the type of commission;
(ii) Embodied or called out commissioned service as an officer of the
late Indian Territorial Force or the late Auxiliary Force (India) or of
the Territorial Army;
(iii) Called up service as an officer of the late AIRO or called up
commissioned service in the IAFVR or mobilized commissioned
service in the INR/INVR,
provided that---
(b) Service as Branch List Officer of the Indian Navy and pre-
commissioned service--- (i) All qualifying service as :--
(1) an officer of the Branch List of the Indian Navy in the regular cadre
including such service as Warrant Officer or Commissioned
Warrant Officer or mobilized service in the reserve (including
service rendered on T-124/X agreement), or service as a short
service commissioned officer of the Branch List, if followed by
permanent commissioned service without a break.
(2) JCO or Warrant Officer Class I of the Army or Warrant Officer or
Master Warrant Officer of the Air Force (including service rendered
during World War II and continuously thereafter) immediately
followed by commissioned service (including service as a Branch
List Officer of the Indian Navy).
(ii) One half of the qualifying service, including service rendered during
World War II and continuously thereafter, in the ranks below that of
:--
(c) Periods of leave. All leave. Any period of leave without pay shall
not, however, qualify unless specifically authorized by Government ;
Note:-- Any period of service not covered by the preceding clauses also
qualify for pension as a commissioned officer to the extent and subject to the
conditions under which it has been or may be permitted for purposes of these
Regulations by specific Government orders.
27. All service which qualifies in full for retiring pension also qualifies
for gratuity and on the same conditions. Service below the rank of a warrant
officer and any other service which does not qualify in full for retiring pension
shall not qualify for gratuity.
(b) If the substantive rank has been held for less than the period
specified, retiring pension shall be assessed on the next lower substantive rank.
29. If an officer’s qualifying service is not less than the standard service period
for his rank as indicated below, he may be granted a retiring pension at the
standard rate for that rank, as follows:--
Rank for retiring pension Standard service
Standard
period retiring
pension
Years Rs. p.m.
Pilot Officer/Flying Officer 20 275
Flight Lieutenant 20 350
*Squadron Leader 22 475
Wing Commander 24 625
Group Captain 26 675
Air Commodore 28 725
Air Vice Marshal 30 800
Air Marshal 30 900
Air Chief Marshal 30 1000
*As regards Squadron Leaders holding higher acting ranks see Appendix I
30. Where an officer’s qualifying service is less than the standard service
period for his rank, the amount of retiring pension is the standard rate for that
rank reduced by one deduction according to the table below for each year or part
of year of the deficiency.
31. An officer who is a ‘late entrant’ (see regulation 15) may be granted a
proportionate pension assessed as under:--
Number of years of
qualifying service
X Standard rate of retiring pension
Standard service period of the rank qualifying for retiring
for the rank qualifying pension.
for retiring pension.
Ten 10,000
Each additional year 1,000
33.
34.
35.
Extent of application
37. (a) An officer who is retired from air force service on account of a
disability which is attributable to or aggravated by such service and is assessed
at 20 percent or
over may, on retirement, be awarded a disability pension consisting of a service
element and a disability element in accordance with the regulations in this
section.
Late entrants
38. For purposes of the regulations in this section “late entrant’ is an officer
who, but for his retirement on account of disability attributable to or aggravated
by air force service, would have fulfilled the requirement of regulation 15.
39. An officer who retires voluntarily shall not be eligible for an award on
account of any disability.
40. If the disability of an officer is wholly or partly due to his serious negligence
of misconduct, the amount of pension or gratuity otherwise admissible may be
reduced at the discretion of the competent authority.
43. An officer, who had retired (otherwise than at his own request or in any of
the circumstances specified in regulation 16) on a retiring pension/gratuity, but
who within a period of seven years from the date of retirement is found to be
suffering form a disease which is accepted as attributable to his air force service,
may, at the discretion of President, be granted, in addition to his retiring
pension/gratuity, a disability element at the appropriate rate with effect from such
date, as the President may decide in the circumstances of the case.
44.
Re-adjustment of disability pension granted for life, when the disability is
subsequently reduced or removed
45. (a) The award of disability pension granted for life to an officer may be
modified by the competent authority if, as a result of further medical examination
for any purpose, it decides that the disability on the basis of which the life award
was made, has disappeared, is reduced or has become capable of improvement.
(b) Where an award is modified under clause (a) on the basis of the
findings of a medical board, the modified rate of pension shall have effect from
the date of assembly of the board.
Officers who have suffered form pulmonary tuberculosis but are retained in
service
(b) Service rendered in aid of the civil power shall be treated as air
force service for the purpose of disability pension and final gratuity.
Provided that the service element shall be assessed on the paid acting rank
held by an officer on any one of the following dates, whichever is most
favourable:--
49. (a) The service element of disability pension (see regulation 37) shall be
assessed as under:-
(i) If the qualifying service is 20 years (15 years in the case of a ‘late
entrant’), or more, the service element shall be equal to the retiring
pension admissible (see regulation 48).
(ii) If the qualifying service is less than 20 years (15 years in the case of
‘late entrant’), the service element shall be assessed by making
deductions from the retiring pension which would have been
admissible on retirement in the appropriate rank (see regulation 48)
with 20 years (15 years in the case of a ‘late entrant’) qualifying
service, at double the rates given in regulation 30 for each year of
part of a year by which the qualifying service falls short of 20 years
(15 years in the case of a ‘late entrant’).
(b) The disability element of disability pension (see regulation 37) will be at the
rate appropriate to the accepted degree of disablement in accordance with the
table below, from the date from which it is admissible or from the date of expiry of
the previous award, as the case may be, for the duration of the disability at that
degree, as advised by the medical board or the competent service medical
authority:--
(2) When two successive medical boards assess the accepted degree of
disablement at the same percentage and hold it to be incapable of improvement,
and the findings of the both the medical boards in this respect are accepted by
the competent service medical authority, disability element at the appropriate rate
may be granted for life from the date of expiry of the previous award (see also
regulation 45).
(3) When the disability is accepted as aggravated by air force service, the
duration of the disability element shall be determined with due regard to the
relevant provisions in Appendix II
50. (a) In the case of an officer who has completed five years qualifying
service, the service element of disability pension shall be permanent.
(b) In the case of an officer who has completed less than five years
qualifying service, the service element of disability pension shall be payable only
for so long as the accepted degree of disablement is at least 20 per cent.
Final gratuity
51. In the case of an officer who has less than five years qualifying service,
when the accepted degree of disablement is finally assessed at less than 20 per
cent, a final gratuity at the rate of Rs. 1000 for each completed year of qualifying
service shall be paid.
52. (a) A constant attendance allowance at the rate of Rs. 30.00 p.m. may
be granted to an officer who is awarded a disability pension for 100 per cent
disablement, if in the opinion of the invaliding or a resurvey medical board, he
needs the services of a constant attendant for at least a period of three months,
and the necessity arises solely from the conditions of the accepted disability or
disabilities.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
SECTION IV-FAMILY PENSIONARY AWARDS
Extent of application
70. The regulations in this section shall apply to the families of:--
Provided further that the award shall be granted from 1st June 1953 or the
date from which it is admissible, whichever is later, and only if the
beneficiary was alive on the 28th December 1954.
72. If the death of an officer is wholly or partly due to his serious negligence or
misconduct, the special family pensionary awards, otherwise admissible, may be
reduced at the discretion of the competent authority.
73. Service rendered in aid of the civil power shall be treated as air force
service for the purpose of family pensionary awards.
74. A special family pension to the widow of an officer and special children’s
allowance to his legitimate children under 18 years of age, or dependants
pension to his parents of brothers/sisters, may be granted if his death was due to
or hastened by either a wound, injury or disease which was attributable to air
force service, or the aggravation by air force service of a wound, injury or disease
which existed before or arose during air force service, provided that--
(a) In the event of death after retirement, the officer did not retire
voluntarily and provided that
(b) In the case of pension for a widow and allowance for a child—
(i) the officer married before joining the service or while on the
active list and before he received the wound or injury or
before he was removed from duty on account of the disease;
(ii) when death is due to disease, the officer survived his
marriage by at least a year, unless it can be shown that he
was manifestly in good health at the time of his marriage:
and
(iii) subject to any exception which the President may approve in
a particular case under regulation 79 the widow was not
separated from her husband at the time of death;
(i) the officer left neither a widow nor children eligible for
pension or allowance; and
(ii) the parent/parents were largely dependant on the officer at
the time of his death of the father is dead of, if living, is
incapable of self-support through age or infirmity and the
pecuniary and other circumstances of the parent/parents are
such as, in the opinion of the President, to justify the grant;
(i) the officer did not leave a widow, child or parent eligible for
pension or allowance;
(ii) the brothers and sisters were largely dependant on the
officer at the time of his death and their pecuniary and other
circumstances are such as, in the opinion of the President,
to justify the grant.
(a) the pecuniary circumstances of the applicant are such as, in the
opinion of the President, to justify the award;
Note:-- This proviso will not apply to an initial award which will be for a
period of five years. Thereafter it will be reviewed every five years and the
award continued only if the pecuniary circumstances of the applicant are
such as, in the opinion of the President, to justify the continuance.
(b) the officer married before joining the service or while on the active
list and before retirement;
(c) the officer was not over 50 years of age at the time of his marriage;
(d) the officer was not more than 25 years older than his wife;
(e) the officer survived his marriage by at least one year, unless it can
be shown that he was manifestly in good health at the time of his
marriage and that his death was due to a disease or injury resulting
from causes not within his control;
(f) the officer, being liable to service, had not been excused, at his
request, from serving, after being officially warned that his widow
would thereby forfeit all claims to pension;
(g) the officer did not retire with a gratuity;
(h) subject to provisions of regulation 78, the officer had not less than
the following periods of qualifying service for pension as a
commissioned officer (in the case of retired officer, prior to his
retirement):--
(i) if he died whilst on the active list or after compulsory
retirement for age or non-employment, of if he retired on account of
ill health rendering him permanently unfit for further service—10
years.
(ii) if he died after having retired voluntarily, or for inefficiency or
in disreputable circumstances—20 years; and
77.
Position of the family of a deceased officer promoted from the ranks whose
service is insufficient to qualify for the grant of an ordinary family
pension or children’s allowance
78. If the service of a deceased officer who was promoted from the ranks is
insufficient to entitle his widow and children to a pension or children’s
allowance at the ordinary rate, the President will decide what pension
and/or allowance shall be granted provided that the service rendered in all
ranks amounts to 10 years or 20 years as may be required under
regulation 75.
79. (a) The President may at his discretion grant a pension and/or gratuity
to a widow who is not eligible for it under regulations 74(b) (iii) and 75(j)
because she was separated from her husband at the time of his death.
(c) When the widow is not granted a pension for the reason that she
was separated from her husband at the time of his death, an
allowance to the legitimate children under 18 years of age may be
granted at such rate within the scales (including motherless rate)
laid down in these Regulations as the President may determine.
82. (a) Except as provided in clause (b) below, ordinary and special family
pension and gratuity to a widow dependants’ pension to parents and
brothers/sisters shall be assessed on the substantive rank held by an officer on
the date of his death if the officer dies whilst on the active list or on the date of
retirement if death occurs after retirement; provided that—
(i) Pension to the widow shall be assessed on the rank next below that
in which an officer retired, in cases where an officer retired
voluntarily or was compulsorily retired on account of misconduct or
inefficiency, before completing one years service in the rank in
which he retired.
(ii) the widow may be allowed a pension attaching to any rank which
was posthumously conferred on her husband under the normal
promotion rules. Any other case of posthumous conferment of
higher rank shall be submitted for the orders of the Government.
(iii) Under no circumstances shall any higher rank attained by the
retired officer by virtue of his re-employment be taken into account
for ordinary family pension.
(b) Paid acting rank held by an officer on any of the following dates
whichever is the most favourable shall be taken into account for the purpose of
assessment of special family pension and gratuity to the widow and dependants’
pension to parents or brothers/sisters:--
Note:-- Paid acting rank shall not be taken into account if the crucial date
mentioned above falls after 31st May 1963.
83. (a) Except as provided in clauses (b) and (c) below, special family
pensionary awards in respect of an officer suffering from pulmonary tuberculosis
attributable to or aggravated by air force service who had rejoined duty having
been found fit for retention in service on completion of leave shall be assessed
on the substantive rank held by him immediately prior to the date of rejoining duty
if he died as a result of a relapse of the disability within five years from that date.
(b) Paid acting rank held by such an officer on any of the following
dates, whichever is the most favourable, shall be taken into account for the
purpose of assessment of special family pensionary awards:--
Note:-- Paid acting rank shall not be taken into account if the crucial date
mentioned above falls after the 31st May 1963.
(ii) Brothers and sisters:-- Rs. 30p.m. for each subject to the following further
maximum in cases where an award is made to more than one brother or sister :-
Rs. p.m
Pilot Officer/Flying Officer 75
Flight Lieutenant 80
Squadron Leader 90
Wing Commander 110
Group Captain 120
Air Commodore 130
Air Vice Marshal 150
Air Marshal 175
Air Chief Marshal 200
85. (a) Ordinary family pension shall be at a rate of not exceeding half the
rate of special family pension laid down for the appropriate rank in regulation 84.
(c) If the deceased officer was placed on the retired list on account of
inefficiency or in discreditable circumstances and was granted a reduced
pension, the ordinary family pension to the widow shall be reduced by half the
percentage by which the officer’s retiring pension was reduced.
86. If an officer leaves behind more than one widow who are eligible for
special family pension and/or gratuity or an ordinary family pension, as the case
may be, such award may, by order of the President, be divided amongst them.
If in cases where a family pension has been so divided, one of the
recipients dies or is disqualified her share of the family pension may, at the
discretion of the President, be paid to the other recipient of if there is more than
one recipient, divided amongst them.
In the case of remarriage, pension shall cease from the date of following
that of remarriage and in other cases, from such date as the President may
decide.
(a) in the case of a female parent who re-marries, from the date of re-
marriage; or
(b) if the pecuniary circumstances of the parent or parents become
such as, in the opinion of the President, not to justify the payment
of a pension.
93. Subject to the provisions of regulations 74 (b) (iii) and 79, a gratuity in
accordance with the table below, may be granted, in addition to a special family
pension, to the widow of an officer who--
Rs.
Pilot Officer 1335
Flying Officer 2000
Flight Lieutenant 2670
Squadron Leader 4000
Wing Commander 6000
Group Captain 8000
Air Commodore 10670
Air Vice Marshal 13000
Air Marshal 14500
Air Chief Marshal 16000
Education allowance
95. Ex-gratia awards may be granted from the Compassionate Gratuity Fund
(Defence Services) to the widow, children, parents or brothers/sisters of an
officer who dies while in service but whose death is not due to a wound, injury or
disease which is attributable to or aggravated by service.
96.
97.
98.
99.
100.
CHAPTER III-AIRMEN
SECTION I-GENERAL
Extent of application
101. Unless otherwise provided, the rules in this chapter shall apply to airmen
who were already serving on regular terms/engagements on 1st June 1953, as
well as those who either joined or join service on or after that date and serve on
regular terms/engagements or are brought to such terms/engagements after that
date.
Provided that an individual who was in service on the 1st June 1953 who
opts for the old pension code, in the prescribed manner, shall draw, in lieu of the
award admissible under these Regulations, such awards as may be admissible
under the orders in force as on 31st May 1953 and any other subsequent order
which specifically indicates that it governs an award in respect of such an
individual. The option once exercised shall be final.
102. (a) An individual who is dismissed under the provisions of the Air Force
Act, is ineligible for pensions or gratuity in respect of all previous service.
“In exceptional cases, however, he may, at the discretion of president, be
granted service pension or gratuity at the rate not exceeding that for which he
would have otherwise qualified had he been discharged on the same date.”
Authy: GOI MoD Letter A/65/9423/D (Pensions/services) dated 11 Jan 67.
103. A flight cadet drawn from the ranks shall continue to be eligible for
pensionary benefits appropriate to his rank.
104. Except where otherwise specifically provided for, no individual may draw
more than one pension under these Regulations; the lesser pension shall lapse.
ineligible for pension irrespective of length of service, but may be given a gratuity
as under:-
(a) If he has rendered sufficient qualifying to earn a service
pension, he may at the discretion of the competent authority
be granted the whole or part of the maximum gratuity
admissible under regulation 128.
(b) If he has rendered sufficient qualifying service to earn a
service gratuity only, he may at the discretion of the
competent authority be granted the whole or part of the
gratuity normally admissible according to the length of
qualifying service under regulation 128.
107. An individual who intentionally aggravates his disability or retards its cure
shall, on being discharged as medically unfit for further service on account of
such a disability, be ineligible for any pension or gratuity.
108. (a) The pension (service, disability and family pension and children’s
allowance) of a pensioner, who is convicted of a serious crime by a court of law
or is guilty of grave misconduct, which is not of a political nature, shall be liable to
be withheld in whole or in part.
(b) The pension (service and disability pension, family pension drawn
by adult males only, and children’s allowance) of a pensioner who is convicted by
a court of law of a crime of a political nature or is guilty of misconduct of a
political nature shall be liable to be withheld in whole or in part.
(d) In applying the provision of this regulation, the procedure laid down
in regulations 74 to 76 of Part II of these Regulations shall be followed.
Note:--The provisions of clauses (a) and (b) of this regulations also apply
in respect of Army and Naval pensioners.
Note:-- The provisions of clauses (a) and (b) of this regulations also apply
in respect of Army and Naval pensioners.
111. (a) All service from the date of enrolment/transfer for man’s service to
the date of discharge shall qualify for pension or gratuity with the exception of:--
(b) In cases of claims to disability pension all service from the date of
enrolment to the date of discharge shall qualify for pension or gratuity subject to
exceptions (i) and (iii) to (vii) above.
Forfeiture of service for certain offences and its restoration
112. (a) A person who has been guilty of any of the following offences:-
(b) A person who has forfeited service under the provisions of the
preceding clause but has not been dismissed shall on completion of any period
of three years further regular service and/or service in the regular air force
reserve with exemplary conduct and without any red ink entry, be eligible to
reckon the forfeited service towards pension or gratuity.
113. Upon such conditions as it may think fit to impose, a competent authority
may condone interruptions of service in the case of a person whose pension is
sanctionable by an authority subordinate to the President as under:--
115. (a) Airmen who have former service to their credit may be allowed by
the competent authority to reckon to the extent specified in the table below such
service towards pension when earned by requisite qualifying service towards
pension when earned by requisite qualifying service subject to the fulfillment of
the conditions stated in column 4 of the table.
Condition 1:-- At the time of re-enrolment, the airman shall have declared
his former service and cause of discharge there from.
Condition 2:-- After re-enrolment, the airman shall have completed any
consecutive period of three years service without two red ink entries on his
conduct sheet of a court martial conviction.
In the case of airmen transferred to the Regular Air Force Reserve before
completing 3 years regular service since re-enrolment, the period of three years
for the purpose of this condition may be either wholly or partly with the Regular
Air Force Reserve.
Condition 3:-- The airman shall have refunded any gratuity other than war
gratuity, received in respect of his former service, within a period of three years
from the date of his re-enrolment in not more than 36 monthly installments from
his pay. The first installment shall be payable within three months from the date
of re-enrolment.
1 2 3 4 5
(ii) having been found
inefficient in his rank or trade
and being unwilling to accept
reduction or remustering;
(iii) on account of
punishment by civil authority.
Conditions 1 and 3
2 Service in Former service Conditions 1 and 3
the non- other than as
combatant followers
branch of Air counting towards
Force gratuity upto four
years.
3 Service in To the extent Conditions 1, 2, and 3.
the that such service Conditions 2 will not apply if it
Army/Navy qualifies for the would not have applied had
grant of pension the individual been re-
or gratuity under enrolled in the Army/Navy
the pension
Regulations for
the Army and
Navy, as the
case may be
4 Regular and (a) For service
Reserve pension/gratuity
service in Qualifying
the case of regular service
reservists in full and
other than qualifying
pensioner service in the
reservists reserve to the
recalled to extent
regular authorized under
service and specific
discharged Government
there-from orders.
All qualifying
regular/reserve
service in full
Note:-- Individuals who are in service on the date of publication of these
publications, will continue to be entitled to the benefit of counting of former
service to the fulfillment of the conditions attached thereto under the rules and
orderable prior to the above date.
116.
117.
118.
119.
120.
121. Unless otherwise provided for, the minimum qualifying regular service for
earning a service pension in 15 years.
124. (a) An individual who was remustered from a higher to a lower group
on being declared redundant after rendering 15 years or more of qualifying
service may be granted, if more favourable than the pension the otherwise
admissible, the service pension for which he would have been eligible had he
been discharged on the date he was declared redundant.
(b) An individual who was remustered to a new trade in the same or higher
group but in a lower rank of service reasons other than inefficiency or medical
unfitness, but who is discharged either (i) without restoration of the rank held
prior to remustering, or (ii) if such rank was restored, without completion of two
years of service in that rank after restoration, will be granted, where more
favourable than the pension otherwise admissible, the pension based on the
qualifying service rendered up to the date of discharge but assessed on the
group and the substantive rank held on the date of remustering provided such
rank and group had been held for two years in all (the period of service rendered
after remustering counting for this purpose).
75.50
22 112.00 100.00 79.50
23 116.00 104.00 82.50
24 120.00 108.00 86.00
25 124.00 112.00 89.50
26 128.00 116.00 93.00
27 132.00 120.00 96.50
28 136.00 124.00 100.00
29 140.00 128.00 103.50
30 144.00 132.00
127. Unless otherwise provided for, the minimum qualifying regular service for
earning a service gratuity is five years.
Scale of service gratuity
128. (a) Security gratuity at the scale of two thirds of a month’s pay for each
completed year of qualifying service may be granted to an individual with less
than 15 years qualifying service, who is discharged for the following causes:--
The competent authority may, however, reduce the gratuity by an amount not
exceeding one fourth of the admissible gratuity.
131.
132.
Subsection II—Reservists
Extent of application
133. The regulations in this subsection shall apply to airmen of the Regular Air
Force transferred to the Regular Air Force Reserve.
134. A regular Air Force reservist who is in receipt of a service pension under
the provisions of regulation 126 shall continue to draw such pension in addition
to--
(a) the retaining fee admissible whilst in the Regular Air Force Reserve
or
(b) the normal pay and allowances admissible for the duration of
periodical training,
as the case may be.
Service in the regular air force reserve shall not qualify for any higher pension or
for gratuity.
Reservist pension
138.
139.
140.
141.
142.
143.
145. Special pension is assessed on the substantive rank and the group held
by an individual by an individual on the date of discharge.
The provisions of regulations 155 and 157 shall apply mutatis mutandis to the
grant of gratuity under this regulation.
149.
150.
151.
Extent of application
(b) They shall also apply to personnel of the above categories who
became non-effective during the period from the 27th October 1947 to the 31st
May 1953 (both days inclusive)
154. Service rendered in aid of the civil power shall be treated as air force
service for the purpose of disability pensionary awards.
156. If any compensation is paid from public revenues for a disability incurred
in circumstances in which a disability pension is admissible under these
Regulations, the President may, at his discretion, reduce the amount of pension.
Refusal to undergo medical treatment
158. An individual who is discharged from service, otherwise than at his own
request, with a pension or gratuity, but who, within a period of seven years from
the date of discharge, if found to be suffering from a disease which is accepted
as attributable to his air force service, may, at the discretion of the competent
authority, be granted in addition to his pension/gratuity, a disability element at the
rate of appropriate to the accepted degree of disablement and the substantive
rank last held, with effect from such date as may be decided upon in the
circumstances of the case.
159. The rank for the purpose of assessment of the service and disability
elements of disability pension shall be the substantive rank held by an individual
on the date of invaliding from service.
For so long as promotion are made on paid acting basis, the service and
disability elements shall be reckoned on the paid acting rank held by the
individual on any of the following dates, whichever is the most favourable:--
Notes:-
1. In the case of an individual who on account of misconduct or
inefficiency is reverted to a lower rank subsequent to the date on which
the wound or injury was sustained, or disability contracted, the rank for
assessment of service and disability elements of disability pension shall
be paid acting rank held on the date of invaliding from service.
160. (a) An individual who was remustered from a higher to a lower group
on being declared redundant after rendering 15 years or more of qualifying
service, may be granted, where more favourable than the service element of
disability pension otherwise admissible, a service element based on the rank and
group held on the date he was declared redundant and the qualifying service
rendered up to that date.
161. In cases where the accepted degree of disablement is 20 per cent or over,
the monthly rates of disability pension consisting service and disability elements,
shall be as follows:--
Note—The service element in case of AC1 and AC2 shall be assessed on the
basis of the minimum service pension laid down for LACs of the same group.
161A. The rate of disability pension per mensem for apprentices appropriate to
the accepted degree of disablement shall be as follows:--
162. (a) If the disability is accepted as attributable to air force service and
regarded as incapable of improvement, disability pension may be granted for life
(but see regulation 165).
Provided that, in cases where the duration of the disability at the accepted
degree of disablement is considered to be less than three years, the period of an
award, calculated with reference to the date of the last medical board, shall not
exceed the period of duration of the disability at that degree.
(b) An award may, however, be made in any individual case for such
longer or shorter period as may be prescribed by the President either generally
or in respect of a particular disability.
Half the amount of the gratuity shall, however, be payable when the
accepted degree of disablement is re-assessed temporarily below 20 per
cent; the other half shall be paid only when the assessment of less than
20 per cent is regarded as permanent.
Grant of re-assessment of disability pension when the degree of
disablement increases
164. (a) If, at any time, and increase, which is properly referable to service
factors, occurs in the degree of disablement a disability pension may be granted,
or the pension already granted may be increase to the appropriate higher rate,
with effect from the date of the medical board on the basis of whose findings the
competent authority accepts the higher degree of disablement.
167.
168.
169.
SECTION—V
170.
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
182.
Extent of application
183. (a) Unless otherwise provided, the regulations in this section shall
apply to—
(b) They shall also apply to personnel of the above categories who
became non-effective during the period from the 27th October 1947 to 31st May
1953 (both days inclusive):
Provided further that the award shall be granted from the 1st June 1953 or
the date from which an award is admissible, whichever is later and only if the
beneficiary was alive on the 28th December 1954.
187.
188.
189. A special family pension may be granted to the family of an individual if his
death was due to or hastened by--
Or
190. Service rendered in the aid of the civil power shall be treated as air
force service for the purpose of family pensionary awards.
191. A family pension is intended for the support of all the eligible
member of a family, irrespective of in whose name it stands.
(iv) Son, actual and legitimate (v) Daughter, actual and legitimate
NOTE : The terms ‘father’ and ‘mother’ (or ‘parents’) used in the above or
any other regulations in this sub-section shall also be deemed to include such
putative parents (or serviving parent as the case may be) as has not contracted a
lawful marriage, but were living as husband and wife at the time of, or got lawfully
married subsequent to, the conception of the deceased member of the forces.
Ex-gratia awards to other relatives
194. (a) An airman may nominate any, but only one, of the relatives
specified in regulation 192 as heir to the family pension.
195. A relative specified in regulation 192 shall be eligible for the grant of
family pension, provided -
General
Widow
This condition shall not apply to a widow who re-married her deceased
husband’s brother, and continues to live a communal life with and/or contributes
to the support of the other living eligible heirs.
Father
Mother
(e) a mother, who is a widow at the time of her son’s death or who
becomes a widow thereafter, has not remarried.
If she had remarried before her son’s death, she shall remain eligible for a
family pension, unless and until she again becomes a widow and remarries.
Son
(f) a son is below the age of 18 years. A son above that age shall be
eligible for pension only if he is incapable of self-support by reason of a physical
or a mental infirmity, which arose before he attained the age of 18 years.
Daughter
(iii) If an heir (other than the widow) who is nominated for the family
pension waives his or her claim in favour of the widow the pension
shall be granted to her, provided she is eligible on the date referred
to in sub-clause (i) above.
The pension shall be granted to the living heir, who stands highest in the
list in regulation 192 and who is eligible under regulation 195, on the date
on which the pension sanctioning authority decides that the claim to
pension is admissible.
Illustrations
The pension sanctioning authority admitted the claim for pension on .. . 01-07-54
The grant of pension to the father (if eligible) will take effect from . . . . . 01-06-54
The arrears for the period 1-1-54 to 31-5-54 will be paid to the widow subject to
the usual conditions regarding payment of arrears.
(c) If on the date referred to in clause (b), all the eligible members are
dead or disqualified, the arrears may only be paid at the discretion of the
President.
198. (a) A family pension will not normally be granted if and for so long
as an individual is in government employment or is in receipt of another pension
from government. If, however, the pay of the appointment or the pension from
government. If, however, the pay of the appointment or the pension is less
favourable than the family pension admissible under these regulations, the
following provision shall apply :-
Half the family pension normally admissible shall be paid. Full family
pension shall be payable on termination of appointment subject to clause
(c).
(ii) where the individual is in receipt of a pension under the Armed Forces
rules
(iii) where the individual is in receipt of a pension under the civil rules
The amount of family pension admissible under these Regulations shall be
abated by the amount of such pension.
(c) The provisions of this regulation shall also be applicable when the
recipient of a family pension is, subsequently, employed under Government or
granted another pension from Government.
Provided that the paid acting rank held by an individual on any of the
following dates, whichever is the most favourable, will be taken into account for
the purpose of assessment of special family pension, children’s allowance and
gratuity :-
(a) the date of death if death occurs in service, or the date invaliding if
death takes place after invaliding ; or
(b) the date on which the individual sustained the wound or injury or was
first removed from duty on account of the disease causing his death ;
or
2.--- The paid acting rank shall not, however, be taken into account
for assessment of special family pensionary awards if the crucial date
mentioned above falls after the 31st May 1963.
Individuals re-mustered within the same group, from a higher to a lower
group or vice versa
200. (a) Family pensionary awards in respect of an individual who was re-
mustered from a higher to a lower group on being declared redundant after
rendering 15 years or more of qualifying service may be assessed, where more
favaourable than the awards otherwise admissible, on the rank and group held
on the date he was declared redundant.
(b) In the case of an individual who was re-mustered to a new trade in the
same or higher group but in a lower rank for service reasons other than
inefficiency or medical unfitness but who dies before restoration of his rank held
prior to re-mustering, family pensionay awards shall be assessed, where more
favourable than the awards otherwise admissible, on the substantive rank and
group held on the date of re-mustering.
Rates of special family pension
Groups
I II III & IV V
Rank
Rs. p.m Rs. Rs. p.m Rs.
p.m p.m
Master Warrant Officer 84 76 65 65
Warrant Officer 70 66 56 56
Flight Sergeant 65 59 47 47
Sergeant 57 46 40 40
Corporal 46 40 34 32
LAC 40 36 29 25
AC2 & AC1 35 31 27 22
Apprentice -- 20 -- --
(b) This division shall hold good only for the period during which the
pension is payable to the original recipient under the regulations governing its
grant.
If during this period one of the parties to the division (other than the
original recipient) is disqualified or dies, his or her share shall be restored to the
original recipient if he or she is the only one living or shall be divided among the
remaining recipients if there are more than one.
Except as provided for in this regulation and regulation 196 (a) (iv), a
family pension cannot be transferred and shall cease altogether on the death or
disqualification of the original recipient.
204. (a) The whole or a portion of special family pension which ceased on
the death or disqualification of the previous recipient may be continued to the
father or the mother if he or she or both are destitute and are eligible provided
that --
(i) the average monthly income of the father or mother or both from
permanent source, and
(ii) the average monthly contribution which the living son(s) whether
willing or unwilling to support, is (are) in a position to make towards
his and/or her support.
(c) A child in receipt of a children’s allowance shall not be eligible for the
continuance of a special family pension. When the pension, or a portion
thereof, is continued to any relative, the children’s allowance shall be
paybale at the ordinary rate without the 50 per cent increase referred to in
regulation 213 with effect from the date of such continuance.
(d) Continuance of a special family pension beyond the second life shall
not be permissible. The grant of a special family pension to the second
eligible heir under regulation 197 (b) shall be treated as the grant of
second life pension.
(e) The continuance of a family pension (or the rectification of the rate
where the continuance of such pension has already been sanctioned but
at a lower rate through error of facts) shall be sanctioned from the date of
application, subject to the grant of a maximum of five years’ arrears
preceding the date of the pension payment order notifying the award or
increase. In a case, however where no action has been taken on a
previous application, or it has been turned down in error and the applicant
has not resubmitted the claim for more than a year afterwards, arrears
shall be allowed, subject to the above maximum, from the date of the
application which is pursued to a finality and leads to the award of
increase or pension.
205. The payment of family pension shall cease when the recipient ceases to
fulfil the conditions of eligibility under regulation 195 or on his/her death,
whichever is earlier.
Family gratuity
206. (a) A gratuity at the rates laid down in clause (c) below may be granted in
addition to special family pension to the family of an individual who --
Provided that in cases under clause (iii) above, the circumstances of death
are accepted by the President as similar to those encountered on field
service or in operations
(ii) If, on the date on which the pension sanctioning authority decides that
the claim to a family pension is admissible, all the members in the list of eligible
heirs have died or become disqualified, the gratuity shall only be payable under
the orders of the President.
Rank Rs.
Master Warrant Officer/Warrant Officer 1,200
Flight Sergeant 600
Sergeant 400
Corporal 300
Aircraftman 250
Apprentices 250
207.
208.
209.
Sub-Section III – Children’s Allowance
Conditions for grant of children’s allowance
(ii) in the case of a son, he was below the age of 18 on the date
following that of casualty which created the claim;
212. The Rates of children’s allowance for each eligible child are --
213. When for any cause the family pension ceases to be payable to any
eligible heir, the children’s allowance shall be increased by 50 per cent [But see
regulation 204(c)].
(a) In the case of a son, on attaining the age of 18 years. (But see
regulation 215).
(b) In the case of a daughter on her attaining the age of 16 years or on
marriage, whichever is later.
A married daughter in receipt of children’s allowance shall surrender such
allowance if she becomes eligible for a family pension under these Regulations in
respect of the death of her husband.
215. The children’s allowance may be granted to a son over the age of 18 years
or continued beyond that age in respect of a son who was already in receipt of it,
as a special case, if he is incapable of self support by reason of a physical or
mental infirmity which arose before he attained the age of 18 years.
216. In cases where a child is the nominated heir and has been granted
a special family pension, the children’s allowance may be granted to him or her in
addition if and for so long as either of the parents of the deceased or the widow is
alive and is otherwise eligible for special family pension.
217.
218.
219.
Extent of application
221. The widow of an airman who dies in service, may be granted the
following pensionary benefits :-
(b) If the deceased had rendered one year A gratuity equal to six
or over but less than five years of months’ pay
qualifying service for pension
(c) If the deceased had rendered five years A gratuity equal to twelve
or over but less than fifteen years of months’ pay
qualifying service for pension
224. (a) The widow of a reservist who dies while in the reserve due to causes
neither attributable to nor aggravated by service in the Armed Forces, before
completion of his combined regular and reserve service will be granted a gratuity
that would have been paid had the individual been discharged at the end of his
regular service. The pay for this purpose shall be as defined in these
Regulations for assessment of service gratuity.
(b) The grant of the above gratuity will, in addition to the conditions
prescribed in regulations 4,5 and 108, be subject to the following conditions:-
(i) The widow has not remarried (this condition does not apply to a
widow who has remarried/remarries her deceased husband’s
brother).
(ii) The reservists in respect of whom the gratuity is claimed had not
elected to be governed by the Old Pension Code.
(iii) The widow is not in receipt of any pension/gratuity from the Central
or a state government or from central or state Government
undertaking of which the reservist was an employee at the time of
his death.
225.
226.
227.
228.
SECTION I – GENERAL
Definition of air force service
229. Air force service, for purposes of this Chapter shall mean service
rendered when called up under section 25 of the Reserve and Auxiliary Air Force
Act, 1952, for :-
230.
231.
Extent of application
233. (a) Subject to the service rendered being certified by the competent
authority to have been satisfactory, a terminal gratuity may be granted to an
officer who has completed a minimum period of four years of aggregate
commissioned “air force service” and who retires in the following circumstances :-
234. Terminal gratuity shall be at the rate of half a month’s pay for each
aggregate year of commissioned “air force service”, excluding the period during
which a civil or military pension continues to be drawn. A civil pensioner whose
pay is fixed after deducting the amount of pension including the commuted
portion, if any, under the relevant rules shall, however, be eligible to count such
periods. The maximum gratuity shall not exceed nine months’ pay.
Pay for this purpose shall be the basic pay of the substantive rank last
held.
235.
236.
Extent of application
237. The regulations in sub-sections III and IV shall apply to all officers
commissioned in the Auxiliary Air Force on or after the 17th March, 1956.
Officers who are government servants and who while holding their civil
posts are subject to the rules in chapter XXXVIII of the Civil Service Regulations
or the Central Civil Services (Extraordinary Pension) Rules or the analogous
rules framed by the state governments, will however, be eligible to elect to be
governed by the provisions of these regulations or by the civil extraordinary
pension rules applicable to them. The election may be made by an officer at any
time during his service in the Auxiliary Air Force or after it and once made will be
final. In case such an officer dies while serving in the Auxiliary Air Force without
making an election, his family will be eligible to receive awards under these
Regulations or the appropriate civil rules whichever are more favourable.
238. The grant of disability and family pensionary awards will be subject to
the conditions governing the grant of these awards to officer of the Air Force as
modified to the extent specified in the regulations in sub-sections III and IV.
239.
In case such an officer becomes eligible for a pension under the relevant
civil rules, the disability element as calculated above shall remain admissible.
NOTE.-Paid acting rank will not be taken into account for assessment of
disability pension, if the crucial date mentioned above falls after the 31st May
1963.
243. An officer who has not been invalided out, but has relinquished his
commission in the Auxiliary Air Force otherwise than (a) at his own request or (b)
on disciplinary grounds, and who is found, within a period of seven years of
relinquishment of his commission, to be suffering from a disability which is
accepted as attributable to his air force service as a commissioned officer may
be granted, at the discretion of the President, a disability element at the rate of
Rs.150 per month for 100 per cent disablement and proportionately less for
lesser degree of disablement down to 20 per cent and with effect from such date
as the President may decide in the circumstance of the case.
245.
246.
250.
251.
Extent of application
252. The regulations in this sub-section shall apply to all airmen of the
Auxiliary Air Force excepting those who are --
253. (a) Subject to the service rendered being certified by the competent
authority to have been satisfactory, a terminal gratuity may be granted to an
airman who has completed a minimum period of four years of aggregated “air
force service” and who is discharged in the following circumstances :-
254. Terminal gratuity shall be at the rate of half a month’s pay for each
aggregate year of “air force service” excluding any period during which a civil or
military pension continues to be drawn. A civil pensioner whose pay is fixed after
deducting the amount of pension including the commuted portion, if any, under
the relevant rules shall, however, be eligible to count such period. The maximum
gratuity shall not exceed nine months’ pay.
255.
256.
Extent of application
257. The regulations in sub-sections III and IV shall apply to all airmen
who were in the Auxiliary Air Force or Air Defence Reserve on the 3rd
March, 1956 or who join it thereafter.
Individuals who are government servants, and who while holding their civil
posts, are subject to the rules in chapter XXXVIII of the Civil Service
Regulations, or the Central Civil Services (Extraordinary Pension) Rules or
the analogous rules framed by the state governments, will, however, be
eligible to elect to be governed by the provisions of these regulations or by
the civil extraordinary pension rules applicable to them. The election may
be made by an individual at any time during his service in the Auxiliary Air
Force or Air Defence Reserve or after it and once made will be final. In
case such an individual dies while serving in the Auxiliary Air Force or Air
Defence Reserve without making an election, his family will be eligible to
receive awards under these regulations or the appropriate civil rules,
whichever are more favaourable.
258. The grant of disability and family pensionary awards will be subject
to the conditions governing the grant of these awards to personnel of the
corresponding rank of the air force as modified to the extent specified in
the regulations in sub-sections III and IV.
259.
260.
261.
(a) the date of invaliding from the Auxiliary Air Force or Air Defence
Reserve ; or
(b) the date on which he sustained the wound or injury.
Provided that the rank held on the date at (b) shall not be taken into
account where an individual was reverted to a lower rank after that date on
account of misconduct or inefficiency.
265. An individual who is not invalided out, but is discharged from the
Auxiliary Air Force or Air Defence Reserve otherwise than (a) at his own
request or (b) on disciplinary grounds, and who is found, within a period of
seven years of such discharge, to be suffering from a disability which is
accepted as attributable to his air force service, may be granted, at the
discretion of the President, a disability element as in regulation 263 with
effect from such date as the President may decide in the circumstances of
the case.
268.
269.
(a) a wound, injury or disease which is attributable to his air force service ;
or
(b) the aggravation by his air force service of wound, injury or disease
which existed before or arose during air force service.
(a) the date of death, if death takes place in service, or the date of
invaliing, if death takes place after invaliding ;
274.
275.
Extent of application
279. (a) The basis of commutation shall be the table prescribed by the
President from time to time under the Civil Pension (Commutation) Rules.
(b) The age of the officer shall be taken as being the age he will attain
on the next birthday following the date on which the commutation shall become
absolute, subject to such addition of years of age in the case of impaired life, as
may be recommended by the medical board.
280. Unless the application for commutation is withdrawn under regulation 281,
commutation shall become absolute, i.e the title to receive the commuted portion
of the pension shall cease and the title to receive the commuted value shall
accure on the date on which the medical board signs the medical certificate.
Whatever the date of actual payment, the amount paid and the effect upon the
pension shall be the same as if the commuted value were paid on the date on
which the commutation became absolute.
Withdrawal of application
281. (a) An officer may withdraw his application for commutation -
FORM OF DECLARATION
An officer holding permanent commission who retires from service on or after the 29th July
1958, and becomes eligible for a pension, shall have his pension assessed with reference to a standard
rate of retiring pension of Rs. 620 per mensem for a standard period of qualifying service of 24 years,
provided :-
(a) he has held the substantive rank of Squadron Leader for at least two years more than
the minimum period of service required to be served in that substantive rank in order to
be eligible for promotion of the substantive rank of Wing Commander under the
promotion rules in force at the time of his retirement ;
(b) he has been found fit in all respects for promotion to the substantive rank of Wing
Commander; but has not been so promoted owing to the insufficiency of vacancies in
the substantive cadre.(This has effect from 21-8-1958).
{Min of Def. Corr. No. PN/0183/246-S/D(Pensions/ Services) dated the 23rd June
1962.}
and
(c) he retires with the paid acting rank of Wing Commander after holding that rank for an
aggregate period of not less than four years, of which not less than three years shall be
continuous.
NOTE (1) .___ For purposes of clause (a) the required period of service in the
substantive rank of Squadron Leader will commence from the effective date from which
substantive promotion to such rank has been notified in the gazette.
(i) an officer will be deemed to have retired with the paid acting rank of Wing Commander
if his reversion to substantive rank immediately prior to retirement is solely on account
of the commencement of the furlough portion of his leave pending retirement or his
invalidation out of service. The period subsequent to reversion to substantive rank will
not, however, be taken into account in reckoning the necessary service limits.
(ii) Any paid acting rank held by the officer higher than that of Wing Commander will be
equated to that paid acting rank.
(iii) An officer will be deemed to have held paid acting rank continuously in cases where an
interruption of continuity is afterwards cancelled by a retrospective restoration of the
paid acting rank by competent authority in accordance with the rules regulating
retention of such rank.
2. An officer who retires in the substantive rank of Wing Commander but has held that rank
substantively for less than two years will also be eligible for the pensionary benefit mentioned above
subject to the fulfilment of conditions (a) and (c ) above. For the purpose of calculating the necessary
service-limits under clause (c), of para I above, the period during which the officer held the rank of
Wing Commander in a substantive capacity will also be taken into account.
3. In all other respects, the pensionary entitlement of an officer to whom this Appendix applies,
will be regulated by these Regulations.
APPENDIX II
GOVT OF INDIA, MINISTRY OF DEFENCE LETTER NO. 9101/274/PP & R-3/2208/PC DATED
THE 2ND MAY, 1950 AS AMENDED BY LETTER NO. 138999/1/PEN-O DATED 1ST OCTOBER,
1951 AND CORRIGENDA NO. 138999/1/PEN-O (PART III) DATED 4TH OCTOBER, 1954 AND
NO. 179411/II/ PEN-C DATED 16TH OCTOBER 1957 AND LETTERS NOS. 57/D(AG)/52/I/PEN-O
DATED 18TH MARCH, 1954 AND 180570 / I/ PEN-C DATED THE 21ST MARCH 1957.
ENTITLEMENT RULES
The entitlement rules set out below apply in cases where the disablement or death, on which
the claim to casualty pensionary award is based, takes place on or after the Ist April 1948. These
entitlement rules apply to all personnel who are governed by Indian Air Force Pension Regulations.
The rules do not apply to an individual where continuous service commenced from a date prior
to the Ist April 1948, in so far as his disablement or the cause of his death, as the case may be, can be
regarded as attributable to aggravated by his service during the period 3rd September 1939 to the 31st
March 1948 in accordance with the entitlement criteria published in Air Force Instruction No. 39 of
1944.
__________
I. With effect from Ist April, 1948, in supersession of all previous orders on the
subject, the entitlement to disability and family pension, children’s allowance and death
gratuities will be governed by the following rules. Invaliding from service is a necessary
condition for the grant of a disability pension. An individual who at the time of his release
under the Release Regulations is in a lower medical category than that in which he was
recruited will be treated as invalided from service. Airmen who are placed permanently in a
medical category other than ‘A’ and are discharged because no alternative employment
suitable to their low medical category can be provided as well as those who having been
retained in alternative employment but are discharged before the completion of their
engagement will be deemed to have been invalided out of service.
(i) a wound, injury or disease which was attributable to air force service;
(ii) the aggrevation by air force service of a wound, injury or disease which
existed before or arose during air force service.
3. There must be a casual connection between disablement and air force service
for attibutability or aggravation to be conceded.
4. In deciding on the issue of entitlement all the evidence, both direct and
circumstantial, will be taken into account and the benefit of reasonable doubt will be given to
the claimant. This benefit will be given more liberally to the claimant in field service cases.
5. Post-discharge claims.---- Cases in which a disease did not actually lead to the
member’s discharge from service but arose within 07 years thereafter, may be recognized as
attributable to service if it can be established medically that the disability is a delayed manifestation of
a pathological process set in motion by service conditions obtaining prior to discharge and that if the
disability had been manifest at the time of discharge the individual would have been invalided out of
service on this account. In cases where an individual in receipt of a disability pension dies at home
and it cannot, from a strictly medical point of view, be definitely established that the death was solely
due to the disablement in respect of which the disability pension was granted: ---
(a) the benefit of the doubt in determining attributability should go the family of the
deceased, if death occurs within 7 years from the date of his invaliding from service unless
there are other factors adversely affecting the claim; and
(b) if death takes place more than 7 years after the date of man’s invaliding from service,
the benefit of doubt will go to the State.
In cases where an individual outlives a normal span of life, i.e., where death takes place at the
age of 60 or above, the death should be held to be due to normal causes and not to Air Force service.
(a) Injuries sustained when the man is on duty will be deemed to have arisen in or resulted
from Army/Naval/Air Force service unless they were self inflicted or due to serious negligence
or misconduct in which cases the question of withholding the pension in full or in part will be
considered.
(b) A person subject to the disciplinary code of the Armed forces is ‘on duty’ during the
period of time when he is in the course of performance of an official task or a task the failure to
do which would constitute an offence triable under the disciplinary code applicable to them.
The course of performance of a task includes the journey or transport by a reasonable route
from one’s quarters to and back from the appointed place of duty under organized
arrangements.
(c) A person is also deemed to be ‘on duty’ during the period of participation in recreation,
organized or permitted by Service authorities and of travelling in a body or singly under
organized arrangements. A person is also considered to be ‘on duty’ when proceeding to his
leave station or returning to duty from his leave station at public expense.
(d) An accident which occurs when a man is not strictly ‘ on duty’ as defined may also be
attributable to Service, provided that it is not an accident which can be attributed to risk
common to human existence in modern conditions in India, unless such risk is definitely
enhanced in kind, or degree by the nature, conditions, obligations or incidents of the person’s
service. Thus, for instance, where a person is killed or injured by another party by reason of
belonging to the Armed Forces, he shall be deemed to be ‘on duty’ at the relavant time.
This benefit will be given more liberally to the claimant in cases occurring on active service as defined
in the Army/ Air Force Act.
(ii) mountaineering expeditions/ gliding organised by the Service authorities, with the
approval of Government will be deemed to be ‘on duty’ for the purposes of the post-March
1948 entitlement rules for disability and family pensions;
NOTE 2. ---- The personnel of the Armed Forces deputed for training at courses
conducted by the Himalayan Mountaineering Institute, Darjeeling, shall be treated on par
personnel attending other authorized professional courses or exercises for the Defence Services
for the purpose of the grant of disability / family pensions on account of disability / death
sustained during the courses.
(a) Cases, in which it is established that conditions of Air Force service did not
determine or contribute to the onset of the disease but influenced the subsequent course of the
disease, will fall for acceptance on the basis of aggravation.
(b) A diseases which has led to an individual’s discharge or death will ordinarily be
deemed to have arisen in service if no note of it was made at the time of the individual’s
acceptance for air force service. However, if medical opinion holds, for reasons to be stated,
that the disease could not have been detected on medical examination prior to acceptance for
service the disease will not be deemed to have arisen during service.
(ii) Common diseases known to be affected by stress and strain :- This should be
decided with due reference to the nature of the duties an individual has had to
perform in Air Force Service. It may be that in some cases that individual had
been engaged on sedentary duties when they will normally not qualify.
(iii) Diseases endemic to certain areas --- Diseases such as Malaria, Kalazar,
Filariasis , Dysentery, Cholera, etc., are endemic in certain areas. These
diseases may also be introduced by movements of infected persons. In
determining causal connection with service it will have to be established that the
conditions of Air Force service exposed the individual to the infection as a
result of which he contracted the disease. Where there is a medical evidence of
the contraction of the diseases either prior to entry into service, or while off duty
or on leave or desertion or unauthorised absence, etc., attributability should not
be accepted unless the disease occurs within the incubation period.
(vi) Diseases which run their course independently of external circumstances ---
There are certain diseases which would have run the same course whether the
individual had been in the Forces or not eg, Leukaemia, Hodgkin’s disease etc., Such
cases will not be accepted as aggravated by service unless it is clear that owing to
exigencies of service the man did not receive treatment of a satisfactory character and
standard or such treatment was so delayed as to be less effective than it should have
been.
(1) Veneral disease will normally be rejected but a sequela of the disease
may sometimes be accepted as aggravated by service. In the case of such
disease contracted during service, grounds for acceptance will rarely be found
unless the member after treatment had returned to full duty and had been
subjected to such strain as would produce one of the after effects of the disease
sooner than would have normally been the case. The strain must have been of
an exceptional nature.
(2) In the case of disease contracted before service if the member had
reached an age when such a manifestation could be accepted, entitlement will
not be conceded. On the other hand, if the later manifestation had been
produced or hastened by the strain of service in which case there should be
evidence that the strain was of an exceptional nature, entitlement may be
considered on the basis of aggravations.
9. Assessment ----
* Normally the whole of the disablement then caused by the disability. This
rule will apply irrespective of whether the disability is actually attributable to
service, or a merely aggrevated thereby. In the latter event, part of the
disablement on discharge may have been present before service and / or may
have been brought about by the natural progress of the disability during service.
But as it is impossible, for so long as it strain and stress of service continues, to
apportion quantitatively the effect of service and non-service factors, the entire
disablement at the time of discharge will be taken into account. For example :-
(1) Where a person who had a partially disabled hand sustains injury
to the same hand which renders it less useful than before or a person
with an impaired foot injures the other as a result of service thus
increasing his defect in locomotion ;
or
The whole of the disablement then caused by the disability, less the following :-
(2) Any worsening due to the natural progress of the disability since
discharge apart from the effects of service.
Deduction (1) will be made in all cases; while deduction (2) above will apply
only in cases where the disability is accepted as aggrevated by, but not
attributable to service.
(e) Composite assessments.--- Where there are two or more disabilities due
to service; compensation will be based on the composite assessment of the
degree of disablement. Generally speaking when separate disabilities have
entirely different functional effects the composite assessment will be the
arithmetical sum of their separate assessment. But where the functional effects
of the disabilities overlap, the composite assessment will be reduced in
proportion to the degree of overlapping.
(f) Nil disablement. ---- Where, although a definite disability is or has been
in evidence, the Medical Board consider that any disablement resulting
therefrom has ceased or has become so small as not to admit of assessable
compensation, the assessment will be expressed as “ nil disablement”.
(g) Where the disability due to service has no connection with the pre-
existing disability, as for example, a person who had lost a finger prior to
enlistment, loses a great toe by service, compensation will be restricted to the
loss of great toe only.
APPENDIX- III
(Applicable to cases where the disability for which Constant Attendance Allowances is payable
is attributable to or aggravated by service rendered from the Ist April, 1946 onwards except service
rendered: -
(ii) in Jammu & Kashmir operations where the initial award of Constant Attendance
Allowance was payable before the 30th October, 1954).
1. The grant of Constant Attendance Allowance is subject to the condition that the pensioner has
no relative to look after him properly and that he actually employs an attendant to look after him.
Note :---- The term “relative” will not include a child who by virtue of his/ her studies is unable to
look after the pensioner.”
2. Constant Attendance Allowance will not be payable for any period during which the pensioner
is an inmate or an in-patient of a Government institution or hospital.
3. Payment of Constant Attendance Allowance will be made in arrears along with disability
pension proper. Payment will be made on the basis of :---