CANCER DISABILITY PENSION

The following question was put to Maj Navdeep Singh by Shivani Sharma" Query: is Special family pension granted to military personnel who pass away from diseases like cancer?"

The answer from Maj Navdeep Singh is very illuminating and educative. Here it is..." Very good question, especially in view of the latest tragedy of Col NS Bal. During

earlier times, when the rules were incepted, cancer was not treated "attributable/aggravated by military service" & hence Special Family Pension was not granted for deaths resulting from cancer. Later medical research pointed out that stress & strain of military service had a direct role in aggravating cancers. Accordingly, rules were amended & it was provided that incidence of cancer could be "aggravated" by service conditions in most circumstances & a negative list (cancers not affected by service conditions) was introduced where Special Family Pension was not to be given which basically contained tobacco-related cancers & those arising out of chromosomal abnormalities. It was also underlined that in case the cause was unknown, then the benefit of doubt was to be provided to the claimant thereby resulting in admissibility of a higher form of Pension (Special Family Pension) on death & Disability Pension on survival. However unfortunately, the last few years, military disabilities have been unfairly maligned & some such disabilities have also been labeled "lifestyle" diseases. It's the ground position that authorities are now rarely authorizing Special Family Pension to military widows in cases of cancer due to this unfair sentiment.

This also shows how little some of our officers know about these issues which are an interplay of complex medical, regulatory & legal knowledge and rather go by clumsy understanding. I hope one day we realize our follies, which, to my mind, are quite unforgivable & history will not treat us kindly. The oft repeated "neta & babu" nexus is actually a veil for a self created catastrophe. To answer your question in brief,

1.      Yes, Special Family Pension is admissible as per rules.

2.      No, it's not being granted due to misreading of rules.

3.      Yes, it's only being granted on judicial intervention.

4.      Yes I do feel pained but am sanguine that one day there would be frank advisors who would be able to unflinchingly tell those in power the truth as it is with due sensitivity to human suffering thereby melting the insulting coterie.

If you want more insight into the legal position & judicial intervention as also the applicable rules, including the negative list wherein Special Family Pension is not admissible in cases of cancer, may peruse this judgment of the Delhi High Court: https://indiankanoon.org/doc/175044295/

My Note: The above judgement also refers to two  other judgements Dharamvir Singh vs Union Of India & Ors on 2 July 2013, Paramjeet Singh Bhogal ... vs Union Of India (UoI), Through The ... on 12 September 2005  

*******   END   ******* 

GO BACK HOME PAGE SIGS-PARIVAAR                LIST OF ARTICLES AVAILABLE ON SITE   

  INDEX TO THE BLOG POSTS                     ALL ARTICLES ON OUR LINKED WEB SITE 

ब्रिगेडियर_नरेन्द्र_ढंड
Brig Narinder Dhand,
Founder & Convener
Veteran's Web Family  Portals.

http://signals-parivaar.blogspot.in 

NOTE - Do Join our Email List - Please email your Rank and Name, Regt/Corps , Email ID and Mob Number to our Managing Member at " mgr.sigs@gmail.com " for Registration to receive updates on Veteran's issues regularly. 

****************************