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Why Pension Rules For LOC and LAC Vary?

Pension Rules for LOC and LAC

LOC, we must be knowing it after the famous movie by director JP Dutta,  LOC Kargil starring almost all A+ grade bollywood movie stars but rarely anyone knows about LAC until it caught the headlines when Armed Forces Tribunal (AFT)- Chandimandir issued notice to Ministry of Defence (MOD) for difference in pension scale of people posted on LOC and LAC.

First let us understand the difference:
1 LOC- Line of Control
2 LAC - Line of Actual Control 

Also read- Central Administrative Tribunal (CAT) Chandigarh

As per the pension rule, if a soldier die on any international border  (IB) or LOC in operational area, the widows are entitled to 1.5 times more than normal pension which often called as "Liberalised Family Pension". 

The current rule doesn't covers soldiers who die in LAC along with China. In  a 5recent case filed before the AFT tribunal Chandigarh by a widow of a soldier who died on LAC in 2016, this aspect of difference in pension is going to be dealt with and answered by division bench. 

Here the widow of a soldier died at LAC is demanding Liberalised Family Pension from the ministry of Defence department which is rejected by MOD on the basis of current rule that doesn't foster any equality for similar situated individuals. Since both LOC and LAC have similar weather conditions then difference in pension scale seems strange says widow of the deceased who died due to chest pain in LAC along with China.

Also read- Service Matters in Labour Court, CAT Tribunal and High Court

Previously also committe by then defence minister Manohar Parrikar urged MOD to take desired steps in this regard but in vain. The committee in its observations noted that similar placed individuals are facing this as a discrimination owing to hyper-technical reasons or lack of paper-formalities.  

The current defence minister promises to remove this anomaly in the principle governing pensions and adopt suggestions by abovesaid referred committee but when, is the only question left.  

The present discriminatory pension rule is tyrannic to forces attitude towards equality and instill pessimism in soldiers guarding LAC over LOC whereas a soldier remains soldier guarding any border for country's security and integrity. 

Now let us wait for the response of ministry of Defence and how soon they can address in this issue. Till then keep visiting LegalSeva and know more. In case you wish to check the causelist of AFT Chandigarh, Check it here.

For any subject specific advice dial 99888-17966 and say LegalSeva or you can also write to satish@legalseva.net. Share your thoughts in the comment section below. Till then stay informed and keep visiting LegalSeva

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