(1) The service element of disability pension shall be assessed as follows, namely:-
(a) if the qualifying service of the officer it twenty years or more, the service element shall be equal to the service pension admissible to him.
(b) if the qualifying service is less than twenty years, the service element shall be assessed by making deductions from the service pension which would have been admissible to him on his retirement with twenty years qualifying service, such deduction being made in the manner, and at double the rate, specified in regulation 23 for each year or part of a year by which the qualifying service falls short of twenty years.
Explanation. – In the case of a late entrant, this sub-regulation shall apply subject to the modification that references to twenty years shall be taken as references to fifteen years.
(2) The disability element of disability pension shall be assessed in a accordance with the Table below and shall be granted from the date from which it is admissible or, where there has been a previous grant, from the date of expiry of the previous grant and shall be available for the duration of the disability at that degree as advised by the medical board or the service medical authority.
TABLE Rank Rate of disability element per mensem Officers of General List Officers of the Branch list
(1) (2) (3) Rs.np. Rs.np.
100 150 125.00 90 135 112.50 80 120 100.00 70 105 87.50 60 90 75.00 50 75 62.50 40 60 50.00 30 45 37.50 20 30 25.00 [40. Period for grant of disability pension when the invaliding disability is incapable to improvement. (1) If the disability is certified on the basis of invaliding or a resurvey medical board, to be incapable of improvement, disability pension shall be granted for a period of ten years in the first instance. During this period the pensioner will have a right to claim re-assessment of his pension on the basis of aggravation, if any. Where the pension is modified as a result of re-assessment, the pension shall again be granted for a period of ten years from the date of the revised award provided the disability is still regarded as incapable of improvement. Each successive assessment at a higher or lower level will be for a period of ten years during which the pensioner will be given one opportunity to have his pension re-assessed on the basis of further aggravation.
(2) When the percentage of disablement has remained unmodified for ten years, the pensioner shall be brought before a re-survey medical board at the end of then years and in the event of the disability still being regarded by the pension sanctioning authority as incapable of improvement; his pension shall be sanctioned for life. Thereafter, no revision of pension will be admissible.
(3) In case where the invaliding disability is loss of limb(s), total loss of sight, loss if one eye amputation etc., and where the question of improvement or worsening of its physical condition does not arise the award shall be sanctioned for lift.
“40-A Period of grant of disability pension when the invaliding disability is capable of improvement. When the disability is accepted as capable of improvement, the period of an award calculated with reference to the date of the medical board shall not exceed one year. When the disability is accepted as aggravated by naval service, the duration of the disability element shall be determined with due regard to the provisions contained in Appendix V.]