वाह! क्या आदेश ! Ser & Retd JCOs & ORs अपना हक लें Arrears के साथ -

#SainikWelfareNews Join this channel membership:    / @sainikwelfarenews   Our AIM is to serve the nation. JAI HIND JAI BHARAT Whatsapp No.: 8077969277 Video Tags: Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant filed this OA praying to quash the impugned letter No. 2652/CA-2(P)/MACP/Gen dated 25.08.2021 and direct the respondents to grant 3rd MACP to the applicant with pay and allowances of the rank of Naib Subedar for life by condoning a shortfall of 92 days. 2. Ld. Counsel for the applicant submits that the applicant was enrolled in the Army on 28.06.1992 and discharged from service on 30.09.2008 after completion of 16 years and 95 days of regular service, and that the 5th CPC recommended two upgradations of pay w.e.f. 1.1.1996 under Assured Career Progression (ACP) Scheme and 6th CPC recommended three upgradations of pay w.e.f. 1.1.2006 under Modified Assured Career Progression (MACP) Scheme but the benefits of the Scheme were not extended to him. 3. The Applicant contends that he is entitled for one upgradation of pay in the rank of Naib Subedar under MACP Scheme as he was granted promotion to the rank of Hav w.e.f. 01.01.2001, with a service of 07 years and 09 months in the rank of Hav with shortfall of 92 days (3 months = 31+30+31 days) to be condoned but the same was denied on the ground that the applicant is not eligible for MACP-III (Nb Sub Grade) benefits due to non-qualifying mandatory length of 24 years service/08 years service in Hav rank. Aggrieved by the aforesaid rejection, the Applicant has filed the present Original Application. 4. Per Contra, Ld. Counsel for the Respondents submit that that the Applicant was discharged from Service on completion of terms of engagement on 31.08.2010 under Rule 13 (3) Item III (V) read with Sub Rule 2A of Army Rules, 1954 on medical grounds after rendering 16 years and 95 days of actual qualifying service and therefore, the service being less than 24 years, with the regular service in the rank of Hav being less than 8 years, he is not entitled for MACP benefits and in absence of any provisions governing condonation of shortfall for grant of MACP under the policy in vogue, the applicant is not entitled for the same as well. 5. Before adjudicating the issue in question, it is pertinent to refer to the policy in place for the entitlements for MACP Benefits. We find that the criteria for grant of financial upgradations under MACP Scheme are given in Para 8 of Administrative Instructions issued vide IHQ of MoD (Army) letter No B/33513/ACP/AG/PS2(c) dt 13.06.2011, which reads as under:- “8. Financial Upgradation on ACP. There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of 8, 16 and 24 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 8 years continuously in the same grade pay. MACP will imply a minimum increase of 3% of total pay (including Grade Pay, ‘X’ Group Pay, where applicable) applicable to the rank in respect of which MACP is being granted.” 6. 7. On the careful perusal of the materials available on record and also the submissions made on behalf of the parties, we find that the issue under consideration for the condonation of shortfall for the purpose of MACP has been dealt by Principal Bench of this Tribunal in the case of L/NK Satyavir Singh & Ors v. UOI & Ors (OA 238/2017 decided on 03.11.2017) of which relevant Para 10 is reproduced as under: In the instant case, as admitted by both sides, the applicant has served for more than 15 years and 11 months of pensionable service, with a shortfall of 25 days. While this fact has undoubtedly, been established, we do not find the relevance of Regulation 18, as argued by the counsel for the applicant, in the matter. The condonation of 10. In view of the different views taken by different benches, it is proposed that the matter be placed before the Hon’ble Chairperson for constitution of a larger bench to decide on the issue. “Whether the condonation of shortfall can be allowed for the purpose of grant of MACP in view of the Regulation 18 of the Pension Regulations for the Army, 2008 (Part-I) ?” 11. Recording aforesaid, Principal Registrar AFT (PB), New Delhi shall place the matter accordingly before the Hon’ble Chairperson on the administrative side for further directions as deemed appropriate. 12. Accordingly, looking into the totality of the facts and circumstances, we deem it appropriate to adjourn sine die all similar matters pertaining to the aforesaid issue, pending before the different benches of this Tribunal, till the present matter is finally disposed of by this Tribunal and, therefore, the Registry of the Tribunal is directed to circulate this order to all benches of this Tribunal.