Judgment & Order dated 06-04-2023 OA-21/2021 on 6 April 2023

/ Form No.4 {See rute 11(1)I ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI (St. No.23) O.A. No. 21 of 2021 Ex. Nk. Thang Khan Hang By Legal Practitioner for the Applicant Union of lndia & Others By Legal Practitioner for Respondents : shri A.R. Tahbildar, Advo"APPlicant Versus : shri B. Kumar, Advocate Respondents Orders of ttre friOunal Heard Shri A.R. Tahbirdar, Ld. counser for the appricant and shri B. Kumar, Ld. Counsel for the respondents. It is submitted by the Ld. counsel for the applicant that that applicant was enroiled in the Army ordnance corps of rndian Army on23.12.1g7g and was discharged from service on 31.12.1995 after rendering 17 years and 0g days of service. He was re-enrolled in the Defence security corps (Dsc) on 17 '07 '1998 and discharged from DSC service on 31 .0s.2015 after rendering 1 6 years, 11 months and 14 days of service on compassionate ground at his own request under Rure 13(3) rtem ilr (i) of the Army Rures, 1954. Appricant had preferred a craim for the grant of Financiar Upgradation (MACp), but the same was denied vide DSC Records retter dated June, 2021, a copy whereof has been filed as Annexure 'G'with the originarApprication. 06.04.2023 Hon'ble Mr. hqndra Sriv tava 'ble ris Su Ld' counser for the appricant submits that since the completed more than eighteen years of service, he is entiiled financial upgradation to the rank of Havildar. on the other hand, Ld. Counsel for the respondents submits that the benefit of MACp was initiaily not extended to DSC personner, as per poricy raid down vide tHe of MoD (Army) retter No. 8/33513/Ac/ps-2(c) date d 12.03.2013 applicant has for the grant

as the service of DSC Government has accepted the financiar upgradation under MACP to DSC lpersonnel also with effect from 01.01 .2016 vide Government of lndia, Gazette Notification No. 02 dated 05.0g.2016. However, the administrative instruction/guidelines for implementation of the same is under preparation at service HQs' once the instructions/guidelines received from competent authority, the applicant's case will be processed for revised pensionary benefits under MACP, subject to meeting the other erigibirity criteria. Upon hearing submissions of Ld. counsel of both sides we find that the respondents have conceded that Government has accepted the financial upgradation under MACP to DSC personnel also with effect from 01 .01.2016 vide Government of rndia, Gazette Notification No. 02 dated 05.09.2016, however, administrative instruction/guidelines have not been issued so far. lt is surprising that after the issuance of Government of lndia, Gazette Notification dated 05'09'2016, administrative instructions/guidelines of the respondents have not been issued even after a rapse of more than six years. ln view of the above, subject to verification of documents, originar Application is allowed and respondents are directed to consider the case of the applicant for the grant of Financial Upgradation to the applicant in the rank of Havildar with effect from 01.01 .2016 in view of Government of lndia, Gazette Notification No. 02 dated 05.09.2016, within a period of eight weeks from today. Misc. Apprication(s), pending if any, shail be treated to have been disposed of. (Air Marshal Balakrishnan Suresh) Member (A) AKD/MC/- (Justice rT,:*:ft ndra srivastava)