Ex Nk Om Singh Rathore (Army) vs UOI & Others on 9 March 2026

O R D E R

09.03.2026

1. The above Original Application has been filed by the Applicant under the provisions of Section 14 of the Armed Forces Tribunal Act, 2007, praying for grant of benefit of MACP-II wef 28.04.2012 and, consequently, fixation of Pension and pensionary benefit accordingly and that the arrears be paid along with interest @ 12% per annum.

2. Brief facts of the case are that the Applicant was enrolled in the Army on 28.04.1996 and after rendering more than 16 years of unblemished service, he was discharged from Service on 30.04.2012. However, he has been granted Service Pension for 15 years, 10 months and 6 days of qualifying Service without condoning the shortfall of 54 days to enable him to earn MACP-II benefits. The Applicant submits that on implementation of 6th CPC, IHQ of MoD (Army) vide letter dt 13.06.2011 and 25.07.2018 wef 01.01.2006, on completion of 8, 16 and 24 years of Service or completion of eight years of continuous Service in the same rank, the Applicant is eligible for MACP-II

benefits on completion of 16 years of service. However, despite the fact that he was willing to serve further, he was discharged from Service on 30.04.2012 on completion of terms of engagement. The Applicant made representations as also issued Legal Notice for grant of MACP-II benefits, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed Reply Statement. While not contesting the basic facts presented by the Applicant, the Respondents have submitted that after rendering 15 years, 10 months and 6 days of qualifying service (excluding 58 days Non-Qualifying Service), he was discharged from Service on 30.04.2012 at his own request on extreme compassionate grounds and, accordingly, he was granted Service Pension for life, in addition to Disability Element of Pension, being in low medical category due to disease “Rheumatic Heart Disease.” Further, while in service, the Applicant was awarded three red ink entry punishments. As per ACP scheme introduced wef 07.08.2003, on completion of ten years of service, the Applicant was granted 1st financial upgradation on 28.04.2006. Subsequently, the Applicant was promoted to the rank of Naik wef 01.04.2007. Since the Applicant had neither completed 16 years of qualifying service nor has he completed 8 years service in the rank of Naik (promoted to the rank of Naik wef 01.04.2007) due to 58 days of Non-Qualifying Service), he is not eligible for grant of MACP-II benefits. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. Heard and considered the submissions of Learned Counsels for the parties and perused the material placed on record.

5. Perusal of records reveals that while in service, the Applicant was awarded three red ink entry punishments. He was granted 1st Financial upgradation under ACP Scheme wef 28.04.2006 and, thereafter, he was promoted to the rank of Naik wef 01.04.2007. After rendering 15 years, 10 months and 6 days of qualifying service, the Applicant was discharged from Service on 30.04.2012 at his own request on extreme compassionate grounds and not on completion of terms of engagement, as claimed by the Applicant in the OA. The Applicant had 58 days of Non-Qualifying Service to his credit due to which he could not complete qualifying service of 16 years to enable him to get 2nd financial upgradation under MACP Scheme. Moreover, there is no provision to condone shortfall of service for grant of MACP benefits to a person who was discharged from service at his own request. Therefore, we are of the considered view that the OA is devoid of merit and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

6. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-