Armed Forces Tribunal
Ex Nk Om Prakash Yadav (Army) vs UOI & Others on 25 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
24.
**OA No 239/2022**
No-15704572X Ex Nk Om Prakash Yadav, S/o Late Shri Ram Yadav, R/o Vill-Bada Bandh Ki Dhani, PO-Dokan, Tehsil-Neek Ka Thana, Distt-Sikar (Raj)-332718
.... Applicant
Versus
1. 1. Union of India, through the Secretary, Ministry of Defence, South Block, Govt of India, New Delhi – 110011
2. 2. The PCDA (P), Allahabad (UP)- 211014
3. 3. The OIC Records, Records Corps of Signals Jabalpur (MP) .... Respondents For Applicant : Ms. Savita Singh, Advocate For Respondents : Mr. Pradeep Mathur, Advocate
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**25.05.2026**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein for directing the Respondents to grant MACP-II benefits to the Applicant after condonation of shortfall of 30 days of service and grant consequential pensionary benefits based on the last pay drawn and that the arrears be paid along with interest @ 12% per annum.
2. The brief facts as enunciated by the Applicant are that he was enrolled in the Army on 30.03.2006 and after serving for 15 years, 11 months and two days of service, he was discharged from Service on 28.02.2022 for which he has been granted Service Pension for life wef 01.03.2022. In terms of Govt of India, Ministry of Defence letter No B/33513/ACP/AG/PS-2(c) dt 13.06.2011 and letter of even No dt 03.06.2016, the Applicant is entitled for grant of MACP-II after condonation of shortfall of Service. However, the Respondents have not granted the same to the Applicant on the grounds that the Applicant has not completed 16 years of qualifying Service for grant of MACP-II benefits. The Applicant issued Legal Notice to the Respondents for grant of MACP-II benefits but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents filed a detailed reply to the Application and have submitted that after rendering 15 years and 11 months and two days of service, the Applicant was discharged from Service on 28.02.2022 in low medical category as he was unwilling for further service in low medical category and has been granted Service Pension for life as admissible for the rank of Naik wef 01.03.2022. On completion of eight years of service, the Applicant had been granted MACP-I wef 30.03.2014. Subsequently, he was promoted to the rank of Naik on 01.01.2019. Since the Applicant has neither completed 16 years of continuous service nor eight years of regular service in the same grade at the time of his discharge from Service, the Applicant is not entitled for grant of MACP-II benefits after condonation of shortfall of service in terms of aforesaid GoI, MoD letter dt 13.06.2011. Further, Para 18 of Pension Regulations for the Army, 2008 (Part-1) is applicable for calculating the length of qualifying service for grant of pension and allied pensionary benefits only and does not stipulate the policy for counting of service for grant of MACP. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. We have heard Learned Counsels for both the parties and perused the material placed on record.
5. As regards condonation of shortfall of service for grant of MACP benefits, relevant paragraph of the Larger Bench of Hon'ble Armed Forces Tribunal (Principal Bench), New Delhi Order dt 23.12.2025 in OA No 2679/2021 in the case of *Ex Hav/Cik GD Asa Ram Jat Vs UOI & Ors*, reads as under:- *"59. On a consideration of the aspects detailed in the analysis, we hold that the Regulation 18 of the Pension Regulations for the Army, Part I (2008) which relates to calculating the length of qualifying service for grant of Pension or Gratuity in terms thereof has no relevance to the self-contained definitive scheme of MACPS to the PBORs and thus we concur with the view laid down in the order dated 03.11.2017 in OA No 238/2017 of the AFT Principal Bench, New Delhi in I/Mk Satyavir Singh (Supra) that there can be no condonation*
*of shortfall of the period of service in a particular rank of a PBORs for the grant of the MACPS on completion of 8, 16 and 24 years in terms of the MACPS made applicable to the Indian Army vide letter No 14(1)99-D(AG) dt 30.05.2011 issued by the Government of India, Ministry of Defence read with the Administrative Instructions dated 13.06.2011 No. B/33513/ACP/AG/PS-2(C)."*
6. In the present case, the Applicant was discharged from Service before rendering 16 years of service as he was unwilling to serve in low medical category. The Applicant was promoted to the rank of Naik on 01.01.2019 and has not rendered minimum eight years of continuous service in the rank of Naik before his discharge from Service on 28.02.2022. The Hon'ble Larger Bench of AFT (PB), New Delhi in the case of Ex Hav Asa Ram Jat (Supra) has held that there can be no condonation of shortfall of service for grant of MACPS.
7. In view of the aforesaid facts, 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.
8. No order on costs.
Sd/- XXX
(SANJIV MITTAL) MEMBER (A)
Sd/- XXX
(GOVERDHAN BARDHAR) MEMBER (J)
Ssy/-