Armed Forces Tribunal

Ex Hav Naveen Ahalawat (Army) vs UOI & Others on 29 January 2026

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OA No 476/2022 Ex Hav Naveen Ahalawat Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

26.

OA No 476/2022 with MA No 650/2022

No-14659562H Ex Hav Naveen Ahalawat, S/o Sh. Duli Chand, R/o Village-Manoharpura, Post-Dhulwa, Tehsil-Buhana, District-Jhunjhunu (Rajasthan)

….Applicant

Versus

1.

The Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi – 110011

2.

The PCDA (P), Allahabad (UP) - 211014

3.

The OIC Records, EME Records,

PIN-900453, C/o 56 APO

…. Respondents

For Applicant

: Mr.Yogendra Singh, Advocate

For Respondents

: Mr.Anil Bhardwaj, Advocate

CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

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O R D E R

29.01.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant one notional increment on 01.07.2020 having been discharged on 30.06.2020 and accordingly, release consequential pension and pensionary benefits and that the arrears be paid along with interest @ 12% per annum.

2. The Respondents have, however, stated that the Applicant was granted the benefit of MACP-II wef 15.03.2019 and, accordingly, his date of increment was changed from 01.07.2019 to 01.01.2020. Accordingly, after grant of MACP- II wef 15.03.2019, his date of next increment was 01.01.2020 and 01.01.2021 thereafter. Hence, he is not eligible for the benefit of one notional increment from 01.07.2020 as no increment was due to him on 01.07.2020.

OA No 476/2022 Ex Hav Naveen Ahalawat Vs UOI & Ors

3. We have heard the Counsel for the Applicant, who kept repeating that with promotion the date of increment does not change, and the Counsel for the Respondents who repeated the stated position on the date of next increment.

4. It is not in dispute that the Applicant had been granted the financial benefit of MACP-II, ie., his pay was fixed in the higher level of pay on 15.03.2019 and his date of increment was changed from 01.07.2019 to 01.01.2020. It is also observed from the Statement of Account for the months of February and March 2019, Annexure A/3 and A/4 respectively, placed on record by the Applicant himself, that in the Statement of Account for the month of Feb 2019, the date of next increment is 01.07.2019, and the Statement of Account for the month of March 2019, wherein he has been given the benefit of MACP-II and higher Basic Pay, the date of next increment has been shown as 01.01.2020. Hence, it is crystal clear that the Applicant was not eligible for increment on 01.07.2020 as stated by him in the OA.

5. However, notwithstanding above, acceding to the prayer of the Counsel for the Applicant made during hearing, we direct that if the Applicant makes a fresh representation before the Competent Authority with regard to his prayer in the OA within a period of one month of receipt of a certified copy of this Order, the Competent Authority shall decide the same within a period of three months thereafter in terms of existing rules/regulations/policies. The outcome thereof shall be intimated to the Applicant.

6. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

7. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-

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