Ex Hav Ram Niwash vs UOI & Others on 11 August 2026

**ORDER**

**11.08.2026**

1. Under Section 14 of Armed Forces Tribunal Act, 2007 the Applicant has filed this OA praying therein for directing the Respondents to grant MACP-III benefit to the Applicant wef. 30.11.2006 and consequential pension and pensionary benefits after condonation of shortfall of service on 22 days and that the arrears be paid along with interest @ 12% per annum.

2. The brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 30.11.1982 and after rendering 24 years and one day of qualifying service, he was discharged from Service on

30.11.2006. The Applicant has placed reliance on Hon'ble Supreme Court judgment dt **08.12.2017 in Civil Appeal No 3744/2016 in the case of UOI & Ors Vs Balbir Singh Turn** and AFT (RB), Chennai judgment dt 23.11.2007 in OA No 108/2016 in the case of **Ex Hav M Sankarraj Vs UOI & Ors** and submitted that he has completed 24 years on service before discharge from Service and, hence, he is eligible for grant of MACP-III benefit wef 30.11.2006 along with consequential pension and pensionary benefits. The Applicant submits that he was OSL for 22 days for which he was punished and, hence, this period cannot be considered as Non-Qualifying Service for grant of pensionary benefits. The Applicant made representation and also issued Legal Notice for grant of MACP-III benefits wef 30.11.2006, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed detailed Reply Statement and have submitted that the Applicant was discharged from Service on 30.11.2006 after rendering 23 years, 11 months and 9 days of Qualifying Service, excluding 22 days of Non-Qualifying Service (NQS). Govt of India, Ministry of Defence vide letter No 14(1)/99-D(AG) dt 30.05.2011 and IHQ of MoD (Army) letter No B/33513/ACP/AG/PS-2(c) dt 13.06.2011, prescribed that under Modified Assured Career Progression Scheme (MACPS), three financial upgradations at intervals of 8, 16 and 24 years of continuous regular service or eight years continuous service in the same grade pay are applicable to an individual. In terms of IHQ of MoD (Army) letter No B/33513/MACP/AG/PS-2(c) dt 20.06.2023, the period of absence due to AWL/OSL stand regularized once an individual is punished under the Army Act/Army Rules. In the present case, the Applicant was punished for the AWL and, hence, was found eligible for grant of MACP-III benefits. Accordingly, Part II Order dt 31.08.2023 has been published and, subsequently, LPC-cum-Data Sheet for grant of MACP-III with all connected documents in respect of the Applicant has been submitted to PAO (OR) RAJ RIF on 11.09.2023

OA No 336/2023 Ex Hav Ram Niiwash Vs UOI & Ors

and on receipt of the authenticated copy of LPC-cum-Data Sheet, the case shall be further processed to PCDA (P) for notification of Corr PPO. Once the Corr PPO is notified, the same shall be intimated.

5. We have heard Counsels for both the parties and perused the material placed before us.

6. Though the Respondents have stated that vide IHQ of MoD (Army) letter No B/33513/MACP/AG/PS-2(c) dt 20.06.2023, the absence due to AWL/OSL stands regularized once an individual is punished, strangely enough the Respondents have failed to submit that this letter was withdrawn vide their letter of even No dated 30.06.2023, i.e., within 10 days. As such it is considered that the action taken by them under letter ibid dt 20.06.2023 is not valid and it is not known whether any action has been taken thereon by other authorities, viz, PAO (OR), PCDA (P), etc. Further, it is also a well-known fact that the Order of the Hon'ble Apex Court cited by the Applicant, viz, Balbir Singh Turn (Supra) has already been overturned by the Hon'ble Supreme Court judgment dt 28.04.2021 in Civil Appeal No 1579/2021 (arising out of SLP (C) No 15572/2019) in the case of UOI Vs RK Sharma and another judgment dt 22.08.2022 in the case of UOI & Ors Vs Ex HC/GD Virender Singh arising out of SLP (c) No 16442/2021 and it has been held that the date of implementation of MACPS would be 01.09.2008 only and **not** 01.01.2006 as was held in Balbir Singh Turn's case. Based on the judgment of the Hon'ble Apex Court delivered on 28.04.2021 in the case of RK Supra (Supra), IHQ of MoD (Army) vide their letter No BC/90028/Dirms/Inf-9 dt 23.05.2023 has already issued instructions to all the Record Officer and Legal Cells regarding the processing of such cases where the Corr PPO is yet to be issued as those who were discharged prior to 01.09.2008 are not entitled to the benefit of MACPS and would be governed by ACP Scheme till 31.08.2008.

7. Having considered the above facts and the assertion of the Respondents that Part II Order for grant of MACP-III to the Applicant has already been published and the case has been processed to PAO (OR) RAJ RIF for verification of the same, we direct the Respondents to consider the case of the Applicant for grant of MACP-III benefit to him in view of the fact that he had been discharged from Service on 30.11.2006, i.e., much before the date of implementation of MACPS, as MACPS was to be implemented wef 01.09.2008. The outcome thereof may be intimated to the Applicant.

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

9. No order on costs.

Sd/- XXX

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-