Ex Nk Devi Singh vs UOI & Others on 20 May 2026

O R D E R

20.05.2026

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 from the date of his discharge from Service and revise pensionary benefits accordingly and that the arrears be paid along with interest @ 8% per annum.

2. The brief facts as enunciated by the Applicant are that he was enrolled in the Army on 28.02.1997 and after serving for 15 years, 10 months and four days of service (excluding 70 days of Non Qualifying Service), he was discharged from Service on 31.12.2012 for which he has been granted Service Pension for life wef 01.01.2013. In terms of Govt of India, Ministry of Defence letter No B/33513/ACP/AG/PS-2(c) dt 13.06.2011, the Applicant is entitled for grant of MACP-II on completion of 16 years 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. As per Para 18 of Pension Regulations for the Army, 2008 (Part-1), in calculating the length of qualifying service, fraction of year equal to three months and above but less than six months shall be treated as a completed half year and reckoned as qualifying service. Therefore, in terms of above provisions, 70 days of non-qualifying service of the Applicant should be counted for grant of MACP-II benefits to the Applicant. The Applicant has placed reliance on Hon’ble Armed Forces Tribunal (Regional Bench), Lucknow (Circuit Bench at Nainital) order in OA No 156/2022 in the case of Ex Hav Chakradhar Prasad Painuly Vs UOI & Ors and submitted that he is eligible for grant of MACP-II benefits after counting of non-qualifying service of 70 days. 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 filed a detailed reply to the Application and have submitted that after rendering 15 years and 10 months of service, including 70 days of non-qualifying service, the Applicant was discharged from Service on 31.12.2012 on his own request on extreme compassionate grounds and has been granted Service Pension for life as admissible for the rank of Naik wef 01.01.2013. As per service records, the Applicant was an in-disciplined and perpetual offender with very casual attitude towards his duties/service. He committed various offences for which he was awarded five red ink entry punishments under the provisions of Army Act, 1950. However, he was promoted to the rank of Naik in his turn on 01.03.2006 and appointment of L/Hav was granted to him on 01.03.2011. In terms of Govt of India letter 03.08.2009 and SAI 1/S/2008, 1st, 2nd and 3rd financial upgradtions would be given on completion of 8,16 and 24 years respectively or on completion of eight years regular service in a particular rank. Since the Applicant has neither completed 16 years of qualifying service nor rendered eight years of continuous service in the rank of Naik, he is not eligible for grant of MACP-II

benefits. Further, in terms of IHQ of MoD (Army) letter dt 10.10.1997, an individual is required to fulfill discipline criteria for grant of MACP benefits. For grant of MACP benefits, an individual should not have earned more than three red ink entries in the entire service and no red ink entry during the preceding one year. Since the Applicant was awarded five red ink entry punishments in the entire service and was also awarded last red ink entry punishment in March 2012, he does not fulfil the discipline criteria 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. 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/Clk 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 L/Nk 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 on his own request before rendering 16 years of service, including the non-qualifying service of 70 days. The Applicant was promoted to the rank of Naik on 01.03.2006 and has not rendered minimum eight years of continuous service in the rank of Naik before his discharge from Service on 31.12.2012. Further, he does not meet the discipline criteria laid down vide IHQ of MoD (Army) letter dt

10.10.1997 for grant of MACP benefits. 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 on all counts and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-