Armed Forces Tribunal
Ex NK Ram Karan (Army) vs UOI & Others on 19 August 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
29.
OA No 289/2019 with MA No 470/2019
No-14617383F Ex Nk Ram Karan, S/o Late Shri Mehar Singh, R/o Raja Colony, Ismailabad, near Petrol Pump, VPO-Ismailabad, Distt-Kurukshetra (Haryana), at present Resident of CISF Colony, Hindustan Zinc Limited, Chanderiya, Teh-Gangrar, Distt-Chittorgarh (Raj)-312021
…. Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi – 110011
2.
PCDA (P), Draupadi Ghat, Allahabad (UP) - 211014
3.
The OIC Records, The EME Records
PIN-900453, C/o 56 APO
…. Respondents
For Applicant
: Mr. Yogendra 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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O R D E R
19.08.2025
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant MACP-II benefits to the Applicant wef 01.03.2008 and, accordingly, pay pension and pensionary benefits along with interest @ 12% per annum.
2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 28.02.1992 and after serving for more than 16 years of service, he was discharged from Service on 30.04.2008 for which he has been granted Service Pension for life wef 01.05.2008. MACP benefits have been made applicable wef 01.01.2006, however, the Applicant has not been granted MACP-II benefits after retirement. The Applicant made representations but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents filed a detailed reply to the Application. While not disputing the basic facts represented by the Applicant, the Respondents have submitted that in terms of GoI, MoD letter No 14(1)/99-D (AG) dt 25.07.2018, the Applicant is eligible for financial upgradation (Havildar grade) under MACP Scheme. Accordingly, Part II Order dt 09.04.2019 for grant of MACP-II wef 28.02.2008, ie., on completion of 16 years of continuous regular service has been published (Annexure R/3). LPC-cum-Date Sheet for grant of pensionary benefits of MACP-II is being forwarded to PCDA (P) for issuance of Corrigendum PPO after audit from PAO (OR).
4. It has been seen that Part II Order dt 09.04.2019 for grant of financial upgradation under MACP scheme has been published and the same is stated to be under process for issue of Corrigendum PPO.
5. The matter has been examined. It is a matter of fact that the Hon’ble Apex Court vide its judgment dt 28.04.2021 in the case of UOI Vs RK Sharma & Ors has overturned the judgment dt 08.12.2017 in Civil Appeal No 3744/2016 in the case of UOI & Ors Vs Balbir Singh Turn and has held that the MACP Scheme would be implemented wef 01.09.2008 and not 01.01.2006 as was ruled earlier. Consequent to that, IHQ of MoD (Army) vide their letter No C/90028/Dirns/Inf-9 dt 23.05.2023 has issued instructions as to how to implement the MACP Scheme in view of the Hon’ble Apex Court judgment in the case of RK Sharma (Supra). Hence, the Applicant is not entitled to the benefits of MACPS as he was discharged prior to date of implementation of MACPS wef 01.09.2008.
6. However, taking note of overall facts and circumstances of the case and also the fact that the case for grant of financial upgradation is being processed by the Respondents after publication of Part II Order dt 09.04.2019 for grant of MACP-II benefits, we direct the Respondents to finalise the MACP-II benefits to the Applicant within a period of four months from the date of receipt of a certified copy of this Order in accordance with the extant rules and policy and IHQ of MoD (Army) letter dt 23.05.2023, if not already done. It is also made clear that if the matter is not finalized within the time limit mentioned above, the Applicant shall be entitled to interest @ 6% per annum till the date of actual payment to the Applicant, if entitled under the rules.
7. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
8. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-