Ex Nk Liladhar Lamoria vs UOI & Others on 13 November 2025

O R D E R

13.11.2025

1. The above Original Application has been filed by the Applicant under the provisions of Section 14 of the Armed Forces Tribunal Act, 2007, praying for directing the Respondents for grant of MACP-II benefits wef 01.10.2018 and consequential pension and pensionary benefits and that the arrears be paid along with interest @ 12% per annum.

2. Brief facts of the case are that the Applicant was enrolled in the Army on 02.02.1991 and after rendering more than 17 years of service, he was discharged from Service on 30.09.2008 in the rank of Naik. On completion of 16 years of service, the Applicant was eligible for grant of MACP-II benefits in terms of Govt of India, Ministry of Defence letter dt 25.07.2018, however, the Applicant has not been granted the benefits of MACP-II. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply while not disputing the basic facts presented by the Applicant, they have raised preliminary objection on the grounds that the Applicant has filed present OA without availing the remedy available to him and, hence, the OA has to be dismissed on this ground alone. The Respondents have further submitted that the Applicant is eligible for grant of MACP-II and, accordingly, Part II Order published on 05.04.2024. The case for issue of Corrigendum LPC cum Data Sheet for grant of MACP-II benefits has been forwarded to PAO (OR) Jat Regiment for audit and onward submission to PCDA (P), Prayagraj for issue of Corrigendum PPO and arrears. Therefore, the OA has become infructuous and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant submitted that he has been granted MACP-II benefits as prayed for, however, interest on the arrears has not been issued for the period from 01.10.2018. On the contrary, Learned Counsel for the Respondents vehemently opposed then contention of the Applicant and submitted that the policy came into existence on 25.07.2018, therefore, the prayer of the Applicant for grant of interest on the arrears before that period is illogical and cannot be acceded to. There are a large number of ex-servicemen and it takes a long time to compile data of all affected pensioners. Further, the Applicant has filed the OA without issuing even a Legal Notice and the prayer of the Applicant cannot be accepted.

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

6. It is not in dispute that the notification for grant of MACP benefits wef 01.01.2006 was issued vide Govt of India letter dt 25.07.2018 and it takes a reasonable long time to compile data of all eligible ex-servicemen. However, the Respondents did not process the case of the Applicant expeditiously after issue of the policy in 2018 and Part II Order for grant of MACP-II benefit was published only on 05.04.2024, ie., after filing of the OA by the Applicant on 06.03.2024. Had the Respondents taken up the case for grant of MACP benefits expeditiously on issue of notification on 25.07.2018, the Applicant would not have availed legal recourse.

7. Taking into consideration overall facts and circumstances of the case, we direct the Respondents to pay a sum of Rs. 25,000/- as compensation to the Applicant within a period of three months of receipt of a certified copy of this Order in default thereof, the Applicant shall be entitled to interest @ 6% per annum on Rs. 25,000/- till the date of actual payment.

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

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-