Armed Forces Tribunal
Ex Hav Mahesh Singh vs UOI & Others on 12 August 2025
OA No 306/2024 Ex Hav Mahesh Singh Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
30.
OA No 306/2024 with MA No 435/2024
No-14248087K Ex Hav Mahesh Singh, S/o Late Shyam Singh, R/o Village-Mengri, Post-Fatehpur, Tehsil-Karauli, District-Karauli (Rajasthan)-322241
…. Applicant
Versus
1.
The Union of India, through Secretary, Ministry of Defence, South Block, Govt of India, New Delhi – 110011
2.
The PCDA (P), Allahabad (UP) - 211014
3.
The OIC Records, Signals
Jabalpur (MP) – 482001
…. Respondents
For Applicant
: Mr. Satish Kumar Balwada, Advocate
For Respondents
: Mr. OP Jhajhria, 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
12.08.2025
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant MACP-III benefits to the Applicant wef 01.01.2006 and, accordingly, pay pension and pensionary benefits along with interest @ 18% per annum.
2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 01.02.1983 and after serving for 24 years of service, he was discharged from Service on 31.01.2007 for which he has been granted Service Pension for life wef 01.02.2007. MACP benefits have been made applicable wef 01.01.2006, however, the Applicant has not been granted MACP- III 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,
OA No 306/2024 Ex Hav Mahesh Singh Vs UOI & Ors the Applicant is eligible for financial upgradation (Nb Sub grade) under MACP Scheme. Accordingly, Part II Order dt 30.06.2022 for grant of MACP-III wef 31.01.2007, ie., on completion of 24 years of continuous regular service has been published (Annexure R/4). Therefore, LPC-cum-Date Sheet for grant of pensionary benefits of MACP-III has been processed with PAO (OR) Corps of Signals vide Signals Records letter dt 27.11.2024 for their authentication/audit. After audit by PAO (OR), Corps of Signals, the case will be further processed to PCDA (P), Prayagraj for issuance of Corrigendum PPO.
4. It has been seen that the case for grant of financial upgradation under MACP scheme has been processed with higher authorities after publication of Part II Order dt 30.06.2022 by Signals Records and the same is stated to be under process for issue of Corrigendum PPO.
5. Taking note of overall facts and circumstances of the case and also the fact that the case for grant of financial upgradation has already been processed by Signals Records after publication of Part II Order dt 30.06.2022 for grant of MACP-III benefits, we direct the Respondents to make payment of MACP-III benefits to the Applicant within a period of two months from the date of receipt of a certified copy of this Order, if not already made. It is also made clear that in case the payment of MACP-III benefits is not made to the Applicant 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.
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/-