IMPORTANT POINT
Retired personnel must seek eligibility recognition for ACP/MACP benefits from the competent authority before any claims can be considered.

JUDGMENT :

1. These petitions have been filed by the petitioners, who are stated to have retired from the CRPF/BSF claiming the benefits available under the ACP Scheme/MACP Scheme.

2. Heard the Sri.Mathew Kuriakose, the learned counsel for the petitioner in W.P.(C).No. 26275 of 2019 and Sri.Nirmal V.Nair, the learned counsel for the petitioner in W.P.(C).Nos. 28515 and 26319 of 2019. I have also heard Sri.N.S.Dayasindhu Sreehari, Sri.P.Krishnadas Nair and Smt.Mini Gopinath on behalf of the respondents here.

3. The petitioners contend that they are entitled to get the MACP benefits with reference to a series of judgments issued by the Delhi High Court. However, the learned Central Government Counsel would point out that, though the SLPs preferred from the judgments produced in the writ petitions have been rejected, in a subsequent set of cases, the Hon’ble Apex Court has considered the entitlement qua the similarly placed persons like the petitioners herein, deciding the issue in favor of the Government.

4. At the same time, it is pointed out by Sri.Nirmal V.Nair that the consideration made by the Delhi High Court as well as the Hon’ble Apex Court was with reference to the entitlements under MACP scheme whereas, the petitioners may also be entitled for the benefits available under ACP Scheme, with reference to the number of years put in by them.

5. In any event, I notice that in these case, as of now, there is no consideration as regards the eligibility of the petitioners at the hands of the employer. In such circumstances, these writ petitions are disposed of under;

i. The petitioners to file an appropriate representation before the competent authority of the force, seeking the benefits available under the ACP/MACP Scheme, within a period of 4 weeks from today.

ii. If such an application is being filed by the petitioners, the competent authority of the force to consider the same and pass appropriate orders, strictly in accordance with law, within a further period of six weeks thereafter.