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HIGH COURT OF KERALA
MR. JUSTICE HARISANKAR V. MENON, J
VIJAYAN D. – Appellant
Versus
UNION OF INDIA – Respondent
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
Retired personnel must seek eligibility recognition for ACP/MACP benefits from the competent authority before any claims can be considered.
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The MACP scheme provides financial upgradations based on service duration, not promotional hierarchy, and previous judicial decisions must be followed.
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