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2017 Supreme(P&H) 1046
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AJAY KUMAR MITTAL, AMIT RAWAL, JJ.
Union of India and others - Petitioners
Versus
Pardeep Singh and another - Respondents
CWP No.12002 of 2017
Decided On : 04-09-2017
For the Petitioner:Mr. Vivek Chauhan, Advocate
The main legal point established in the judgment is the entitlement of ex-servicemen to ACP/MACP benefits based on their past service in the Army, as interpreted and applied by the court.
Headnote:
Union of India - Service Benefits - CCAS (Pension) Rules, 1971, Assured Career Progression (ACP) Scheme, Modified Assured Career Progression (MACP) Scheme - DOPT OM dated 10.02.2000, DOPT OM dated 09.09.2010, DOPT OM dated 19.5.2009, order No.AN/XI/11051/MACP/2015/Vol.II dated 19.10.2015, order No.AM/III/1800/MACP dated 06.11.2015 - The court upheld the Tribunal's decision to grant the applicant-private respondent the benefit of computation of his past service in the Army for ACP/MACP, based on the decision in Ashok Kumar (supra) case.
Fact of the Case:
The Union of India filed a writ petition to set aside an order passed by the Central Administrative Tribunal (Tribunal) in favor of an ex-Army Personnel seeking service benefits under the ACP/MACP schemes.
Finding of the Court:
The court upheld the Tribunal's decision, stating that the similarly situated persons had been granted the benefit of computation of past service in the Army, and the applicant was rightly held to be eligible for ACP/MACP.
Issues: The issues revolved around the eligibility of the ex-Army Personnel for ACP/MACP benefits based on his past service in the Army and the applicability of relevant government notifications and orders.
Ratio Decidendi: The court relied on the decision in Ashok Kumar (supra) case and the observations of the Principal Bench of Central Administrative Tribunal, which allowed the benefit of past Defence service to ex-servicemen recruited to civil service for ACP/MACP benefits.
Final Decision: The court upheld the Tribunal's decision, dismissing the writ petition filed by the Union of India.
AMIT RAWAL, J.
1. The Union of India has approached this Court by invoking the extraordinary jurisdiction under Article 226/227 of the Constitution of India for setting aside the order dated 23.11.2016 (Annexure P-1) passed by the Central Administrative Tribunal (hereinafter called as “Tribunal”) in OA No.060/00216/2016.
2. The facts emanated from the writ petition and the order of CAT are that the applicant-private respondent approached the Tribunal seeking following relief:-
3. “Quash para No.13 of Annexure attached with DOPT OM dated 10.02.2000 (Annexure A-1), which stipulates that Ex-Servicemen reemployed as civilian employees, shall be entitled for upgradation under the Scheme on completion of 12/24 years of service after direct recruitment in the civil employment also such category of persons would already be drawing pension on the basis of their service in the armed forces, as mentioned in order dated 19.10.2015, as there cannot be discrimination on the basis of department particularly applicant is not drawing any retiral benefits.
(ii) Quash clarification issued under para 4 of the Annexure of DOPT OM dated 09.09.2010 (Annexure A-2), which stipulates that benefit under MACP would be available from the date of actual joining of the posting the entry grade.
(iii) Quash para 9 of Annexure of DOPT OM dated 19.5.2009 (Annexure A-3), which stipulates 'Regular Service' for the purpose of MACP shall commence from the date of joining of the post in direct entry grade on a regular basis either on direct recruitment or on absorption/re-employment basis, being arbitrary and discriminatory and having no nexus with the object sought to be achieved, which create classification on the basis of department and there being no such restriction even for other who were serving under the Ministry of Defence while joining the service in civil employment either by way of being surplus or otherwise.
(iv) Quash order No.AN/XI/11051/MACP/2015/Vol.II dated 19.10.2015 (Annexure A-4) passed by respondent No.2, whereby the claim of the applicant for counting of service rendered by him in the Indian Army for the period from 12.09.1977 to 14.05.1985 for the purpose of ACP/MACP has been declined.
(v) Quash order No.AM/III/1800/MACP dated 06.11.2015 (Annexure A-5) passed by respondent no.3, whereby request of the applicant for counting of service rendered by him in the Indian Army for the period from 12.09.1977 to 14.05.1985 for the purpose of ACP/MACP has been rejected and even it has been declined to consider the case of the applicant in the light of directions of the Hon'ble Principal Bench of Central Administrative Tribunal in OA No.1293/2007 and OA No.1441/2010.
(vi) Issue directions to the respondents for counting service rendered by the applicant for the period from 12.09.1977 to 14.05.1985 in Indian Army for the purpose of ACP/MACP with all consequential benefits with effect from due date.”
4. The petitioner, being an Ex-Army Personnel, joined the Indian Army as Havildar in Education Corps on 12.09.1977 and was discharged on compassionate ground from Army service on 14.05.1985. In response to the advertisement issued by the Staff Selection Commission, he applied for the post of Auditor. He was selected and offered appointment on 26.08.1987 in the office of Defence Pension Disbursement Office, Jammu. The Tribunal accepted the prayer of the petitioner, particularly, taking into consideration the letter dated 30.06.1992 (Annexure A-7) whereby his service rendered in the Army was reckoned for the purpose of Pension under the provisions of Rules i.e. CCAS (Pension) Rules, 1971 as well as on certain other points.
5. Mr. Vivek Chauhan, learned counsel appearing on behalf of the petitioner-Union of India submits that after having appointed as Auditor on 26.08.1987, the applicant-private respondent was promoted as Senior Auditor on 22.06.1995. Meanwhile, the Government of India vide notification dated 09.08.1999 notified 'Assured Career Progression (ACP)
