ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR (CIRCUIT BENCH AT JODHPUR)

14.

OA No 275/2024 with MA No 405/2024 No-15140071L Ex Hav Shambhu Singh, S/o Late Shri Jawahar Singh, R/o Plot No-125, Sainikpuri, Digari Kallan, District-Jodhpur (Raj) -342015 Applicant ....

Versus

1 The Union of India, through its Secretary of the Govt of India, Ministry of Defence, New Delhi -

110011

2 The Chief of the Army Staff, Army Headquarters, DHÌ PO, New Delhi - 110011

3 The PCDA (Pension), Draupadi Ghat, Prayagraj (UP) - 211014

4 Arty Records, PIN-908802, C/o 56 APO .... Respondents For Applicant : Mr DS Rathore, Advocate For Respondents :Mr Tribhuwan Singh, Advocate CORAM HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON'BLEM R SANJIV MITTAL, MEMBER (A)

ORDER

20.11.2024

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents for qrant of MACP-III benefits wef 01.09.2023 in terms of Para 18(a) of Pension Regulations for the Army, 2008 (Part-1) and that the arrears be paid along with interest @ 8% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 11.08.1999 and after rendering 24 years and 21 day of Service, including 48 days of Non-Qualifying Service (NÌS) on account of absent without leave, he was discharged from Service on 31.08.2023 and, accordingly the Applicant has been granted Service Pension for life wef 01.09.2023 for qualifying service on 23 years, 11 months and 3 days of Service. ^The Applicant submits ^that as per Rule 18 (a) of ^Pension Regulations for the Army, 2008 (Part-1), in calculating the length of qualifying service, fraction of ay ear equal to three months and above but ^{less than 6} months shall be treated as a completed one half year and reckoned as qualifying service. Hence, 23 years, 11 months and 3 days of qualifying service rendered by the Applicant should be counted as completed 24 years and, accordingly, ^{the Applicant should} be ^{extended the benefits} of MACP-III wef 01.09.2023. Further, under the provisions of Rule 49 of the aforesaid Pension Regulations, the Competent Authority may condone a deficiency of service in a particular rank not exceeding three months in the case of discharge at own request on compassionate grounds. However, under this provision also, the competent authority has not condoned the deficiency of just 27 days for grant of MACP-III benefits. The Applicant issued Legal Notice to the Respondents for condonation of deficiency of 27 days of qualifying service for grant of MACP-III benefits by the Respondents. The Applicant made representations as also issued Legal Notice for grant of Service Pension after condonation of shortfall of Service, but to no avail. Therefore, the aggrieved Applicant has filed ^present OA.

3 The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that in terms of Para 21(ii) of Pension Regulations for the Army, 2008 (Part-1), the absence period of 48 days has been treated as non-qualifying service (NOS) and cannot be counted towards grant of pensionary benefits. Accordinaly. the Applicant has been granted Service Pension for qualifying service of 23 vears, 11 months and 03 days and there is a shortfall of 27 days to complete 24 years of service. Further, as per Para 21 (i) of aforesaid Pension Regulations, any period of absence without leave which is regularized as Extra Ordinary Leave (EOL) without pay and allowance is treated as NÌS. In the present case, the Applicant has not completed 24 years of qualifying service, therefore, he is not eligible for MACP-III benefits wef 01.09.2023 and the said period cannot be regularized at this stage. Moreover, on scrutiny of Sheet Roll/ARPAN, it is found that Part II Order regarding grant of 3rd MACP wef 11.08.2023 (ie., on completion of 24 years of service), had been published vide 1 Medium Regiment Part II Ord