ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR MA 495/2024 in OA 312/2024 with MA 440/2024 No 1079412W Ex Nk Sajan Surja Ram Zajoot, S/o Shri Surja Ram Mandawa, Resident of Deenwa, Mandwa, Jhunjhunu, Rajasthan …. Applicant Versus

1. UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011

2. PCDA (P), Draupadi Ghat, Prayagraj, UP

3. OIC Records, The Jat Regiment, PIN 900 427, c/o 56 APO …. Respondents For Applicant : Ms. Anjali Minocha, Advocate For Respondents : Mr. Pradeep Mathur, Advocate CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

23.04.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to extend the benefits of MACP I & II with grade pay of Rs 2400/- & Rs 2800/- payable upon completion of 8 & 16 years of service and pay the accumulated pension and pensionary benefits to the Applicant accordingly.

2. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 30/12/1983 and was discharged from service on 31/12/2005 under Rule 13 (3) Item III (i) of Army Rules 1954 on completion of his terms of engagement. He had rendered 22 years and 1 day of service and was granted service pension for life for the qualifying service. With regard to the prayer of the applicant, the Respondents have submitted that in terms of Govt of India, Ministry of Defence letter dated 07/8/2003, Annexure R/1, Sepoys and equivalent will be granted first financial upgrdation in the pay scale of Naik and equivalent after completion of 10 years of service and second financial upgradation of ACP Scheme will come into effect to the scale of Havildars and equivalent on completion of 20 years of qualifying service. However, if the first upgradation to the pay scale of Naik and equivalent is delayed for any reason, the second upgradation to the pay scale of Havildar and equivalent will take place ten years after the first upgradation. The ACP Scheme became operational wef the issuance of this letter, ie, wef 07/8/2003. Moreover, as per Army HQ letter dated 13/6/2011, Annexure R/2, the Modified Assured Career Progression would be operational wef 01/9/2008 on completion of 8, 16 and 24 years of continuous regular service or 8 years continuously in the same grade pay. In the instant case, the applicant was enrolled in the Army on 30/12/1983 and was discharged from service on 31/12/2005, hence, the applicant would be due for his first ACP/MACP scheme benefits wef 30/12/1993. Since no ACP/MACP scheme was operational till that time, the applicant was eligible for ACP 2 for Havildar grade wef 30/12/2003. Accordingly, Record Office has already published Part II Order for grant of second ACP of Havildar/Dafadar grade to the applicant. Respondents have also stated that action has already been taken to submit the claim to the PCDA (P) for notification of Corrigendum PPO in this regard.

3. We have heard the counsels for the parties and perused the material placed on record.

4. It is evident that the applicant was entitled to ACP benefits only and not MACP as he was discharged from service before the implementation of MACP Scheme.

5. In view of the affirmative statement made by the Respondents in their Reply Statement with regard to grantof benefit of Second ACP for Havildar/Dafadar Grade to the applicant wef 30/12/2003, this OA has become infructuous and nothing remains on the part of the Respondents. During the course of hearing, counsel for the applicant submits that the applicant has so far not received any PPO in this regard, granting relief as stated by the Respondents. Respondents are, therefore, directed to take necessary steps in issuing requisite Corrigendum PPO for grant of Second ACP benefit to the applicant within four months from the date of receipt of a copy of this Order, if not already done.

6. The OA is disposed off accordingly. No order on costs.

7. Pending appl