GAHC010067042024 2025:GAU-AS:15608

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1982/2024

NO.G/144139 WARRANT OFFICER/GD YASH PAUL

S/O- LATE JULSHI RAM SHARMA,

PRESENTLY SERVING AT 14TH ASSAM RIFLES, C/O 99 APO

VERSUS

UNION OF INDIA AND 2 ORS

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME

AFFAIRS, NEW DELHI-01

2:THE DIRECTOR GENERAL

ASSAM RIFLES HEAD QUARTER DIRECTORATE GENERAL ASSAM RIFLES

SHILLONG-11

3:THE COMMANDANT

14 ASSAM RUIFLES

C/O 99 APO

PIN-93204

Advocate for the Petitioner : MR V KUMAR, MR. T NATH,MS M TIWARI,MR B

HAZARIKA,MR B PATHAK

Advocate for the Respondent : DY.S.G.I., MR. K K PARASAR (r-1,2,3)

:::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE

Date on which judgment is reserved : N/A

Date of pronouncement of judgment : 18.11.2025 Whether the pronouncement is of the Operative part of the judgment : No Whether the full judgment has been Pronounced : Yes Judgment & Order(Oral)

Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Mr. K.

K. Parasar, learned CGC for the respondent Nos. 1, 2 & 3.

2. By filing this writ petition, the writ petitioner has prayed for a direction to the respondent authorities to grant benefit of MACP-III to the petitioner on completion of 30 years of service, i.e., with effect from 06.07.2022, by expunging any uncommunicated adverse entry in his Annual Performance Assessment Report (APAR). The petitioner has also prayed for revision of pay and allowances after granting of MACP-III w.e.f. 06.07.2022.

3. The case of the petitioner, in brief, is that he was enrolled in the Assam Rifles on 06.07.1992 as a Rifleman/GD (General Duty) and was posted to 14^th Assam Rifles in the year 1993. He was promoted to the rank of Havildar/GD in the year 2011 and then, to the rank of Warrant Officer/GD in the year 2019.

4. It is the contention of the petitioner that he has completed the qualifying requirement for the benefit of MACP-III, as he is entitled to the benefit after completion of 30 years in service, i.e., with effect from 06.07.2022. Despite his eligibility, the petitioner has been deprived of being granted the benefits of MACP-III while the said benefit has been granted to his juniors.

Aggrieved by the said action, the petitioner approached the respondent authorities for grant of the benefit of MACP-III, as the petitioner has completed 30 years of qualifying service. The Officer Commanding, vide letter dated 11.01.2024, has also requested the concerned authorities to grant the benefit of MACP-III as the petitioner has completed 30 years in service.

5. It is contended that, surprisingly, the Commandant, 14^th Assam Rifles, vide letter dated 27.01.2024, has informed that the name of the petitioner has not been recommended for the benefit of MACP-III on completion of 30 years of service, i.e., with effect from 06.07.2022, due to lacking of APAR for the year 2022. The petitioner contends that the said fact of lacking of APAR or any adverse entry in his APAR for any particular year was never communicated to him till the letter dated 27.01.2024 was issued by the Commandant, 14^th Assam Rifles. Therefore, the uncommunicated adverse remarks/entries in the APARs cannot be acted upon to deny the benefit of MACP-III to the petitioner.

6. Mr. B. Phatak, learned counsel for the petitioner, submits that the petitioner has rendered more than 33 years of unblemished service to the organization and is now at the fag end of his service career. Except for the alleged lack of APAR, the petitioner fulfils all other criteria for grant of the MACP-III benefit on completion of 30 years of service, i.e., with effect from 06.07.2022. The entries/remarks in the petitioner’s APAR have never been communicated to him, thereby depriving him of the opportunity to raise his grievance by way of a representation in terms of the relevant provisions, which the respondents have expressly violated.

7. Mr. Pathak, learned counsel, while referring to the judgments of the Hon’ble Supreme Co