This article will show you ho to claim your MACP, irrespecctive of your date of retirement if it is in 2006 or after 2008. . Yes friends, this article is most important in the context of MACP. Because, in this article, I will also show you the letter from the Ministry of Defense related to MACP.
After that, I will also tell you how to get MACP for the pensioner issued by the PCDA. And after that, I will also tell you the order of the AFT, in which the court has decided that, although your service is less than the prescribed bench mark, but still you may get MACP. So friends, be sure to read the complete article.
So first of all, I will start with the letter from the Ministry of Defense. You should know that MACP was implemented by the Six-Pay Commission. And you should know, when the Sixth-Pay Commission was implemented, At that time, its implementation started in 2008.
So the order for the MACP was that the pensioners who retired after September 1, 2008, They will be given MACP. While friends, the Sixth Pay Commission was implemented on January 1, 2006. So friends, although I will also tell you that before MACP, there was similar scheme named ACP.
You used to get ACP in 10 years. But what is MACP? MACP is awarded in every 8 years, the salary and pension of the next rank is given to you. So what happened in the beginning? Those who retired in 2006, retired in 2007, retired in 2008, So they did not get the benefit of MACP.
Someone may have served for 24 years, but did not get the benefit of MACP. There are many such friends. Some Sep and Nk not received MACP till date inspite of having qualified service.
Because when the Sixth Pay Commission was implemented, So in that, I told you that MACP was implemented from September 1, 2008. So whoever retired before 2008, they were not given MACP. But on 25 July 2018, the Ministry of Defense amended this thing, about MACP.
You may read the letter and orders of the Supreme Court on 8 December 2017, MACP instead of September 1, 2008, will be also allowed wef 01. 01. 2006. The scheme would be operational with effect from September 1, 2008. That is, when it was in the Sixth Pay Commission, it was from September 1, 2008. But when the decision of the Supreme Court came on it, So what happened after this? Read, the scheme would be operational with effect from January 1, 2006.
That is, after January 1, 2006, whoever has retired, If their qualifying service is complete, then they were given the benefit of MACP. Now what happened in this, friends? It had been a long time here, between 2006 and 2008. And in 2018, this order released by Supreme Court. So, although many people, after MACP implemented, till now, have been benefitted but following this SC Order, the deprived Soldiers also may get their legitimate rights.
And they also got its arrears. But there are many pensioners, friends, who have not yet been ordered by the Supreme Court. And they are lying in the cold.
Because I have come across many such cases, who have retired after 2006. And they say that we have served 24 years and we are not getting MACP. But they are applicable.
You can find this letter from the Ministry of Defence. So, you should be aware first. Why are you not getting MACP? How will you get it? I will also tell this thing.
You must check your PPO, which has come after 2006. Now see, at this point, I will tell you moving forward. How will you get MACP? Friends, someone had filed a complaint in CP Gram in this way.
That they are applicable to MACP. But they are not getting the benefit of MACP. So, this complaint was forwarded from CP Gram to PCDA Pariyag Raj.
PCDA Parayag Raj, in response to this, has written to the pensioner that how will you get MACP. If you are applicable to MACP, then don’t run here and there. I told you what to do.
And the same answer has also been given to the pensioner by PCDA Parayag Raj. Now see, giving his full reference, His last hand is Sep MACP-1. & Sep MACP-2 means Nayak.
But if he has served for 16 years, then he should have got Sep MACP-2 means Nayak. That is, he should have got the pension of the Nk, but he is not getting it. So, what instructions have they given to the pensioner? This has been sent to the pensioner.
For any correction, you are advised to contact your concerned record office for initiation of data correction oblique revision as PPO is notified on the basis of data initiated by Record office. So, PCDA Pariyag Raj has said that you are advised to contact your record office. Because the PPO that is prepared by the record office.
So, if you want to do any correction or revision in your PPO, then it will be done through your record office. Once your claim is accepted and approved by the record office, the corrected PPO for Sipahi MACP-2 (Nk) will be generated by Record/CDA office. So, as soon as your claim is accepted by the record office and approved by the record office, its DO2 order will be made by the record office.
So, as soon as this thing is done, PCDA Pariyag Raj will mention your Sipahi ACP-2, i.e. the pension that you have to get equal to the Hav, in your PPO. So, I want to explain this thing to you from this letter. Friends, if you have a MACP case, then do not put its grievance in CPGRAM or SPARSH PCDA.
I had also told you earlier that if there is such a case, then you have to directly write a letter to your record office. Your record office will check your eligibility. After that, its DO2 order will be published and to be handed over to PCDA.
And apart from PCDA, your PPO will be issued for MACP. Now let’s go a little further, in which the court has given a decision that even if your qualifying service is not complete, you will still be given MACP.
Now see, what is the story here? See this thing. Rahul Kumar Singh had emailed to one of the expert in this matter regarding MACP, that after watching his videos, And his father ESM Sanjay. So, his father was from the Bihar regiment. His father did the full service for 24 years, 21 days. Despite this, he did not get the benefit of MACP Nb Subedar.
And why didn’t he get it? Because there is non-qualifying service for 28 days. But his service was this much. But the non-qualifying service in it was 28 days.
It could be OSL or AWL. Anything can happen. Over stay off leave, whatever it is. Any reason can be that 28 days were deducted from his service. It was a non-qualifying service. Because of which his MACP was denied by the record office.
Because he was not able to complete 24 years. 28 days were deducted. That is, 7 days were deducted from 24 years. 23 years, 11 months, 23 days qualifying service was considered. And 7 days lacking in 24 years.
That is, 7 days were deducted from 24 years. And he was not given MACP. And friends, there are many such cases with pensioners.
Who have done more than 16 years, 24 years. But because of the non-qualifying service, they are being denied. They are in shortfall of 2-4 days, 5 days.
And because of that, he has not been able to get MACP. Now what is the solution for this? Okay, after this, I will show you the judgment. In which such pensioners, Because of the non-qualifying service, less than 24 years, 16 years or 8 years, they did not get MACP. So in their favor, the judgment given.
He was a Sepy of Y group for 23 years and 11 months, his qualifying service was considered for 23 years. Non-qualifying service was considered for 28 days.
Because of which, he got a pay level of L-05. That is, he got the benefit of a Hav only. He did not get the benefit of a Nb Sub .
Now I will show you the court’s decision. You see, in the Armed Forces Tribunal Regional Bench Chennai, passed order.
You can note the OA number and MA number. This is the decision of 2021. Now in this too, friends, the applicant was a pensioner.
Because of whose non-qualifying service, the service was less than 24 years and 16 years. You see, the applicant was discharged from service on 30 November 2006 in the rank of Hav. after rendering 24 years and 5 days.
After doing 24 years and 5 days, on 30 November 2006, this Hav retired. Now read their story further. The applicant has 22 days of non-qualifying service due to overstay of leave.
He was on OSL for 22 days. Because of which, his qualifying service was reduced to 23 years 11 months 13 days. That is, 17 days were reduced to 24 years.
And because of which, he was not given the benefit of MACP 3. So he went to AFT. So, friends, there was a lot of hearing on this. After the hearing, I will show you what the decision came out.
Now look at number 13. In the instant case, the applicant had served more than 24 years. So the applicant did more than 24 years of service.
However, there was a shortfall of 14 days to complete 24 years of service. In view of some non-qualifying service deducted from total service rendered by him. Admittedly, the applicant had 23 years, 11 months and 16 days of service at the time of his discharge from service and was granted pension benefit 24 years of service.
After rounding off the fraction of services to 2.5 years, 1 year, and he had served for more than 9 months during his last year of service. Friends, you may not understand what they are saying. Has it been justified there that they should get MACP? Now look, you should know, that I had told you in a video that if your service is 23 years, 9 months plus, if your service has been done, then your qualifying service, friends, in this case, it is considered 24 years.
If you have served more than 23 years and 9 months, then by giving reference to these cases, by giving reference to the same thing, that he may have done 23 years, 11 months and 16 days, but the benefit he is getting is that he is getting 24 years of qualifying service. When he is getting the benefit of 24 years of qualifying service, then he should also be given MACP, even if his 14 days or 15 days, however many days his service is less. So in such a case, the court gives him a decision.
You are seeing, you will also see the court’s decision here. Therefore, the deficiency of 22 days of non-qualifying service as 30 November 2006 is hereby condoned. The applicant is therefore eligible for Entitled IV grant of third MACP benefit on completion of 24 years of service that is 30 November 2006.
His terminal benefit, including pensionary benefit, shall be calculated at fixed after granting him MACP benefit and taking into account that benefit as well. Correundum PPO will be issued to that effect. In fine, the respondents are directed to pay the area of pay and pension based on MACP III benefit with effect from 1 December 2006, failing which the applicant will be entitled to interest at 8% per annum for the said amount.
So AFP has given a decision in his favour that when his qualifying service has been approved for 24 years, the pensionary benefit is being given to him after taking the qualifying service for 24 years. So in such a case, he should also be given the benefit of MACP. His Correundum PPO should be issued as soon as possible and the respondent is instructed that he should be given the benefit of MACP III with effect from 1 December 2006.
His pension and his area should also be given to him. And if you fail to do this, then you will have to pay him 8% per annum. So this kind of decision has been given.
And if we look at another such decision here, then this decision of 2016 is also such a decision. So in total, his qualifying service could not be done for 24 or 16 years. Because of the non-qualifying service.
So he also asked me what I have to do. Look, he went to AFT. He got a decision from AFT.
And after getting a decision from AFT, he must have also got the benefit of this thing. So friends, if your record forbids you with this kind of non-qualifying service, then you can also give your case in AFT by giving a reference to these letters and decisions. AFT will give him a decision.
So when this decision will go to your record office, then your record office will have to give you the benefit of MACP. So friends, I hope you got a lot of information in this Article