Illegal Discharge From Service Due to LMC – Jawans Own the Case

Soldiers are the assests of our nation ! Is it really honoured by the nation ? This is a case of illegal termination of service of an Army Jawan who served 24 years in Army and was discharged from service due to placed permanent low medical category as no sheltered appointment was given to him by his Commanding Officer.

The instant case OA No 145/2020 was lodged before the Armed Forces Tribunal Lucnknow bench and the orders is available in the public domain hence no need to maintain secrecy of the appeal and orders thereof.  

The NCO enrolled in the Army in 1995 and placed in perm Low Medical Category on 19.07.2019 and ordered to be discharged from service due to no alternative appointment/sheltered appointment given to him on 04.12.2019.  The NCO also preferred representation for cancellation of his discharge order but the authority denied his request and terminated his service.  Moreover he was denied the 2nd MACP (Subedar) and not paid correct pay and allowances benefit from the date of his 1st MACP.

 The NCO being aggrieved , appealed to Armed Forces Tribunal  for cancellation of his discharge order and re-instate his service as per terms of engagement of an Army Hav (24 +2 Years)  in addition to fix his pay correctly from date of 1st MACP and Grant of 2nd MACP as applicable to him. The case of this NCO is very important for all serving and retired soldiers.

After detailed hearing of both the parties, inspecting all the documentary evidences and facts supported by Rules and regulations of Govt of India, the AFT declares that the termination of service of the NCO before completion of his terms of engagement is illegal and he should be reinstated in service with payment of all pay and allowances entitled to him.  The AFT also declares that the effect of MACPs and fixation of pay thereof as per entitlement should be awarded to the NCO.

Recently on 21 Sep 23, Govt has introduced new GMO and ER 2023 which is still in dark whether it will be applicable to the existing LMC persons or only be applicable to the Future LMC Jawans/offrs those who are like to be downgraded to LMC. Definition of Invalided out of service has also been amended.

Watch video on this topic –

Read the complete AFT Orders on OA 145/2020 – https://aftlko.up.nic.in/AFR/AFR%202021/OA%20145%20of%202020%20DP%20Shukla%20(MACP)%20AFR.pdf

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