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MACP for Havildar who retired on 31 Dec 2006
29-Jan-2023 (In Armed Forces Tribunal Law)
I have completed my 08 years as Havildar on 01 July 2005. I discharge from Army on 31 Dec 2006 . As per Supreme Court of India judgement on 08 Dec 2017 "that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006. " How can I get this benefit.
Dear Client,
In case of Union Of India vs Balbir Singh para 11 reads as follows-
'We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet. This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.'
If you are looking forward to avail the benefit of the same it is advised that let us go through all your documents of your service. In case of further assistance please contact me.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
In case of Union Of India vs Balbir Singh para 11 reads as follows-
'We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet. This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.'
If you are looking forward to avail the benefit of the same it is advised that let us go through all your documents of your service. In case of further assistance please contact me.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
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