Page No.# 1/4 GAHC010021472018 2025:GAU-AS:904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/713/2018 ANARSI SHARMA S/O SHRI CHATTI LAL SHARMA, R/O HOUSE NO. 7A, AMRIT NAGAR, NATUN BAZAR, BASISTHA, GUWAHATI-29, DIST. KAMRUP (M), ASSAM. VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NEW DELHI 110011 2:THE ARMY HEADQUARTER 101 COMMUNICATION ZONE AREA C/O 99 APO NEW DELHI 110011 3:THE COMMANDANT 151 BASE HOSPITAL C/O 99 APO BASISTHA GUWAHATI-28 4:THE COMPANY COMMANDER 151 BASE HOSPITAL C/O 99 APO BASISTHA GUWAHATI-28 5:THE AREA ACCOUNTS OFFICER (MINISTRY OF DEFENCE) BIVAR ROAD SHILLONG- Page No.# 2/4 Advocate for the Petitioner : MR. P K DEKA, MR. I H LASKAR,MR. S ALAM,MR. M S ALAM Advocate for the Respondent : ASSTT.S.G.I., MR. K K PARASAR,CGC. R 1 to 4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 28.01.2025 Heard Mr. P. K. Deka, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned CGC appearing for the respondents. 2. Although in the prayer made by the petitioner in the present proceeding, there is no specific disclosure with regard to the relief sought for by the petitioner in the writ petition, Mr. P. K. Deka, learned counsel has however submitted that the petitioner, herein, is seeking the benefit of 3rd Modified Assured Career Progression (MACP) benefit on completion of 30 years of service. 3. The petitioner herein, who was initially recruited as a Carpenter in the Indian Army on 04.03.1972; was thereafter, granted two promotions on 28.02.1986 and 20.12.1996 to the cadres of Highly Skilled Grade-II Carpenter and Highly Skilled Grade-I Carpenter respectively. 4. The petitioner, thereafter, on reaching the age of superannuation, retired from his services on 31.07.2008. The petitioner was also authorized his due pension and pensionary benefits in the matter. It is submitted by Mr. P. K. Deka, learned counsel that the petitioner has no grievance with regard to the pension and pensionary benefits so authorized to him. However, in the event this Court is pleased to accept the prayer of the petitioner for being granted the 3rd MACP benefit, the respondents may be directed to revise his pension and pensionary benefits. Page No.# 3/4 5. Per contra, Mr. Parasar, learned CGC has submitted that the petitioner having earned two promotions during his service tenure, he would not be entitled to be granted financial up-gradations on completion of 12 years and 24 years respectively, under the erstwhile ACP scheme. Mr. Parasar, learned CGC, by referring to a communication dated 30.01.2015, has submitted that the respondent authorities had communicated the said aspect of the matter to the petitioner; however, the same is not under challenge in the present proceeding. 6. I have heard the learned counsels appearing for the parties and perused the materials available on record. 7. The petitioner, in the present writ petition had prayed for grant of the following reliefs:- “(i) Directing the respondent authorities to take necessary action for fixing the pay and pension of the petitioner correctly and release all the arrear dues of the petitioner at the earliest. (ii) Upon cause or causes being shown and upon perusal of the records and hearing the parties be pleased to make the Rule absolute and/or pass such other order/orders as to Your Lordships may deem fit and proper.” 8. The said relief sought for by the petitioner is vague, however, it was clarified by the learned counsel for the petitioner that the petitioner is seeking grant of 3rd MACP benefits on completion of 30 years of service. Accordingly, this Court is now required to examine as to whether the petitioner would be entitled to be extended with the said relief. 9. As noticed herein above, the petitioner was granted two promotions during his service tenure i.e., on 28.02.1986 and 20.12.1996. Accordingly, in terms of the provisions of the ACP scheme, the petitioner having already earned two promotions, he would not be entitled to the benefit of financial up-gradations on Page No.# 4/4 completion of 12 years and 24 years of service, respectively. The provisions of the MACP scheme, was made effective from 01.09.2008. Under the provisions of the MACP scheme, three financial up-gradations are granted to the employees on completion of 10, 20 and 30 years respectively. The said scheme having come into operation only w.e.f. 01.09.2008 and the petitioner having already superannuated from his services w.e.f. 31.07.2008, the scheme not having been given a retrospective effect, the petitioner would not be entitled to receive any benefit flowing from the MACP scheme. Accordingly, this Court, in view of the provisions of the MACP scheme and the date of its implementation, is of the considered view that the prayer of the petitioner for being extended with the benefit of the 3rd MACP would not be called for to be so directed. 10. In view of the conclusions reached by this Court, herein above, the writ petition is held to be devoid of any merit and accordingly, the same stands dismissed. However, there would be no order as to costs. JUDGE Comparing Assistant