1. AFT – 31 : BENEFIT
OF MSP
FROM JAN 2006
AND NOT FROM
SEP 2008 : OFFICERS

2. Issue Before us ?
Question to be Asked is : Does the judgment of hon’ble Supreme Court Apply Equally to Payment of MSP only from Sep 2008 vide Para 3(G) of SAI 2/S/1998?
Para 3(G) of SAI 2 / S / 2008
MSP will be treated as Pay for all purposes except for computation of (a) Increments and (b) for determination of Status
MSP will be paid only from 01 Sep 2008
MSP will NOT count for fixation of pay on promotion except from Brig to Maj Gen

3. Issue Agitated Before AFT and later in Hon’ble Supreme Court is : Can Executive Instructions issued by Ministry of Defence on Implementation of Cabinet Decision to Fix Date of Implementation Other than Commencement of Central Pay Commission (CPC) Period i.e. Jan once it accepted the Recommendation of CPC ?
Hon’ble Supreme Court on 08 Dec 2017while Dismissing Appeal of Ministry of Def in their Judgment in Civil Appeal Diary No 3744 / in Union of India & Ors Vs Balbir Singh Turn & Anr Combining 25 other similar CAs ruled that:-

4. Judgment of Hon’ble Suprem Court
“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 “
“ This decision could not have been modified by issuing executive instruction. The letter dated flies in the face of the Cabinet decision reflected in the Resolution dated Thus, administrative instruction dated is totally ultra vires the Resolution of the Government. “

5. Implications It is Status.
Why was MSP Fixed from Sep 2008?
Why was MSP Excluded from Increments and Fixation of Pay on Promotion?
The Answer lies in the SAI 2/S/2008 itself :-
It is Status.
Status is based on the Basic Pay.
If MSP is counted then Bureaucrats will be Downgraded vis-à-vis Armed Forces Officers
To save cash outgo from Jan 2006 hence MSP is given only from Sep 2008

6. Implications Loss of MSP from Jan 2006 to Aug 2008
What is the Effect of Provision of MSP in the SAI 2/S/2008 as was done ?
Loss of MSP from Jan 2006 to Aug 2008
Loss of Pay as MSP is NOT counted for Increments.
Basic Pay in 7th CPC is Less as It is a Result of Fitment Factor Adopted by 7th CPC
Pension of all Pre – 2006 Pensioners is not affected as MSP was counted in fixation of Pension

7. Let us See the Case of ACP
To Understand MSP Case
Let us See the Case of ACP
Appeal of Ministry of Defence Against Judgments of various AFTs on ACP filed in Hon’ble Supreme Court
Verdict : Dismissed
Hon’ble Supreme Court combined 21 Civil Appeals of Ministry of Def in one common order in
Union of India & Ors Vs
Balbir Singh Turn
Delivered on 08 Dec 2017

8. AFT – 33 : BENEFIT OF MACP FROM JAN 2006 TO DEC 2017 FOR OR ONLY

9. MACP (Modified Assured Career Progression) Benefits Those who Could not be Given Promotion due to Lack of Vacancies in the Armed Forces
6th CPC Recommended the Benefit be Given to OR of Armed Forces. If a Sepoy does get Promotion then he be given higher Pay being Sepoy only as under:-
No of Years of Service
Pay of 8
Naik 16
Havildar 24
Nb Sub

10. But the Govt of India Implemented ACP Scheme only from Sep 2008 and Deprived the Benefit from Jan 2006 to Aug 2008 to Serving Soldiers & Pensioners
ESMs who challenged this Arbitrary Action got Relief from Hon’ble AFTs
This was challenged by Govt of India in Hon’ble Supreme Court
Hon’ble Supreme Court in their Judgmetn on 08 Dec 2017 ruled that ACP Benefit to be given from Jan 2006

11. Govt of India gave this Benefit only to Post – pensioners and Denied the same to Pre – Pensioners.
T SEWA got only 18 OR in AFT – 15 to get benefit of ACP to Pre – 2006 Pensioners.
Those who went to Hon’ble AFTs got Judgment in their favour.
Due to Low No of Petitioners, it was Decided to File the Case in Circuit Bench, Secunderabad.
Attitude : “ If he gets benefit from AFT, I also will get without taking the trouble”.

12. Likely Arrears of ACP from Jan 2006 to Dec 2017 for Pre – 2006 Sepoy Group - Y

13. Arrears from Jan 2006 to Jun 2014
Ser No
Period
Pension of Sepoy Gp Y in Circular 501
Pension of Havildar Gp Y in Circular 501
Gain If ACP is Granted pm
DR in %
DR Amt
Arrears with DR pm
Arrears for the Period 1
Jan to Jun 2006
5,480
5,762
282
1,692 2
Jul to Dec 2006 6
288
1,726 3
Jan to Jun 2007 17
299
1,794 4
Jul to Dec 2007 9 25
307
1,844 5
Jan to Jun 2008 12 34
316
1,895
Jul to Dec 2008 16 45
327
1,963 7
Jan to Jun 2009 22 62
344
2,064 8
Jul to Dec 2009 27 76
358
2,149

14. 9
Jan to Jun 2010
5,480
5,762
282 35 99
381
2,284 10
Jul to Dec 2010 45
127
409
2,453 11
Jan to Jun 2011 51
144
426
2,555 12
Jul to Dec 2011 58
164
446
2,673 13
Jan to Jun 2012 65
183
465
2,792 14
Jul to Dec 2012 72
203
485
2,910
Jan to Jun 2013 80
226
508
3,046
Jul to Dec 2013 90
254
536
3,215 15
Jan to Jun 2014
100
564
3,384
40,439

15. Arrears from Jul 2014 to Dec 2015 Ser No Period
Pension of Sepoy Gp Y in Circular 555
Pension of Hav Gp Y in Circular 555
Gain If ACP is Granted pm
DR in %
DR Amt
Arrears with DR pm
Arrears for the Period 1
Jul to Dec 2014
6,665
7,598
933
107
998
1,931
11,588 2
Jan to Jun 2015
113
1,054
1,987
11,924 3
Jul to Dec 2015
119
1,110
2,043
12,260
Total
35,771

16. Arrears from Jan 2016 to Dec 2017
Ser No
Period
Pension of Sepoy Gp Y in Circular 555
Pension of Havildar Gp Y in Circular
555
Gain If ACP is Granted pm
DR in %
DR Amt
Arrears with DR pm
Arrears for the Period 1
Jan to Jun 2016
17,129
19,527
2,398
14,387 2
Jul to Dec 2016 48
2,446
14,675 3
Jan to Jun 2017 4 96
2,494
14,962
Jul to Dec 2017 5
120
2,518
15,106
59,130

17. Summary of Gain if ACP is Granted from
Jan 2006 to Dec 2017
Jan 2006 to Jun 2014
40,439
Jul 2014 to Dec 2015
35,771
Jan 2016 to Dec 2017
59,130
Total Gain
Rs 1,40,008

18. MSP

19. Military Service Pay (MSP) is in addition to the Grade pay given by 6th CPC to Armed Forces personnel to compensate them for their hazardous life
MSP was sanctioned by Govt of India on the wrong, misguided and deceitful advice of Def Accts Dept personnel to deny the benefit to service solider of three wings of Armed Forces.
MSP was given only from Sep 2008 to serving personnel

20. MSP was given to Pre – 2006 Pensioners while denying the same to the serving defence personnel.
Hon’ble Supreme Court in the latest judgment of Govt of India Vs Balbir Singh Turn on 08 Dec said :
11. 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

21. There is a strong case to get MSP for serving soldiers from ranks of Sepoy to Brigadier who were in service from Jan 2006 to 31 Aug 2008 if T SEWA goes to AFTs.
The benefit the eligible personnel will get is as under:-
Officers irrespective of rank : Rs 2,04,360
JCOs / OR: Rs 68,120

22. Loss Suffered by Armed Forces Personnel Due to Wrongful Interpretaton of MSP in SAI 2/S/2008
Arrears of Pay from Jan 2006 to Aug 2008
Loss of Increments from Jan 2006 to Jun 2014
Loss on Fixation of Pension on Promotion upto Ranks of Brigadier if that benefit is given to those who are promoted to the rank of Maj Gen

23. 204,360 Rank Period MSP DR in % DR Amount Arrears pm with DR
Arrears for the Period
Officers
Jan to Jun 2006
6,000
36,000
Jul to Dec 2006 2
120
6,120
36,720
Jan to Jun 2007 6
360
6,360
38,160
Jul to Dec 2007 9
540
6,540
39,240
Jan to Jun 2008 12
720
6,720
40,320
Jul to Aug 2008 16
960
6,960
13,920
Total Arrears
204,360

24. AFT – 32 : BENEFIT
OF MSP FROM
JAN 2006
AND NOT FROM
SEP 2008 : JCOs/ OR

25. Rank
Period
MSP
DR in %
DR Amount
Arrears with DR
Arrears for the Period
JCOs & OR
Jan to Jun 2006
2,000
12,000
Jul to Dec 2006 2 40
2,040
12,240
Jan to Jun 2007 6
120
2,120
12,720
Jul to Dec 2007 9
180
2,180
13,080
Jan to Jun 2008 12
240
2,240
13,440
Jul to Aug 2008 16
320
2,320
4,640
Total Arrears
68,120

26. Thank You