8 June 2024

Refusal to take promotion cadre test disentitles military personnel from financial upgradation: Armed Forces Tribunal

Shashwat Singh

The Armed Forces Tribunal (AFT) recently held that the refusal to undergo promotion cadre test disentitles defence personnel from the periodic financial upgradation under the Modified Assured Career Progression Scheme (MACP) [Chanchal Singh v. Union of India and Others].

Justice Shekhar Dhawan, Justice Sudhir Mittal and Air Marshal Manvendra Singh gave the ruling on a reference to decide the controversy related to grant of financial upgradations to Personnel Below Officers Rank (PBOR).

"Financial up- gradation is to be given after 8, 16 and 24 years of service to break stagnation but if an individual gives unwillingness to undergo promotion cadre test or unwillingness for promotion or he is involved in any disciplinary proceedings or case involving inefficiency those are to be looked at separately by the competent authority and they were not entitled to financial up-gradation as per scheme of MACP," the AFT members said in the decision.

The bench at Chandigarh was constituted last year on the orders of AFT Chairperson in the case of one Chanchal Singh, who had joined the Army in 2002 and was invalidated out from the force in 2019.

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