AFT – 31 : BENEFIT

OF MSP
FROM JAN 2006
AND NOT FROM
SEP 2008 : OFFICERS
 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
▪ 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 2006 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 / 2016
in Union of India & Ors Vs Balbir Singh Turn
& Anr Combining 25 other similar CAs ruled
 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 01.01.2006. “
“ 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. “
 Implications
➢ 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
 Implications
➢ 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.
➢ th
Basic Pay in 7 CPC is Less as It is a Result of
th
Fitment Factor Adopted by 7 CPC
➢ Pension of all Pre – 2006 Pensioners is not
affected as MSP was counted in fixation of
Pension
 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
AFT – 33 : BENEFIT
OF MACP
FROM JAN 2006
TO DEC 2017
FOR OR ONLY
▪ MACP (Modified Assured Career Progression)
Benefits Those who Could not be Given Promotion
due to Lack of Vacancies in the Armed Forces
▪ 6 CPC Recommended the Benefit be Given to OR
th

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
▪ 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
▪ Govt of India gave this Benefit only to Post – 2006
pensioners and Denied the same to Pre – 2006
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”.
Likely Arrears of ACP
from Jan 2006 to Dec
2017 for Pre – 2006
Sepoy Group - Y
 Arrears from Jan 2006 to Jun 2014
Ser No Period Pension Pension Gain If DR DR Arrears Arrears
of Sepoy of ACP is in % Amt with DR
Gp Y in Havildar Granted pm for the
Circular Gp Y in pm Period
501 Circular
501
1 Jan to Jun 2006 5,480 5,762 282 0 0 282 1,692
2 Jul to Dec 2006 5,480 5,762 282 2 6 288 1,726
3 Jan to Jun 2007 5,480 5,762 282 6 17 299 1,794
4 Jul to Dec 2007 5,480 5,762 282 9 25 307 1,844
5 Jan to Jun 2008 5,480 5,762 282 12 34 316 1,895
6 Jul to Dec 2008 5,480 5,762 282 16 45 327 1,963
7 Jan to Jun 2009 5,480 5,762 282 22 62 344 2,064
8 Jul to Dec 2009 5,480 5,762 282 27 76 358 2,149
9 Jan to Jun 2010 5,480 5,762 282 35 99 381 2,284
10 Jul to Dec 2010 5,480 5,762 282 45 127 409 2,453
11 Jan to Jun 2011 5,480 5,762 282 51 144 426 2,555
12 Jul to Dec 2011 5,480 5,762 282 58 164 446 2,673
13 Jan to Jun 2012 5,480 5,762 282 65 183 465 2,792
14 Jul to Dec 2012 5,480 5,762 282 72 203 485 2,910
13 Jan to Jun 2013 5,480 5,762 282 80 226 508 3,046
14 Jul to Dec 2013 5,480 5,762 282 90 254 536 3,215
15 Jan to Jun 2014 5,480 5,762 282 100 282 564 3,384
40,439
 Arrears from Jul 2014 to Dec 2015
Ser Period Pension Pension Gain If DR DR Arrears Arrears
No of Sepoy of Hav ACP is in % Amt with DR for the
Gp Y in Gp Y in Granted pm Period
Circular Circular pm
555 555

1 Jul to Dec 2014 6,665 7,598 933 107 998 1,931 11,588

2 Jan to Jun 2015 6,665 7,598 933 113 1,054 1,987 11,924

3 Jul to Dec 2015 6,665 7,598 933 119 1,110 2,043 12,260

Total 35,771
 Arrears from Jan 2016 to Dec 2017
Ser Period Pension Pension of Gain If DR DR Arrear Arrears
No of Sepoy Havildar ACP is in Amt s with for the
Gp Y in Gp Y in Grante % DR Period
Circular Circular d pm pm
555 555
1 Jan to Jun 2016 17,129 19,527 2,398 0 0 2,398 14,387
2 Jul to Dec 2016 17,129 19,527 2,398 2 48 2,446 14,675
3 Jan to Jun 2017 17,129 19,527 2,398 4 96 2,494 14,962
4 Jul to Dec 2017 17,129 19,527 2,398 5 120 2,518 15,106
59,130
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

MSP
▪ Military Service Pay (MSP) is in addition to the
th
Grade pay given by 6 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
▪ 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
2017 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 01.01.2006.
▪ 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
 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
Rank Period MSP DR DR Arrears pm Arrears for
in % Amount with DR the Period

Officers Jan to Jun 2006 6,000 0 0 6,000 36,000

Jul to Dec 2006 6,000 2 120 6,120 36,720

Jan to Jun 2007 6,000 6 360 6,360 38,160

Jul to Dec 2007 6,000 9 540 6,540 39,240

Jan to Jun 2008 6,000 12 720 6,720 40,320

Jul to Aug 2008 6,000 16 960 6,960 13,920

Total Arrears 204,360

 AFT – 32 : BENEFIT
OF MSP FROM
JAN 2006
AND NOT FROM
SEP 2008 : JCOs/ OR
 Rank Period MSP DR in DR Arrears Arrears for
% Amount with DR the Period
JCOs & Jan to Jun 2006 2,000 0 0 2,000 12,000
OR
Jul to Dec 2006 2,000 2 40 2,040 12,240
Jan to Jun 2007 2,000 6 120 2,120 12,720
Jul to Dec 2007 2,000 9 180 2,180 13,080
Jan to Jun 2008 2,000 12 240 2,240 13,440
Jul to Aug 2008 2,000 16 320 2,320 4,640
Total Arrears
68,120
Thank You