UNION OF INDIA Vs. V.K.VASU

JUDGEMENT

(1.) The Union of India is before us challenging the order of the Tribunal. The issue was as to whether the applicant before the Tribunal; an ex-service man, who was discharged on medical grounds on his own request, would be entitled to count the Combatant-service for the purpose of ACP/MACP. The Tribunal relied on a judgment of the Principal Bench in O.A.No.1445 of 2010 as also certain orders quoted in the judgment of the Karnataka High Court in T.P.Thomas v. Union of India [1977 (1) Kar LJ 325].

(2.) The learned ASG submits that the Tribunal erred insofar as ACP/MACP are benefits which can be allowed only if there is service after joining the civil employment. No prior service even in the Armed Forces can be reckoned for the purpose of granting ACP/MACP in civil employment, is the argument.

(3.) Admittedly, the applicant was discharged on 1.4.1984; after service of ten years and two months, on medical grounds, but on own request and he was not entitled to pension. He was serving as Combatant Storekeeper in the Indian Army. He was re-employed on 11.8.1987 as a Casual Assistant Storekeeper at Headquarters, Southern Naval Command in Navy. On 16.12.1992, his service was regularised and posted at NAD, Aluva. He was not drawing any pension for the service rendered in the Armed Forces. We also have to notice pertinently that he was carrying on duties of a Storekeeper in the Armed Forces, which was continued in civil employment too.