Individuals refusing promotion tests, facing any disciplinary proceedings not entitled to assured career progression: AFT

Vijay Mohan

Chandigarh, May 31

The Armed Forces Tribunal (AFT) has held that if an individual is unwilling to undergo promotion cadre test or is involved in any disciplinary proceedings or shown professional inefficiency, he is not entitled to financial upgradation or benefits under the Modified Assured Career Progression (MACP) scheme.

“Financial upgradation 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 that 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 Tribunal ruled.

In its order of May 30, the Tribunal’s larger Bench comprising Justice Shekher Dhawan, Justice Sudhir Mittal and Air Marshal Manvendra Singh also said that cases involving ‘red ink entries’ and disciplinary proceedings are also to be looked into separately as per law and relevant rules.

Several personnel below officer rank (PBOR) had moved the Tribunal, seeking benefits under the MACP and a controversy had risen whether the benefits were to be given to break stagnation or any other conditions like unwillingness to go for promotion, inefficiency or disciplinary proceedings.

The matter was referred to the Chairperson of the Armed Forces Tribunal, with a request to constitute a Larger Bench to decide this controversy as there were previous judgements in favour of either side on this point.

“While granting financial up-gradations under the MACP scheme, apart from the length of service, conditions such as refusal to undergo promotion cadre, inefficiency and disciplinary criteria resulting in denial of regular promotion, are also relevant,” Justice Mittal remarked.

It was made clear by the Ministry of Personnel, Public Grievances and Pensions that the Cadre Controlling Authority was to lay down guidelines and criteria for grant of financial up-gradation as per MACP scheme, which was introduced with effect from September 2008, the Bench observed.

Further, it was clarified by the ministry that passing of cadre test was an essential part for promotion and if any individual refused to undergo cadre test for promotion or unwillingness for promotion, he would not be entitled to the scheme because MACP was for individuals who are victims of long stagnation in service and they were held entitled to financial up-gradation after a lapse of 8. 16 and 24 years of service.

Similarly, disciplinary proceedings were essential to be looked into while passing orders for grant of promotions as per the policy of the government and nor was inefficiency in the department to be tolerated, the Bench observed.