In a significant judgment, the Delhi High Court has affirmed that personnel of the Border Security Force (BSF) are entitled to receive benefits under the Modified Assured Career Progression (MACP) Scheme, considering their notional service extended up to 60 years of age. This decision aligns with the Supreme Court's ruling in Dev Sharma v. Indo Tibetan Border Police, which standardized the retirement age for all Central Armed Police Forces (CAPFs) personnel at 60 years.
Background
The petitioners, retired BSF personnel, challenged the force's refusal to grant them MACP benefits. The MACP Scheme provides financial upgradations after 10, 20, and 30 years of service to counter stagnation and lack of promotional avenues. Initially, these personnel were retired at the age of 57, in accordance with the prevailing regulations. However, the Supreme Court's decision in Dev Sharma mandated a uniform retirement age of 60 years for all CAPF ranks, citing that differing retirement ages based on rank violated Article 14 of the Constitution, which ensures equality before the law.
The Supreme Court's judgment allowed the additional three years to be counted for retiral benefits such as pension and gratuity. Despite this extension, the BSF denied MACP benefits to those who retired between 57 and 60 years, arguing that the scheme requires 30 years of 'regular service,' which, in their view, did not include the notional extension period.
Arguments Presented
The retired personnel contended that the notional service period up to 60 years, as recognized in the Dev Sharma case, should be considered 'regular service' for the purposes of MACP benefits. They argued that denying MACP benefits while granting other retiral benefits based on the same notional service was discriminatory and violated the principle of equality enshrined in Article 14 of the Constitution.
On the other hand, the BSF maintained that the Dev Sharma judgment did not explicitly extend to benefits under the MACP Scheme. They referred to a clarification from the BSF Finance Wing, which stated that only personnel with actual 'regular service' at the time of retirement qualified for MACP benefits. According to the BSF, the notional extension was intended solely for retiral benefits like pension and gratuity, not for service benefits such as MACP, which they argued were limited to those actively serving.
Court's Analysis and Decision
The Delhi High Court examined the implications of the Dev Sharma judgment, noting that it declared the differing retirement ages for CAPF personnel unconstitutional and extended the retirement age to 60 years for all ranks. The court emphasized that the Supreme Court's decision mandated that benefits like pension and gratuity be calculated based on the extended service period up to 60 years.
The High Court reasoned that excluding MACP benefits from the purview of the notional service extension would amount to a partial implementation of the Dev Sharma judgment. It observed that the purpose of the MACP Scheme is to provide financial upgradations to personnel who have stagnated in their careers due to limited promotional avenues. Denying these benefits, despite the notional extension of service, would undermine the scheme's objective and perpetuate the very stagnation it aims to alleviate.
Furthermore, the court highlighted that granting some benefits based on the notional extension while denying others lacks a rational basis and violates the principle of equality. It stated that once the Supreme Court extended the retirement age and allowed the notional period to count towards retiral benefits, there was no justification for excluding MACP benefits from this consideration.
Conclusion
In conclusion, the Delhi High Court held that BSF personnel are entitled to MACP benefits based on their notional service period up to 60 years. The court directed the BSF to extend the MACP benefits to the petitioners, ensuring that the Dev Sharma judgment is implemented in its entirety, thereby upholding the principles of equality and non-discrimination.
This judgment has significant implications for all CAPF personnel, reinforcing their entitlement to comprehensive benefits in line with the uniform retirement age. It ensures that the objectives of schemes like MACP are fully realized, providing financial progression and recognition to personnel who have dedicated long years of service to the nation.
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