The Armed Forces Tribunal (AFT) recently ruled that defence personnel who refuse to undergo promotion cadre tests are not entitled to periodic financial upgrades under the Modified Assured Career Progression Scheme (MACP)【Chanchal Singh v. Union of India and Others】.
Tribunal’s Ruling
A bench comprising Justice Shekhar Dhawan, Justice Sudhir Mittal, and Air Marshal Manvendra Singh made this decision in a case involving Chanchal Singh, who joined the Army in 2002 and was invalidated out in 2019. Despite receiving the first MACP upgrade after eight years, Singh was denied the second upgrade after 16 years due to his refusal to take the Promotion Cadre Course. The tribunal stated that MACP upgrades after 8, 16, and 24 years are contingent on willingness to take promotion tests and absence of disciplinary issues.
Legal Arguments
Singh’s counsel argued against imposing additional conditions for MACP benefits, while the Centre maintained that refusal to take promotion tests disqualifies personnel from financial upgrades. The AFT upheld the Centre’s stance, citing that MACP aims to alleviate career stagnation but is subject to conditions set by the Cadre Controlling Authority.
Conclusion
The AFT concluded that refusal to undergo promotion tests or involvement in disciplinary proceedings disqualifies personnel from MACP benefits, aligning with the Supreme Court’s observations in a similar case. Thus, the tribunal ruled against Singh, affirming that unwillingness to take promotion tests negates entitlement to financial upgrades.
