Ex Sigmn Anoop Singh (Army) vs UOI & Others on 21 August 2026

O R D E R

21.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grant Group ‘X’ Pay to him wef 01.09.2014 and consequential pension and pensionary benefits and that the arrears be paid along with interest @ 18% per annum.

2. Brief facts of the case as enunciated by the Applicant is that the Applicant was initially enrolled in the Army on 01.03.2004 in Group “Y” and after rendering 16 years and one month of service, he was discharged from service on 31.03.2020. While in service, the Applicant passed Operator Communication Centre (OCC) Class-I Diploma Course in Information and Communication

Technology conducted at 6 Technical Training Regiment from 05.05.2014 to 30.08.2014 which is duly approved by All India Counsel for Technical Education (AICTE). On implementation of 7th CPC, a case was taken with IHQ of MoD (Army) for conversion of some trades of Signals, having diploma approved by AICTE, to Group “X” with rate of Rs. 6200/- pm, however, the same has not yet been decided by the Competent Authority. The Applicant submits that since the Applicant has passed OCC Class-I Diploma Course which is recognized by the AICTE, he is eligible for grant of Group ‘X’ Pay @ Rs. 6200/- pm. The Applicant made representations as also issued Legal Notice for grant of Group ‘X’ Pay, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that the OCC Class-I Diploma Course passed by the Applicant is recognized by AICTE. On implementation of 7th CPC wef 01.01.2016, Group ‘X’ Pay has been revised vide Para 5(3) (ii) of Notification of Ministry of Defence, Army Pay Rules 2017 dated 03.05.2017 with two segments, viz., (i) a higher rate of Rs. 6200/- pm for Group ‘X’ trades which requires a qualification equivalent to a diploma recognized by AICTE and (ii) a lower rate of Rs. 3600/- pm for other Group ‘X’ trades, but not having a technical qualification recognized by AICTE. Further, as per Para 5(3)

(iii) & (iv) of above Notification dt 03.05.2017, “when a Junior Commissioned Officer (JCO)/ Other Ranks (OR) in relevant Group ‘X’ trades drawing a lower rate of Group ‘X’ Pay acquires a higher technical qualification equivalent of a diploma recognized by AICTE, he shall be admissible to higher rate of Group ‘X’ Pay with the approval of concerned Competent Authority and when a JCO/OR is re-mustered from Group ‘Y’ to Group ‘X’, he shall be admissible to Group ‘X’ Pay as sub clause (ii)”.In the present case, OCC Class-I Diploma passed by the Applicant is not equivalent to Information and Communication Technology under AICTE and is not an approved Diploma program in Engineering/Technology as per their letter No AICTE/UG/G-41 dt 13.03.2003. Therefore, the Applicant does not fall under the policy issued vide IHQ of MoD (Army) letter No A/20038/Appx ‘J’/MP 8 (I of R)

(ADP) dt 18.07.2018 and Gazette Notification of Ministry of Defence, Army Pay Rules 2017 dt 03.05.2017. The JE (NE), OSS and JE (Sys) trades are entitled for Group ‘X’ Pay as per occurrence of AICTGP published Part II Orders. Since the OCC Class-I Diploma Course does not fall under the category entitled for Group ‘X’ Pay in terms of AICTE letter dt 13.03.3003, Part II Order for grant of higher rate of Group ‘X’ Pay @ Rs. 6200/- pm to the Applicant has not been published. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard counsel for the parties and perused the material placed before us.

5. Perusal of AICTE letter of approval dated 13.03.2003 reveals that the AICTE has accorded approval to various institutions under the Army to conduct Diploma Programmes in Engineering/Technology wef academic year 2002-2003 and each Diploma Course has been allotted a maximum permissible annual intake. Ministry of Defence Notification dated 03.05.2017 also provides that the pay levels for same ranks in trade Group “X” and trade Group “Y” shall be the same. However, Group “X” Pay shall be admissible at a higher rate of Rs. 6200/- to those Group “X” trades which have a qualification equivalent to a diploma recognized by AICTE and a lower rate of Rs. 3600/- for those in Group “X” trades whose technical qualification is not recognized by AICTE. Perusal of Noting Sheet dt 26.08.2019 reflects that AG’s Branch (MP-3), IHQ of MoD (Army) has submitted the matter to TRIPAS for taking up the matter with higher authorities for inclusion of some Diploma Courses in higher rate of Group ‘X’ Pay. In the present case, the OCC Class-I diploma course passed by the Applicant is not recognized by the AICTE as per their letter No AICTE/UG/G-41 dt 13.03.2003 and, hence, he has not been converted to Group ‘X’ and, therefore, in the absence of Diploma certificate duly recognized by AICTE, he has not been granted Group “X” Pay.

6. Since the OCC Diploma Course obtained by the Applicant is not an approved qualification vide AICTE letter dt 13.03.2003, the Applicant is not eligible for Group ‘X’ pay and, hence, his plea for Group ‘X’ pay is rejected. However, taking into consideration that the matter has been taken up with higher authorities and the same has not yet been decided, we deem it appropriate to direct that if desired, the Applicant may send a representation to the Competent Authority to reconsider his case for grant of Group ‘X’ Pay wef 01.09.2014. The Competent Authority is also directed that on receipt of such a representation, the same must be disposed off within six months of its receipt and the Applicant may be informed accordingly.

7. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-