Ex Sub Maj Joseph CV (Army) vs UOI & Others on 3 August 2026

1. 1. The Union of India, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi

2. 2. PCDA (P), Allahabad (UP) - 211014

3. 3. The OIC Records, The Records Signals PIN-908770, C/o 56 APO .... Respondents 

For Applicant : Mr. Yogendra Singh/Sunil Kumar, Advocates For Respondents : Mr. Brij-Bihari Sharma, Advocate

**CORAM :**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


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 @ Rs. 6200/- pm instead of Rs. 3600/- pm wef 01.01.2016 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 15.05.1985 in Group "Y" and after rendering more than 31 years of service, he was discharged from service on 31.08.2016 in Group "X" on completion of his terms of engagement. While in service, the Applicant passed diploma course in trade JE (Sys) which is duly approved by All India Counsel for Technical Education (AICTE) and was placed in Group "X" from the date of passing the diploma in JE (Sys) and, accordingly, was granted Group "X" Pay. On implementation of 7^th CPC, the Respondent authorities created class in class in existing Group "X" Pay and created two categories in Group "X", ie., one which is recognized by AICTE and second which is not recognized by the AICTE and, accordingly, granted higher rate of Group "X" pay @ Rs. 6200/- pm and lower rate of Group "X" Pay @ Rs. 3600/- pm respectively wef 01.01.2016, without recognizing the fact that all the personnel have passed the same diploma course and performed same duties and were also getting equal pay before 01.01.2016. The Applicant has submitted that before academic year 2002-2003, the diploma course was not recognized by the AICTE and all the personnel were granted uniform rate of Group "X" Pay. Further, even after recognition of the diploma course by the AICTE, the same is being conducted by the same institution ie., Military College of Technical Education (MCTE), wherein the number of vacancies are neither fixed nor the AICTE is conducting any entrance examination for admission in diploma course. The Applicant made representations and also issued Legal Notice through his Counsel for grant of higher rate of Group "X" Pay @ Rs. 6200/- pm wef 01.01.2016 and consequential pension and pensionary benefits, but to no avail. Therefore, the aggrieved Applicant has filed the OA.

3. The Respondents have filed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant was initially enrolled in the Army in Group "X" and further re-mustered as JE Sys (Yeoman of Signals) in Group "X" on 23.04.1997 on completion of Yeoman Signals Course. AICTE has accorded approval to various institutions under the Army to conduct diploma program in Engineering/Technology wef the academic year 2002-2003 vide their letter dt 13.03.2003. As per 6^th CPC, the JE (Sys) qualified personnel were granted Group "X" Pay @ Rs. 1400/- pm and on implementation of 7^th CPC wef 01.01.2016, Group "X" Pay has been divided into two segments, ie., a higher rate of Rs. 6200/- pm for Group "X" trades which requires a qualification equivalent to a diploma recognized by AICTE and a lower rate of Rs. 3600/- pm for other Group "X" trades, but not having a technical qualification recognized by AICTE vide Para 5 (3) (ii) of Notification of Ministry of Defence, Army Pay Rules, 2017. As per Para 5(3) of (iii) & (iv) of Gazette of India dt 03.05.2017, "when a JCO/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 for Group "X" Pay as sub Clause (ii). A case was also taken up with MoD for obtaining sanction of the Competent Financial Authority for grant of higher rate of Group "X" Pay to all the personnel who have acquired the same training/technical expertise prior to academic year 2002-2003 and performing the same task, however, the same was turned down by THQ of MoD (Army) vide letter dt 25.10.2021 on the grounds that no provision existed to provide a diploma course certificate in retrospect to the JCOs/OR who have qualified re-mustering course prior to academic year 2002-2003 and no provisions for grant of diploma by AICTE were in existence. In view of the aforesaid facts, the Respondents have reiterated that higher rate of Group "X" is admissible for those personnel only who have passed AICTE recognized diploma courses from academic year 2002-2003 onwards. The OA is devoid of merit and deserve 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/- for those Group "X" trades which require a qualification equivalent to a diploma which is recognized by AICTE and a lower rate of Rs. 3600/- for those in Group "X" trades whose technical qualification is not recognized by AICTE. In the present case, though the JE (Sys) diploma course passed by the Applicant is recognized by the AICTE, but he passed the same course before academic year 2002-2003 and, hence, he has not been issued with Diploma Certificate by AICTE as the scheme for recognition of diploma by various Army Institutions came into being wef Academic Session 2002-03 and, hence, in the absence of Diploma certificate duly recognized by AICTE, he has not been granted higher rate of Group "X" Pay wef 01.01.2016. The case processed with IHQ of MoD (Army) for grant of uniform higher rate of Group "X" Pay to all the personnel passed the JE (Sys) Diploma Course from MCTE, prior to academic year 2002-2003 was turned down by IHQ of MoD (Army) on 25.10.2021.

6. The Integrated Headquarters of Ministry of Defence (Army) vide their letter dt 25.10.2021 have already decided that since those who acquired higher qualification prior to the Academic Year 2002-03 and their diploma was not recognized by AICTE, as AICTE approval was wef academic session 2002-03, no retrospective implementation of the 7^th CPC recommendations regarding higher pay to those whose diploma was recognized/approved by AICTE was consequent to approval accorded by AICTE, the diplomas are being issued duly recognized by AICTE. It has not been made clear that by the Applicant herein that he had acquired higher education prior to 2002-03 or afterwards after the approval of AICTE was received in the year 2003. However, the Respondents have stated that he had done this course during 1997 and thus he was ineligible for grant of higher pay as his diploma was not recognized by AICTE. If the Applicant had acquired the qualification prior to 2002-03, obviously, he is not eligible for higher Group 'X' wef 01.01.2016.

7. Since the Applicant is not eligible for higher rate of Group 'X' pay wef 01.01.2016 in view of the policy, his plea for higher Group 'X' pay is rejected. However, if so desired, the Applicant may send a representation to the Competent Authority to reconsider his case. The Competent Authority is directed that on receipt of such a representation, the same must be disposed off within six months of its receipt. The Applicant may be informed accordingly.

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

9. No order on costs.


SDT XXX

SDT XXX

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-