Ex Sub Ravendra Kumar (ARMY) vs UOI & Others on 22 July 2026

O R D E R

22.07.2026

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 @ 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 @ 9% per annum.

2. Brief facts of the case as enunciated by the Applicant is that the Applicantwasinitially enrolled in the Army on 04.06.1982 in Group “Y” and after rendering 25 years, 11 months and 27 days of service, he was discharged from service on 31.05.2008 in Group “X” on completion of his terms of engagement in

the rank of Sub. While in service, the Applicant passed diploma course in Electronics Engineering (Computer)held during the period 13.10.1997 to 06.02.1999 at Military College of Electronics and Mechanical Engineering (MCEME), Secunderabad (AP) which is duly approved by All India Counsel for Technical Education (AICTE) and was placed in Group “X” from the date of passing the above diploma and, accordingly, was granted Group “X” Pay. On implementation of 7th 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 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 a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that the provisions for Group ‘X’ pay of Rs. 6200/- pm was introduced as per the Gazette Notification of MoD letter dt 03.05.2017 popularly known as Pay Rule 2017 in Para 5 Sub Para 3 (i) and (ii). In accordance to ibid Pay Rule, JCOs/OR already in receipt of Group ‘X’ pay for Rs. 1400/- (as per 6th CPC) are now eligible for Rs. 3600/- pm (for non-diploma holders) and Rs. 6200/- pm (for diploma holders by AICTE). As such, the Group Pay of the Applicant was revised as per 7th CPC from Rs. 1400/- to Rs. 3600/- pm vide ePPO dt 02.05.2019. In terms of IHQ of MoD (Army) letter No A/20038/Appx ‘J’/MP-8 (I of R) (ADP) dt 18.07.2018, the rates of Group ‘X’ pay @ Rs. 6200/- pm are applicable to those diploma holders by AICTE JCOs/OR who are discharged/retired/released/invalided out or died in harness on or after

01.01.2016. Based on the representations from Ex-Servicemen for processing the case for grant of Group ‘X’ pay @ Rs. 6200/- pm to pre-01.01.2016 retirees, a clarification was taken up with Standing Army Pay Commission Section Service, who clarified vide their Note No C/7027/TR/SACPS/2020 dt 17.12.2020 that Group ‘X’ pay of Rs. 6200/- and Rs. 3600/- will be counted as reckonable emoluments for pensionary benefits for those Defence Forces personnel who retired/discharged/invalided out or died in harness on or after 01.01.2016. In the present case, since the Applicant is pre-01.01.2016 retiree, he is not entitled for Group ‘X’ pay @ Rs. 6200/- pm wef 01.01.2016 as per the policy in force. Therefore, the Respondents have reiterated that Applicant is not eligible for grant of Service Pension with higher rate of Group X. The OA is devoid of merit and deserves to be dismissed.

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

5. In the present case, the Applicant passed diploma course on 06.02.1999 and is a pre-01.01.2016 reitree. 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 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 Group “X” trades where the qualification acquired by such personnel ie., diploma isduly recognized by AICTE and a lower rate of Rs. 3600/- for other Group “X” trades not having a technical qualification recognized by AICTE. In the present case, the Applicant had passed the diploma course much before the academic year 2002-2003 and the Diploma awarded to him is not recognized by AICTE and, hence, he has not been granted higher rate of Group “X” Pay. The case processed with higher authorities for

grant of uniform higher rate of Group “X” Pay to all the personnel who passed the Diploma Course from MCEME, Secunderabad, prior to academic year 2002- 2003 was turned down vide Standing Army Pay Commission Section (SACPS) vide their Service Note No C/7027/TR/DSCPS/2020 dt 17.12.2020 as there is no provision where such recognition can be approved by AICTE on ex-post-facto basis.

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 7th CPC recommendations regarding higher Group “X” pay to such diploma holders can be made applicable. Since the Applicant had acquired the qualification prior to 2002-03 and was also discharged from Service before 01.01.2016, obviously, he is not eligible for higher rate of Group ‘X’ pay wef 01.01.2016. Hence, the OA is devoid of merit and the prayer of the Applicant for grant of Group ‘X’ pay at the higher rate of Rs. 6200/- wef 01.01.2016 is rejected.

7. The OA is dismissed as it is devoid of merit. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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