Ex Sub Rohitashwa (Army) vs UOI & Others on 29 April 2026

**ORDER**

**29.04.2026**

1. 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. 2. Brief facts of the case as enunciated by the Applicant is that the Applicant was initially enrolled in the Army on 01.05.1986 in Group "Y" and after rendering 30 years of service, he was discharged from service on 30.04.2016 in Group "X" on completion of his terms of engagement in the rank of Sub. While in service, the Applicant passed diploma course in Automobile/Mechanical Engineering held during the period 25.10.1999 to 04.11.2000 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 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, 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 a detailed 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 "Y" and further remustered in Group "X" on 14.11.2000 (with antedate seniority 05.11.2000) on passing of the Diploma Course. Later, AICTE 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 (Annexure R/2). As per 6^th CPC, on passing the requisite diploma course, 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, 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 IHQ of MoD (Army) vide letter dt 25.10.2021 on the grounds that no provision existed to provide AICTE recognition to a diploma course certificate in retrospect to the JCOs/OR who have qualified re-mustering course prior to academic year 2002-2003 as no provision for grant of diploma by AICTE were then 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. In the present case, the Applicant passed the diploma course in year 2000, i.e., before the date the diploma courses were recognized by AICTE. 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. 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 i.e., diploma is duly 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 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 7^th 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, obviously, he is not eligible for higher 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 disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-

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