Ex Sub Mangtu Ram Jat vs UOI & Others on 5 March 2026

O R D E R

05.03.2026

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 from the date of his discharge from Service and that the arrears be paid along with interest @ 12% per annum.

2. Brief facts of the case as enunciated by the Applicant is that the Applicantwasinitially enrolled in the Army on 03.07.1984 in Group “Y” and after rendering more than 28 years of service, he was discharged from service on 31.07.2012 in Group “X” on completion of his terms of engagement. While in service, the Applicant passed diploma course on06.11.1999 which is duly approved by All India Counsel for Technical Education (AICTE) andwas placed in

Group “X” from the date of passing the diploma and, accordingly,was granted Group “X” Pay.The Applicant made representations and also issued Legal Notice through his Counsel for grant of higher rate of Group “X” Pay @ Rs. 6200/- pm from the date of his discharge, however, the Respondents rejected the same on the grounds that he was discharged from Service before the date of applicability. 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 thatthe Applicant was initially enrolled in the Army in Group “Y” and further re-mustered in Group “X” on07.11.1999 onpassing of the Diploma 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 (Annexure R/2). As per 6th CPC, on passing the requisite diploma course,qualified personnel were granted Group “X” Pay @ Rs. 1400/- pm and on implementation of 7th 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 videPara 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 a diploma course certificate in retrospect to the JCOs/OR who have qualified re-mustering course prior to academic year 2002-2003 as 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. In the present case, the Applicant passed the diploma course in 1999, ie., before the date the diploma courses were recognized by AICTE and is not equivalent to a diploma recognized by the AICTE. Further, the Applicant was discharged from Service before the date of the applicability of the scheme. 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 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 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 is equivalent to a diploma duly recognized by AICTE and a lower rate of Rs. 3600/- for other Group “X” trades but not having a technical qualification recognized by AICTE. In the present case, the Applicant has passed the same 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. Further, the Applicant was discharged from Service on 31.07.2012, much before the date of applicability of the scheme, which was wef 01.01.2016. 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 (Annexure R/5) 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, obviously, he is not eligible for higher Group ‘X’ pay wef 01.01.2016. Moreover, since he was discharged prior to 01.01.2006, he has no claim for revision of pension by taking into account the revised rates of Group “X” Pay, to which he was not entitled in the first place. Hence, the OA is devoid of merit.

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/-