Ex Sub Maj & Hony Capt Sukhdev Singh (Army) vs UOI & Others on 2 December 2025

O R D E R

02.12.2025

1. By way of these Applications under Section 14 of the Armed Forces Tribunal Act 2007, the Applicants have filed these OAs, praying to direct the Respondents to grant Group ‘X’ Pay to them @ 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 Applicants are that, the Applicants were initially enrolled in the Army in Group “Y” and discharged from service in Group “X” on completion of their terms of engagements. While in service, the Applicants passed diploma course in their trade JC (Sys) which is duly approved by All India Counsel for Technical Education (AICTE) and were placed in Group “X” from the date of passing the diploma in JE (Sys) and, accordingly, were 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 Applicants have 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. Keeping in view the fact that the selection procedure, course duration, sequence of training, job profile, etc, are same, the case was also recommended by Director General Information System (DGIS) at Army Headquarters for grant of uniform rate of Group “X” Pay to all the personnel having higher qualification but the same was not acceded to. The Applicants made representations and also issued Legal Notice through their Counsels 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 Applicants have filed above OAs.

3. The Respondents have filed Reply Statement and while not disputing the basic facts presented by the Applicants, they have submitted that the Applicants were initially enrolled in the Army in Group “Y” and further re-mustered as JE Sys (Yeoman of Signals) in Group “X” 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 (Annexure R/3). As per 6th CPC, the JE (Sys) 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 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 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 were in existence by AICTE. In view of the aforesaid facts, the Respondents have reiterated that higher rate of Group “X” is only admissible for those personnel who have passed AICTE recognized diploma courses from academic year 2002- 2003 onwards only. The OAs are 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 levels for same ranks in trade Group “X” and trade Group “Y” shall be the same. Group “X” Pay shall be admissible on drawal of pay in the prescribed level, ie., at a higher rate of Rs. 6200/- for Group “X” trades which requires a qualification equivalent to a diploma 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 JE (Sys) diploma course passed by the Applicants is recognized by the AICTE, but they have passed the same course before academic year 2002-2003 and, hence, they have not been issued Diploma Certificates by the AICTE and, hence, in the absence of Diploma certificate issued by AICTE, they are not being 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 7th 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. However, it has not been made clear by the Applicants herein that they had qualified higher education prior to 2002-03 or later after the approval of AICTE was received. If they have acquired higher qualification prior to 2002-03, obviously, they are not eligible for higher Group “X” pay wef 01.01.2016.

7. Hence, taking into consideration overall facts and circumstances of the case and also the fact that the Applicants have passed the JE (Sys) Diploma Course from the same institution, ie., MCTE, we direct the Respondents to reconsider the case of the Applicants for grant of higher rate of Group “X” Pay wef 01.01.2016 to all those have passed the diploma course after 2002-03 from these institutions as the approval of AICTE was wef academic year 2002-03 and no diploma(s) can be recognized by AICTE on retrospective basis, within a period of six months from the date of receipt of a certified copy of this Order. The outcome thereof, shall be intimated to the Applicants.

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

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-