Hony Capt Amar Singh vs UOI & Others on 25 November 2025

O R D E R

25.11.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying that the action of the Respondents may kindly be quashed and set aside being illegal, arbitrary, unjust and unconstitional and that he Respondents be directed for considering the Diploma done by the applicant as a qualification equivalent to a Diploma recognised by the AICTE and restore the cancellation of granting higher rate of X Pay and accordingly holding the applicant entitled for higher rate of X Pay and repay the deducted amount of Rs 193,123/- with interest @12% from the date of deduction.

2. Brief facts of the case as enunciated by the aplplicant are that the applicant was enrolled in the Army on 02/3/1989 and he was discharged from service on 31/10/2021 while holding the rank of Sub Maj (Hony Lt). On completion of nine years of service, the applicant had undergone Diploma Course in Small Arms

Engineering at the EME School, Baroda from 05/7/1999 to 26/8/2000. Based on the 7th CPC, X Group Pay was enhanced from the existing rate of Rs 1400/- to Rs 6200/- which was paid till 31/7/2021. Thereafter, after attaining the Hony rank of Lt, the ‘X’ Pay was debited on the ground that officers are not entitled for X Group Pay and accordingly, a sum of Rs 193,123/- was debited from the pay and allowances of the applicant on the pretext that those who are having a qualification equivalent to a Diploma recognised by AICTE only are eligible for higher rate of X Pay. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. Vide Reply Statement,while not disputing the basic facts,the Respondents have submitted that the applicant was promoted to HMT (Armour) on 12/9/2000 with ante date seniority wef 27/8/2000. He was granted all promotions and eventually granted Hony rank of Lieutenant on 15/8/2021. As per Army HQ letter dated 18/7/2018, higher rate of X Group Pay @Rs 6200/- is applicable to those JCOs/OR in Group X trades who are in service as on 01/1/2016 or thereafter and have a qualification equivalent to a Diploma recognised by AICTE irrespective of date of passing the said diploma qualification. Those who have diploma which is not recognised by AICTE will draw lower rate of Rs 3600/- pm as X Group Pay. The PAO (OR) EME had granted X Group Pay to the applicant at the higher rate of Rs 6200/- wef 01/1/2016, however, since the said Diploma is not recognised by the AICTE, the X Group Pay granted to the applicant was withdrawn in FSA in 10/2021 and an amount of Rs 1,93,123/- was recovered by the PAO (OR) as per existing rules.

4. We have heard the counsels for the parties and perused the material placed on record.

5. Perusal of record reveals that vide letter dated 26/8/2022, PAO (OR) EME advised the applicant to approach EME Records with regard to his grievance raised vide his RTI Application dated 12/7/2022 with regard to grant of higher rate of X Group Pay. In view of this, in case the applicant submits a fresh Representation before the Competent Authority within a period of one month from the date of receipt of a copy of this Order with his grievance, the Respondents shall consider the case of the applicant in accordance with relevant rules and policy on the subject within a period of six months from the date of receipt of such a Representation. The outcome thereof shall be intimated to the applicant accordingly.

6. The OA is disposed off accordingly. No order on costs.

7. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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