MANISH KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals take exception to the judgment and order dtd. 27/10/2010 of the Armed Forces Tribunal, Principal Bench at New Delhi on a writ petition filed by the appellant before the Bombay High Court, which was transferred to the Armed Forces Tribunal (for short, 'the Tribunal').

(2.) The appellant was working in the post of Artificer III in the Indian Navy. The sailors employed in the Indian Navy are divided into two categories: (a) non-technical and (b) technical. Both categories have different branches. One of the technical branches is of Artificers. Artificers are of various types such as Aircraft Artificers, Electrical Artificers etc. The appellant contended that the Artificers are highly skilled technical personnel. The sailors in the Artificer branch are graded according to their level of technical competence, experience, and responsibilities. The ranks of sailors in the Artificer branch start from Artificer V, Artificer IV, Artificer III, Artificer II, Artificer I, Chief Artificer, Master Chief Artificer IInd Class and Master Chief Artificer Ist Class. Artificer cadre is categorised as "X group" sailors. On the other hand, non Artificers from the non-technical branch are categorised in "Y group" and "Z group".

(3.) On 30/8/2008, the Government of India accepted the 6th Central Pay Commission recommendations. Accordingly, a Gazette Notification of 30/8/2008 was issued, which was brought into force with retrospective effect from 1/1/2006. According to the appellant's case, all personnel from the armed forces with a pay scale of S-9 category were placed in pay band-2 with grade pay of Rs.4200.00in the revised pay structure of the 6th Pay Commission.