Gazetted Status & Pay Parity, Army/Air Force/Navy Officers, JCOs, Diploma Holder Trades, and Clerical Cadre Grade Pay: Current Issues and Hearing Updates 🚩

The issues of pay parity and Gazetted Rank status for Indian Armed Forces personnel, particularly Army/Air Force/Navy Officers, JCOs, Diploma Holder Trades, and the Clerical Cadre, remain unresolved and have significant implications for the morale and dignity of our servicemen. This blog dives into today’s AFT Kolkata hearing, the critical issues raised, and their far-reaching impact on the rank and file of the Armed Forces.

Today’s Hearing on Pay Parity : Key Updates

📍 Court: Armed Forces Tribunal (AFT), Kolkata
📅 Date: 25 January 2025

During today’s hearing, the Respondents once again sought additional time to submit their responses. While granting them time, the Hon’ble AFT made notable remarks:

• The case is simple and straightforward.
• The Government has already clarified in Parliament that the status of Armed Forces personnel is at par with their civilian counterparts.
• The Junior Commissioned Officer (JCO) rank holds Gazetted status, which cannot be overlooked for JCO Gazetted Pay.
• Therefore, this is a clear matter of equal pay for equal work.

This observation strengthens the case for justice and highlights the need for swift resolution.

Key Issues Highlighted: Clerical Cadre, JCOs, and Diploma Holder Trades

1. Clerical Cadre: The Need for Grade Pay Parity ✍️

The Clerical Cadre (Clerks) in the Indian Army currently face significant disparities in grade pay compared to their counterparts in the Central Police Organisations (CPOs). Here are the details:

• In the CPOs, the Clerical Cadre starts with a Grade Pay of ₹2400 (now Pay Level-4).
• In contrast, Army Clerks are still stuck at ₹2000 Grade Pay (Pay Level-3).
• Why this matters:
• Upgrading the entry Grade Pay to ₹2400 will not only bring parity but will also have a cascading effect on MACP benefits (Modified Assured Career Progression) and future promotions.
• Clerical staff in the Army are critical for administrative efficiency, yet their pay structure does not reflect their contribution.

2. Diploma Holder Trades: Engineers Must Be Paid Like Engineers 🛠️

• Diploma Holder Trades, particularly those holding the AICTE-approved Engineering Diploma, such as those in the Corps of Signals (JE NE Trade), are not being paid on par with their counterparts in:
• Indian Army & Navy (Artificer)
• Indian Air Force (Technical Trades)
• Civil Engineering Cadres in other government departments.
• These personnel currently receive a Grade Pay of ₹2800, whereas they are entitled to ₹4200 (Pay Level-6), as an engineer must not be paid like a mechanic.
• This disparity undermines the skill, training, and qualifications of these personnel.

3. Army/Air Force/Navy Officers and JCOs: The Case for Gazetted Pay and Respect for Rank 🫡

• Junior Commissioned Officers (JCOs):
• The JCO rank, historically referred to as Viceroy Commissioned Officers (VCO) during the British era, was later renamed as Junior Commissioned Officers (JCO).
• The status of JCOs is derived from Article 18 of the Indian Constitution, and they hold Gazetted Rank, similar to their civilian counterparts in Grade Pay ₹4200 and above.
• Despite being classified as Gazetted Officers, their pay and privileges do not align with this status.
• In the Territorial Army Act, Section 5, JCOs are explicitly given the same status as Officers, further cementing their rightful claim for parity.
• Army/Air Force/Navy Officers:
• The abolition of the 2nd Lieutenant rank and subsequent changes in rank structure have caused disparities in pay for Army Officers.
• The case aims to resolve all pay anomalies for Officers in the Army, Navy, and Air Force, ensuring their contributions are appropriately recognized.
• Historically, ranks like Havildar Major Technician (HMT) and others had clearly defined pay structures, which are now blurred due to administrative delays and misinterpretations.

Legal Support: What the Supreme Court Says

The doctrine of “Equal Pay for Equal Work” has been a cornerstone in legal judgments. The Supreme Court of India, in State of Haryana vs Charanjit Singh [(2006) 9 SCC 321], held:

• Those claiming equal pay must demonstrate that they perform work of equal value under similar conditions.
• Courts must ensure that necessary averments and proofs are presented before directing pay parity.
• The ruling emphasized that if equality in work and conditions is established, courts can direct equal pay from the date of filing of the writ petition.

This principle directly supports the demands of the Clerical Cadre, JCOs, and Diploma Holder Trades, as their work and responsibilities clearly align with their civilian counterparts.

A Look at Today’s Pleadings

• A total of 42 cases were listed for hearing in today’s session.
• Thousands of pages of evidence, including statutory orders, government notifications, and case precedents, have been compiled and submitted.
• The next hearing has been scheduled for 28 February 2025, where further arguments will be presented.

Why This Case Matters for the Armed Forces

This case is not just about pay and rank parity; it represents the larger issue of respect, recognition, and justice for the Armed Forces. Here’s why it is critical:

1. Clerical Cadre Upgradation:

• Recognizing the administrative backbone of the Army ensures efficiency and morale.

1. Technical Trades Parity:

• Engineers and skilled trades must be treated on par with their counterparts across services and organizations.

1. Gazetted Pay for JCOs and Officers:

• This ensures historical, legal, and constitutional recognition of their ranks.

1. Setting a Precedent:

• Resolving these issues will set a precedent for addressing other anomalies in the Armed Forces’ pay structure.

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💬 What’s your take on this issue?

• Do you believe the Clerical Cadre and Diploma Holder Trades deserve parity?
• Should JCOs and Army Officers receive the respect and pay their ranks command?

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