Summary of the Judgment
Case Name: Manish Kumar Rai v. Union of India & Ors.
Date: 23 October 2024
Judges: Hon’ble Justice Abhay S. Oka and Hon’ble Justice Ujjal Bhuyan
Acts and Sections: Regulation 247 of Indian Navy Part III, Pay Rules under the 6th Central Pay Commission
Cited Judgements: Union of India & Ors. v. D.G.O.F. Employees Association, Haryana State Minor Irrigation Tubewells Corporation Ltd. v. G.S. Uppal & Ors.
Introduction
The case of Manish Kumar Rai v. Union of India & Ors. revolves around the discrepancies in grade pay between the Artificers of the Indian Navy and their counterparts in the non-technical branches. The judgement delivered by Hon'ble Justice Abhay S. Oka and Hon'ble Justice Ujjal Bhuyan addresses the concerns raised by the appellant, Manish Kumar Rai, regarding the unfair grade pay allocation under the 6th Central Pay Commission.
Background
The appellant, Manish Kumar Rai, an Artificer III in the Indian Navy, filed a petition challenging the disparity in pay between Artificers and non-technical personnel of equivalent ranks. The Artificers in the Indian Navy, who belong to the technical branches, were granted lower grade pay than non-technical personnel of similar ranks. The appellant contended that this was a violation of their rights and sought equal pay for Artificers in grades III to I as their non-technical counterparts.
Artificers, who are highly skilled personnel in various technical fields such as Aircraft, Electrical, and Mechanical, are ranked from Artificer V to Master Chief Artificer. The primary grievance of the appellant stemmed from the fact that Artificers of grades III to I were granted a grade pay of Rs. 3400, while Chief Petty Officers in non-technical branches received Rs. 4200, despite their ranks being considered equivalent.
The Appellant’s Argument
The appellant argued that Artificers III, II, and I hold the relative rank of Chief Petty Officer (CPO), as stated in Navy Instructions and Regulations. He pointed out that Navy Order 2/S/96 and Regulation 247 of the Indian Navy clearly state that Artificers in these grades are equivalent to Chief Petty Officers and should, therefore, receive the same grade pay.
The appellant further contended that the pay discrepancy created a hierarchical imbalance within the Navy. He pointed out that while non-technical personnel enjoyed higher pay, Artificers, despite their technical expertise and responsibility, were underpaid, which was discriminatory.
Respondents’ Stand
The Union of India, represented by the learned Additional Solicitor General (ASG), argued that the rank of Artificer III is below that of a Chief Artificer, who commands Artificers III, II, and I. Therefore, the pay structure reflects this hierarchy, where Artificers are given a lower grade pay than Chief Artificers, who are on par with non-technical Chief Petty Officers.
The ASG also highlighted that the promotion prospects for Artificers are different from those of non-technical personnel. Artificers can be promoted to the rank of Chief Artificer, which offers a higher pay band and grade pay, while non-technical CPOs cannot directly be promoted to the equivalent rank in the technical cadre.
Key Issues Addressed
One of the critical issues the Court had to address was whether Artificers III to I were unjustly denied the grade pay given to non-technical Chief Petty Officers. The appellant relied heavily on the equivalence established by Navy Orders, which stated that Artificers III to I held ranks equivalent to Chief Petty Officers.
However, the Court noted that the rank equivalence between Artificers and non-technical personnel was specific to matters of seniority and not necessarily applicable to pay structures. Hon’ble Justice Abhay S. Oka observed:
"While equivalence in rank might exist for purposes of seniority, the grade pay of Artificers III to I, lower than that of non-technical CPOs, reflects the Navy’s structural hierarchy."
Consideration of Submissions
The appellant referred to a communication from the Naval Headquarters, dated 16th November 2000, which clearly stated that Artificers in grades III to I are equivalent to Chief Petty Officers. However, the Court pointed out that this equivalence was primarily for determining seniority in the Navy and did not automatically entitle them to equal pay.
The Court further noted that while the Artificers in grades III to I are highly skilled, their role and responsibilities differ from those of non-technical personnel, particularly in terms of command and promotion opportunities.
Judgement and Rationale
After carefully considering the submissions from both parties, the Court concluded that there was no illegality or arbitrariness in the pay structure. The Court upheld the decision of the Armed Forces Tribunal, which had earlier dismissed the appellant’s plea for higher grade pay.
The Court reasoned that the technical and non-technical branches of the Navy operate under different frameworks, and it is not uncommon for pay scales to vary across such distinctions. The rationale for the difference in pay between Artificers and non-technical CPOs was justified based on the command hierarchy and promotion pathways within the Navy. The judgement noted:
"The role of a Chief Artificer, who commands lower-ranking Artificers, justifies the difference in grade pay between Artificers III to I and Chief Petty Officers in the non-technical branches."
The Court also remarked that while the appellant’s plea for equal pay was understandable, the regulatory framework governing the Navy’s pay structure was based on objective criteria, including command responsibilities and promotion opportunities. Therefore, the appellant could not claim the same grade pay as non-technical CPOs without considering these distinctions.
Conclusion
The Manish Kumar Rai v. Union of India & Ors. judgment provides a clear legal framework for understanding the pay structure within the Indian Navy. It affirms that rank equivalence for purposes of seniority does not necessarily translate into equal pay, especially when there are distinctions in command responsibilities and promotion pathways. The judgment also sets a precedent for future cases involving pay disputes within the Armed Forces, emphasising the importance of objective criteria in determining pay scales.
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