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Synopsis

The Supreme Court has rejected a plea alleging pay anomaly in the ranks of Artificers in the Indian Navy, saying the Chief Artificer’s rank has command over Artificers of classes I to III and since Artificers of grades III, II, and I are equivalent to Chief Petty Officers, the Chief Artificers have command over them.

A bench of Justices Abhay S Oka and Ujjal Bhuyan held that the Armed Forces Tribunal, Principal Bench in New Delhi committed no error in dismissing the petition filed by the appellant, Manish Kumar Rai in 2010.

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”.

On August 30, 2008, the Government of India accepted the 6th Central Pay Commission recommendations. Accordingly, a Gazette Notification of August 30, 2008 was issued, which was brought into force with retrospective effect from January 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 in the revised pay structure of the 6th Pay Commission. However, Artificers in classes I, II and III, whose pay scale was in the S-9 category, were granted grade pay of Rs 3400, though they were placed in pay band-2. 

As the anomaly of grade pay regarding Artificers in classes I, II and III was not resolved, the appellant filed a writ petition and subsequently a representation to the Naval Headquarters, Ministry of Defence which passed a speaking order on April 20, 2009, rejecting the representation.

The appellant approached the Tribunal which also dismissed his plea.

Before the apex court, the Union government submitted only when Artificers of grade III are promoted to the post of Chief Artificer, they can be considered to be equivalent to Chief Petty Officer (non technical). As the Artificers of ranks III to I are below the rank of the Chief Artificer, their grade pay has to be lower than that of the Chief Artificer. However, the grade pay given to Artificers of rank I to III is higher than Petty Officers' grade pay but lower than that of the Chief Artificer/Chief Petty Officer (nontechnical). 

It submitted that the same grade pay cannot be granted to Artificer III and Chief Artificer as the Chief Artificer is a promotional post for Artificers of Class III. It also stated that Artificers work under the command of the Chief Artificer. 

The court noted that the appellant placed reliance on a communication issued by the Director of Personnel in Naval Headquarters on November 16, 2000, which referred to the seniority status of Artificers vis-a-vis non Artificers and Regulation 247.

"We have, therefore, perused Regulation 247. We may note here that Regulation 247 does not deal with equivalence. Clause (1) of Regulation 247 provides that the crews of Indian Naval Ships shall rank and command after Naval Cadets according to Regulation 247," the bench pointed out.

Therefore, the court held that the Chief Artificer’s rank has command over Artificers of classes I to III. Even assuming that Artificers of grades III, II, and I are equivalent to Chief Petty Officers, the Chief Artificers have command over them.

Referring to Navy Order, which deals with the seniority of Artificers vis-a-vis non-Artificers, the court said that Artificers of Class III and above are Chief Petty Officers and will rank and command with Chief Petty Officers of the other branches depending upon their seniority as Chief Petty Officers. 

"Thus, this rank has been given only for the purposes of seniority vis-a-vis non-Artificers. Hence, for the purposes of seniority, Chief Artificers and Artificers of rank III to I may be equivalent to Chief Petty Officer. But, the Chief Artificer has command over Artificers of III, II and I grade. Moreover, the Chief Artificer is the promotional post for Artificers of Class III," the bench said.

The court also noted that the Artificers of Grade IV are equivalent to Petty Officers. Only the Chief Artificer is entitled to promotion to the post of Master Chief Artificer. Artificers of grades I, II and III are not entitled to seek promotion to the post of Master Chief Artificer. 

The court further pointed out the Artificers of class III are entitled to be promoted to the posts of Chief Artificers. Therefore, for the purposes of the pay band, the Chief Artificers in ‘X Group’ and Chief Petty Officer in ‘Y Group’ are treated as equivalent. 

"We may note here that the promotional avenue available to Chief Artificer is of Master Chief Artificer-II. The Chief Petty Officer has a promotional avenue to the post of Master Chief (PO) – II. Master Chief Artificer -II and Master Chief (PO) -II have been given the same grade pay of Rs 4600. For the purposes of grade pay, Artificers of grades I, II and III are placed between Artificers of grade IV and Chief Artificer. Though for the purposes of seniority, Artificers in grades III may be Chief Petty officers, they cannot seek promotion directly to the post of Master Chief Artificers," the bench said.

They can seek promotion to the post of Chief Artificer. Therefore, the grade pay of the Artificer III to I category is between the grade pay of Artificer IV and the grade pay of Chief Artificer. The grade pay of Artificer IV is Rs 2800 and the grade pay of Artificers III to I is Rs 3400. The grade pay of Chief Artificer is Rs 4200, the court noted.

"Therefore, there is neither any illegality nor arbitrariness in giving grade pay to Artificers III to I which is more than the grade pay of Artificer IV but less than the grade pay of Chief Artificers. The Speaking Order of April 20, 2009 refers to the fact that under Regulation 247, the 'Chief' rating is given only to Chief Artificer and not to Artificers of grades III to I. It also notes that Artificers of grades III to I cannot be directly promoted to the post of Master Chief Artificer," the bench said, dismissing the civil appeal.

Case Title: Manish Kumar Rai Vs Union of India & Ors