I Was Promoted Between 2006 and 2008. Was My Pay Fixed Correctly?
By Adv. Ramniwas Bansal, Advocate · 15+ years experience
Key Takeaway
Personnel promoted during the 6th CPC transition period, between 1 January 2006 and October 2008, whose pay was fixed on the less beneficial option because they did not exercise their option in time, are entitled to have it re-fixed on the most beneficial option. The Delhi High Court upheld this position in May 2025.
Why This Happens
The 6th CPC was implemented through instructions issued in October 2008, with effect from 1 January 2006. Personnel promoted in between had to choose whether their pay would be fixed from 1 January 2006 or from the date of promotion. Many did not know about the option or exercised it late, and the less beneficial option was applied by default. That error then carries into their 7th CPC pay and, later, their pension.
How the Tribunal Decides
The Armed Forces Tribunal has consistently held that the pay authorities themselves were required to give personnel the more beneficial of the two options, whether or not an option was exercised. In Sub M.L. Shrivastava v. Union of India (2021), it directed re-fixation for Junior Commissioned Officers and Other Ranks. The Union of India challenged that decision, and in May 2025 the Delhi High Court dismissed the challenge, agreeing that the instruction was beneficial in nature and had to be interpreted in the soldiers' favour. In October 2024, the Principal Bench applied this to an Air Force Sergeant promoted to Leading Aircraftman in October 2006, directing that his 6th CPC pay be re-fixed on the most beneficial option, his 7th CPC pay and later promotions be re-fixed accordingly, and arrears be paid within three months.
What This Means for Your Pay and Pension
If you were promoted between January 2006 and October 2008 and your pay is lower than that of juniors, you may have a claim. Because the error continues into your later pay and pension, correcting it can make a significant difference over time.
Adv. Ramniwas Bansal is a advocate with 15+ years experience practising before the Armed Forces Tribunal, Principal Bench, New Delhi and Delhi High Court. For a consultation on your case, call +91 9810430799 or request a consultation.