Equal MSP for All Ranks : Delhi High Court Case Update 10 Feb 2023

Military Service pay is awarded to the Military personnel only to regards their versatile nature of service and to compensate sacrifice for the nation. We all know that the duties of military personnel and officers are not a 9 to 5 office hours rather they are on duty for 24 hours even though they don’t have any right to avail leave and as a privilege matter leave to the military personnel is granted.

You may be posted in peace or field, In a city or in a jungle, in a mountain peak or on board ship. As and when orders come, you are bound to move at any where it may be at air, land or in the deep see. So, the military service can’t be equalized with the civil job where they are bound to have their duty only during the duty hours and with a specific daily routine.  So, the MSP has been introduced for the Indian Armed Forces personnel to keep an edge over their counterpart in the civil side.

Now the question is that the rate of MSP granted to Commissioned officers and  JCOs/OR  should be equal or not ? Voice of Ex-serviceman Society has filed a court case to equalize the MSP for all ranks of the Indian Army, Navy and Air Force.  To know about the case we should know about the existing system in this regard. Back in the year 2006, the rate of MSP for officers was Rs. 6000/- whereasthe JCOs/OR were granted MSP for Rs 2000/- p.m only and later on after introduction of seventh central pay commission the rate has been revised as for Commissioned offrs Rs 15,500/- p.m whereas the JCOS/OR are granted only Rs 5,200/- p.m. 

Most of the JCOs OR are posted in the field location and with hundred percent hardship and risk of life s always at their. Performing duties with the harsh condition of living in the hard terrain and enemy prone areas are always bring the risk. Lives of hundreds and thousands of JCOs/OR are sacrificed for the nation every year. Mothers are loosing their son, children loosing their father for the brave reason.

So, it may be assumed that the risk and hardship for the military duties performed by the JCOs/OR are not any way less than the risk and hardship of military duties performed by the Commissioned officers. If the risk and hardship is equal or more than the Commissioned officers, then the Military Service Pay should also be equal for all rank of the Indian Armed Forces. Provision of equal rights enshrined in the Article 14 of the Constitution of India should be followed here.

The logic and expression above has been convinced to the court to consider equal MSP for all ranks of the Force. The Voice of Ex-servicemen Society  has lodged a case in the Delhi Court in this matter few years ago and the hearing conducted in recent days are quite positive for the JCOs/OR. The court has declared the date of next Hearing in this month and it has also been instructed that if any rejoinder are there, may be filed before the next date. It may be expected that it would be the Final Hearing and justice for equal MSP will be pronounced by the Hon’ble High Court of Delhi. Good news may release very soon.

On 10th Feb 2023, the case was ws listed for hearing at Court No 248. The pleading and argument was in progress during the hearing session. It is a fact that the MSP for officers nd JCOs/OR has been decided based on the report of 6th and 7th Pay Commission. Now, question is that considering Article 226 of Constitution of India, is it possible to cconuct a judicial review of the report of the Pay Commission or not. The matter may be finalised on the next hearing. The Next Hearing for the case has been fixed on 22 Mar 2023.


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