Interpretation of "And" in Service Rules Mandates Two Increments Beyond Appointment to Higher Substantive Rank

The petitioner served as an Airman for over 22 years before being granted a "Branch Commission" in the rank of Flying Officer on 17/12/1988

Under Air Force Instruction (AFI) 2/91 and AFI 48/75, Airmen with over 8 years of service were to be commissioned as Flying Officers with "2 years ante-date seniority for the purpose of pay"

Upon commissioning, the petitioner’s pay was fixed at the basic scale of Rs. 2,500/- without the addition of two increments (Rs. 100/- each), which he claimed should have resulted in a starting pay of Rs. 2,700/-

This discrepancy allegedly persisted through the 5th CPC and affected his terminal benefits

The Armed Forces Tribunal (AFT) rejected his original application (dated 22.03.2022) and review petition (dated 31.05.2022), accepting the Respondents' argument that the rank of Flying Officer was itself inclusive of the increments

The petitioner challenged these orders via the present writ petition

1. Whether, under a literal interpretation of AFI 48/75, the grant of the rank of Flying Officer was inclusive of the two years' ante-date pay increments or whether such increments were to be granted in addition to the pay scale of the rank.

The Court applied the principle of literal construction of statutes, holding that where language is clear and unambiguous, it must be given effect in its true letter and spirit

AFI 48/75 as amended, which stipulates that Airmen with 8 years of service "will... be commissioned in the rank of Flying Officer and granted 2 years ante-date for the purpose of pay only"

The Court relied on the linguistic definition of the conjunction "and" to imply addition or sequential benefit

The Court scrutinized the Respondents' contention that since normal Airmen are commissioned as Pilot Officers, commissioning the petitioner directly as a Flying Officer already accounted for the increments

The Court rejected this "harmonious reading," favoring a literal interpretation of the word "and" in AFI 48/75

The Court reasoned that "and" unequivocally functions as a conjunction signifying "also" or "plus"

the phrase "commissioned in the rank of Flying Officer and granted 2 years ante-date" indicates two distinct benefits: (i) the higher rank of Flying Officer, and (ii) two additional increments on top of that rank’s base pay

The Court held that the legislative intent was to grant these two increments over and above the appointment, and to deny them would contradict the plain text of the Instruction

The Court held that the petitioner was entitled to have his pay fixed at Rs. 2,700/- (Rs. 2,500 + two increments of Rs. 100) upon commissioning

The Respondents were directed to recalculate the petitioner’s salary and pensionary benefits accordingly and pay all arrears within six months