Section 10 of the Armed Forces Tribunal Act, 2007: Salaries, Allowances and Service Conditions
Section 10 of the Armed Forces Tribunal Act, 2007 deals with the salary, allowances and other terms and conditions of service of the Chairperson and other Members of the Armed Forces Tribunal. For appointments governed by the post-2021 regime, these matters must be read with Section 9A of the AFT Act, Section 7 of the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021.
Current-law note: The original Section 10 authorises prescription of salary, allowances, pension, gratuity and retirement benefits by the Central Government and protects appointees against disadvantageous variation after appointment. The current rules prescribe fixed monthly salaries and detailed provisions for allowances, accommodation, pension, gratuity, leave and other service conditions.
What does Section 10 of the AFT Act, 2007 provide?
Main rule: The salaries and allowances payable to the Chairperson and other Members, and their other terms and conditions of service, including pension, gratuity and other retirement benefits, shall be such as may be prescribed by the Central Government.
Protection against adverse variation: Neither salary and allowances nor other terms and conditions of service may be varied to the disadvantage of the Chairperson or Member after appointment.
Current salary under the 2021 Rules
Rule 10 of the Tribunal (Conditions of Service) Rules, 2021 prescribes the current salary structure for tribunal Chairpersons and Members covered by the Rules.
| Office | Current monthly salary | Important condition |
|---|---|---|
| Chairperson | Rs. 2,50,000 fixed per month | If the appointee is receiving pension, salary is reduced by the gross amount of pension drawn. |
| Member | Rs. 2,25,000 per month | If the appointee is receiving pension, salary is reduced by the gross amount of pension drawn. |
Allowances and accommodation
Rule 11 provides that the Chairperson and Members are entitled to allowances and benefits admissible to a Government of India Group 'A' officer carrying the same pay. The Rules also provide an option regarding Government accommodation or reimbursement of house rent, subject to prescribed limits and conditions.
- Chairperson: house-rent reimbursement may be available up to Rs. 1,50,000 per month, subject to the Rules.
- Member: house-rent reimbursement may be available up to Rs. 1,25,000 per month, subject to the Rules.
- Rule 12 provides for staff-car facilities for official and private journeys in accordance with the applicable Staff Car Rules.
Pension, provident fund and gratuity
Rule 13 regulates pension, provident fund and gratuity. In the case of a serving Supreme Court or High Court Judge, or a member of an organised service, tribunal service counts for pension in accordance with the rules of the service to which the person belongs. Other cases are governed by the applicable contributory provident fund or contributory pension framework.
The 2021 Rules also state that additional pension and gratuity are not admissible merely for service rendered in the Tribunal.
Leave and leave encashment
Rule 14 provides for earned leave, casual leave and leave encashment. The Chairperson or Member is entitled to 30 days of earned leave for every year of service and up to eight days of casual leave in a calendar year, subject to the applicable Rules.
Other service conditions
Rule 16 provides that, where the 2021 Rules do not expressly deal with a particular service condition, the applicable condition is generally the one admissible to a Government of India Group 'A' officer carrying the same pay.
Protection under Section 7 of the Tribunals Reforms Act, 2021
Section 7 of the Tribunals Reforms Act, 2021 authorises the Central Government to make rules for salary and provides for allowances and benefits linked to equivalent Group 'A' pay. It also preserves the important safeguard that the salary, allowances and other service conditions of a Chairperson or Member cannot be varied to the person's disadvantage after appointment.
Meaning and legal effect of Section 10
Section 10 is intended to secure statutory certainty and independence in the financial and service conditions of AFT office-holders. The original provision establishes the rule-making power and non-disadvantage safeguard; the current 2021 framework supplies the detailed salary and service-condition structure for appointments governed by that regime.
For present-day research, Section 10 should be read together with Section 8 - Term of office, Section 9 - Resignation and removal, and Section 11 - Restrictions after ceasing to hold office, along with Section 9A and the Tribunals Reforms Act, 2021.
Key points
- Section 10 is titled "Salaries, allowances and other terms and conditions of service of Chairperson and other Members".
- The original section authorises the Central Government to prescribe salary, allowances, pension, gratuity and retirement benefits.
- The current 2021 Rules prescribe Rs. 2,50,000 fixed monthly salary for the Chairperson and Rs. 2,25,000 monthly salary for a Member.
- Allowances generally correspond to those admissible to a Government of India Group 'A' officer carrying the same pay.
- The Rules contain separate provisions for accommodation, staff car, pension, provident fund, gratuity and leave.
- Service conditions cannot be varied to the disadvantage of the appointee after appointment.
Official legal resources
- India Code - Armed Forces Tribunal Act, 2007 (PDF)
- India Code - Tribunals Reforms Act, 2021 (PDF)
- Department of Revenue - Tribunal (Conditions of Service) Rules, 2021 (PDF)
Law reviewed and article updated: 7 September 2026.