Amit Kumar Jha vs Union Of India And Others

The applicant, who had exercised option for revising his pay on the basis of the Sixth Pay Commission has filed this application praying for a

direction to the respondents to re-fix his basic pay, which has been denied on the ground that the applicant had not exercised the option witInin the due

date which, according to the respondents. was 31.03.2011.

The learned counsel appearing for the applicant has submitted that the option of the applicant ought not to have been rejected, in view of the fact

that the original date for exercise of the option was subsequently extended by the respondents_ The learned counsel in this regard, has referred to the

order passed by this Tribunal on 10.12.2014 in OA No 113 of 2014. etc. (Sub Chittar Singh v. Union of India and others)

The learned counsel appearing for the respondents, on the other hand, has submitted that since the applicant did not exercise the option prior to

30.06 2011, he is not entitled to claim the benefit.

It is not iri dispute that the last date for exercising option for getting the pay fixed as per the recommendation of the Sixth CPC was re-fixed as 31

03.2011 vide notification dated 3501 2011. Subsequently, the same was extended to 30.06_2011 The claim of the applicant, however, has been

rejected by the respondents on the ground that the Part II option was not made on or before 31,03 2011, despite fact that the last date for exercising

the opt= was 5ubsequently extended upto 30..06_2011 and that the applicant had exercised the option. A co-ordinate Bench of this Tribunal, in case

Sub Chittar Singh (supra), vide order dated 1012 2014, has held that persons who had exercised option till 12 12_2013 would be entitled to the benefit

of the Sixth Pay Commission s recommendations

On scrutiny of the pleadings. it is evident that the case of the applicant was represented to the respondents, post his exercising option for fixation

Despite such representation, the respondents have not granted the dues to the applicant Therefore, the O_A before this Tribunal is justified and we

have no hesitation in issuing the following directions.

(i) The respondents are directed to give the benefit to the applicant based on the option exercised by him and thereafter, compute all dues of arrears

that have become payable:

(ii) The amount recovered, if any, shall be refunded to the a pplicant:

(iii) The arrears will be paid to the applicant within four months from the date of receipt of a copy of this order, failing which the respondents shall pay

interest © 8% per annum on the entire arrears till the date of actual payment,

The 0 A is accordingly allowed.