Ram Prasad Ahirwar vs Union Of India And Others

The only question that falls for our consideration is, whether the applicant is entitled to fix his pay and allowances in the revised pay structure as per

the recommendations of the en Pay Commission.

The applicant was promoted to the rank of Naib Subedar by exercising his option on 22.06.2007. The respondents had accepted the

recommendations of the6i1CPC by issuing Special Army Instruction (SAT) with effect from 01.01.2006. The applicant chose to come to the revised

scale of pay applicable to Naib Subedar by exercising his option. The respondents acted upon his option and granted all the monetary benefits on that

basis. Subsequently, the respondents discontinued the payment of the benefits to the applicant. Being aggrieved, the instant 0.A has been filed.

The issue involved is covered by the order of this Tribunal in Sub Chittar Singh V. Union of India and others (0.A No. 113 of 2014 and connected

cases decided on 10.12.2014), in which the question involved was considered and directions were given for granting monetary benefits to similarly

situated persons like the applicant.

In view of the above, we make it clear that the option exercised by the applicant on 05.12.2011 was in order and hence based on that option, he is

entitled to all the monetary benefits in the revised scale of pay from the date of his promotion as Naib Subedar viz. 22.06.2007.

Resultantly, the 0.A is allowed and the respondents are directed to fix the pay of the applicant in the revised scale of pay with effect from

22.06.2007 in the rank of Naib Subedar on the basis of the option exercised by him on 05.12.2011 and all consequential monetary benefits due to him

shall be paid within three months from the date of receipt of a copy of this order. It is also made clear that the applicant is entitled to interest @ 9%

per annum for the arrears and the amount recovered from him till they are paid to him. No order as to costs.