Suryakant Kumar 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 within 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)

3.Mai Charul Etat, OIC Legal Cell 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 in 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 05.01.2011 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 riot made on or before 31 03 2011. despite fact that the last date for exercising

the option was subsequently extended upto 30.06.2011. A co-ordinate Bench of this Tribunal, in case 10.12.2014, has held that persons who had

exerseid option till 12.12.2013 wourd be eritilled to the benefit of the Sixth Pay Commission's recommendations.

On scrutiny of the pleadings. it is evident that the case of the appficant 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 0 A before this Tribunal is justified and we

have no hesitation in issuing the followrig directions:

(i) The respondents are directed to give the benefrt 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 applicant.

(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 O.A. is accordingly allowed.