A.K.YOG, J. - (1.) JUDGMENT and order dated 20 -2 -2002/Annexure -13 to the writ petition, passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (called 'the Tribunal'), rejecting Original Application No. 9 of 1997, R.B. Verma v. Union of India & 2 Ors., is subject -matter of challenge by means of the present writ petition No. 30733 of 2002 under Article 226, Constitution of India.
(2.) WE may give, at the outset, brief fact matrix of the case, for appreciating 'issue' raised by the petitioner before the Tribunal as well as this Court in the present petition. Petitioner was initially recruited on 5 -7 -1963 as Upper Division Clerk; thereafter promoted time to time; at relevant time he was working as Assistant Accounts Officer in the office of Superintendent, Local Audit, Central Vehicle Depo, Panagarh (called SLA, CVD Panagarh); he served in that capacity at Panagarh from 1 -1 -1988 to 1 -3 -1990; he attained age of superannuation and retired from active service w.e.f. 30 -6 -1997. While the petitioner serving at Panagarh, Office of Controller of Defence Accounts, Patna issued Part I, Order No. 230 dated 2 -12 -1988/Annexure -14 to the writ petition requiring option from the concerned before 31 -12 -1988 for availing certain benefits in pay -scale and it was sent to all the concerned officers for information to the employees to avail themselves of the opportunity to take benefit of such extension. Relevant extract of said order (Annexure 14 to W.P.) is reproduced for ready reference - Office of the Controller of Defence Accounts Patna -19. Part I Order No. 230 dated 2 -12 -1988. Subject: Central Civil Services (Revised pay) Rules, 1973. Fixation of pay of a Govt. servant who opts for the revised scale of pay from a date subsequent to 1 -1 -73 but not later than 31 -12 -1979. Reference this office Pt. I.0.0 No. 207 dated 1 -5 -84. With reference to Govt. of India, Ministry of Finance (Deptt. of Expdr) O.M. No. 7 (66) E.III/83 dated 13 -3 -1984 circulated under Pt. 1.0.0. quoted under reference a telegram bearing No. 5492 dated 30 -11 -88 received from C.G.D.A. New Delhi on the above subject is reproduced as on Annexure 'A' to this Pt. I. Office order for information of all concerned. (2) The last date for exercising option was 31 -5 -84 which has now been extended upto 31 -12 -88 as a very special case. The effected individual who could not exercise their option in time and whose request for condonation of delay in exercising option has been rejected by CGDA or whose cases are under reference to C.G.D.A. may also be asked to exercise their option before 31 -12 -88 without fail. (3) No extension beyond this date will be allowed for whatsoever reasons. (4) The contents of the appended telegram as Annexure may please be brought to the notice of all concerned including those who are on leave and got it noted by them. Sd/ -R.K. Tewary Asstt. C.D.A.(ANO) No. AH/III/PFC/0167 -RPR -1973 C/o The CDA Patna -19 Dated 2 -12 -1988. DISTRIBUTION (1) All Section in Main Office. (2) All Sub Offices including Boarder Roads. (3) Library (4) Subject file As per standard list of CDA(ANO) (5) Notice Board. (6) Spared copies. Sd/ - Accounts Officer (AN/III)
(3.) IT has come on record that said letter was issued on the basis of telegram No. 5492 dated 30 -11 -1988 received from the office of the Controller General, Defence Accounts, New Delhi. By means of said order No. 230 dated 2 -12 -1988 all concerned in the Main Office and Sub -Offices under Controller of Defence Accounts, Patna were informed that all affected individuals who could not exercise their option in time in past and whose request for condonation of delay in exercising option was rejected by CGDA or whose cases are under reference to CGDA, may be asked to exercise their option on or before 31 -12 -1988 without fail.;