(1.) It is the case of the petitioner that he remained posted at Jaisalmer Border in Rajasthan from 29.08.2006 to 26.03.2010. Thereafter, he was posted to Kupwara Border in the State of Jammu & Kashmir and continued to be remain there till 26.06.2011. The petitioner was last posted at Hisar Cantt. and retired from there on attaining the age of superannuation on 30.09.2011. The case of the petitioner is that he received salary less than his juniors. This appears evident from the order dated 18.04.2011 in which his pay has been shown as Rs. 16,530/- while his juniors namely Dharam Pal, Rajbir Singh and Shikanu Ram were placed in higher pay of Rs. 17170/-. To remove this anomaly, the petitioner made a representation (Annexures P2 and P3). The claim of the petitioner has not been considered neither has his representation been decided. Notice of motion in this case was issued by this Court on 26.08.2011. It would not be in the interest of justice, if a simple direction is issued to the respondents to consider and decide the representation and that too, at this belated stage.
(2.) I have heard learned counsel for both the sides on merits. In defence of the writ petition, the stand of the respondents is found in para No. 6 of the written statement, which reads as under :
(3.) Mr. Chopra learned counsel appearing for the respondents relies on Rules 5 and 6 of the Central Civil Services (Revised Pay)Rules, 1997 to submit that the petitioner did not exercise his option within the period prescribed i.e. 3 months from the date when the existing pay was revised.