JUDGMENT :

ASHUTOSH KUMAR, J.

1. Heard Mr. Parijat Saurav, learned advocate for the petitioner, Mr. Satyabir Bharti for the High Court and Mr. Bindhyachal Rai for the Accountant General. The State is represented by Mr. Suman Kumar Jha.

2. The petitioner is aggrieved by the order contained in letter no. 5816 dated 03.05.2019 whereby his representation for pay protection has not been accepted only for the reason of delay.

3. The petitioner claims that his pay is required to be stepped-up in consonance with with principle of equal pay and pay protection to an employee who cannot be paid less than his juniors.

4. It appears that the petitioner was granted promotion to the post of Additional District and Sessions Judge with effect from 14.11.2003. At that time, he had not exercised his option under FR 22(I)(A)(i), which Rule is being extracted herein below:-

“Availability of option for choosing date for fixation of pay on promotion should be indicated in the promotion order-in terms of the orders contained in Dept. of Per. & A.R., O.M. No. F. 13/26/82-Estt. (P-1), dated 82-1983 and saving clause of FR 22 (1) (a) (1). in all cases, except in cases of appointment on deputation to an ex-cadre po