CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH OA No.297 of 2018 th Dated this the 13 day of February, 2026 Reserved On :18.12.2025 Pronounced On :13.02.2026 CORAM : Hon’ble Mr. Jayesh Bhairavia, Member (J)

Hon’ble Dr. Hukum Singh Meena, Member (A)

Mrs. Leena, Wife of Shri Kaleshkumar, Age:46 years, Working as TGT – Maths, In the school of the respondents, Residing at:1151/1 Lavanya, Sector-4, Gandhinagar – 382 030. …..Applicant (By Advocate: Mr.M.S.Trivedi)VERSUS

1. Union of India through The Commissioner, O/o. Jt. Commissioner (Finance) Kendriya Vidhyalaya Sangathan, KQR New Delhi-110 001.

2. The Deputy Commissioner, O/o. Dy. Commissioner, Kendriya Vidyhyalaya Sangathan (RR) Sector - 30, Gandhinagar - 382 030.

3. The Audit & Accounts Officer, O/o. Audit & Accounts, KVS Ahmedabad Region Gyandeep, Sector - 30, Gandhinagar - 382 030.

4. The Principal, KVS Ahmedabad Region Gyandeep, Sector - 30, Gandhinagar - 382 030. …..Respondents (By Advocate: Shashikant Gade)

O R D E R Per : Hon’ble Dr. Hukum Singh Meena, Member (A)

Being aggrieved by vide order No.120230/12-12/2016-

17/KVS/AHMD/A/CS/ dated 09.02.2018 regarding removal of anomaly in the pay of the applicant and not accepting the option of the applicant for pay fixation w.e.f. 01.07.2007, the applicant has filed this OA seeking following relief:-

“(A) That the Hon'ble Tribunal be pleased to allow this petition.

(B) That the Hon'ble Tribunal further be pleased to hold/declare that the impugned ex-facie, illegal, arbitrary and unconstitutional action, decision, Communication No. 120230/12- 12/2016- -2 17/KVS/AHMD/A/CS/12234 dated 9.2.2018 issued by the respondents regarding removal of anomaly in pay of the applicant and not accepting the option of the applicant for pay fixation w.e.f. 1.7.2007 in the post of TDT, as illegal, arbitrary, unjust, unconstitutional and nullity in the eyes of law.

(C) That, the Hon'ble Tribunal further be pleased to quash and set aside the impugned ex-facie, illegal, arbitrary and unconstitutional action, decision, Communication No. 120230/ 12- 12/2016-17/KVS/AHMD/A/CS/12234 dated 9.2.2018 issued by the respondents regarding removal of anomaly in pay of the applicant and not accepting the option of the applicant for pay fixation w.e.f. 1.7.2007 in the post of TDT.

(D) That, the Hon'ble Tribunal further be pleased to direct the respondents to entertain, accept applicant's option without further delay and the consequential benefits are require to be given with arrears and 12% interest thereon, by way of allowing the petition of the applicant.

(E) Such other and further relief/s as may be deemed just and proper in view of the facts and circumstances of the case may be granted.”

2. Brief facts of the case of the applicant are as under:-

2.1 The applicant joined as Primary Teacher (hereinafter referred to as ‘PRT’) in the Scale of 9300-34800+GP Rs.4200 and subsequently promoted and joined as Trained Graduate Teacher (hereinafter referred to as ‘TGT’) in the pay scale of Rs.9300-34800+GP Rs.4600 on 30.04.2007. Subsequently, he requested the respondent to allow her to exercise option with reference to fixation of her pay w.e.f. 01.07.2007 i.e., the date of her increment instead of 30.04.2007 which was beneficial to her. The application of the applicant was forwarded by the Principal, KVS Gandhinagar to Accounts Officer with a positive recommendation requesting to accept the revised option exercised by the applicant herein. However, the respondent No.3 had rejected the request of the applicant to exercise the option for the fixation of pay w.e.f. 01.07.2007 on the ground that the applicant had exercised option beyond the time limit fixed for exercising the option.

2.2 It is relevant to mention that the Ministry of Finance Department of Expenditure OM No.7/14/2010E/III/A dated 05.07.2010 had given the flexibility to the Government employees to exercise their option for fixation of the pay. In pursuance to the aforesaid direction of the Ministry of Finance, the applicant had