CAT - ['Kolkata']
Employment and Labour LawAdministrative and Public Law

Competent authority must decide pay-fixation representations through a reasoned order after verifying individual entitlement.

Partha Sarathi Sarkar vs INCOME TAX DEPARTMENT

CAT - ['Kolkata']JUDGMENT: August 12, 20263 MIN READSOURCE JUDGMENT
Competent authority must decide pay-fixation representations through a reasoned order after verifying individual entitlement.. Partha Sarathi Sarkar  vs INCOME TAX DEPARTMENT. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants, serving or retired Group-B employees of the Income Tax Department, approached the Central Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking refixation of pay in the scale of Rs. 5,000–8,000 after completion of 12 years of service, without treating their promotion as Upper Division Clerks as disentitling them from the benefit, together with consequential upward placement under the MACP Scheme.

Source reference: para. 1

The applicants had submitted a representation dated 8 February 2023 before the Principal Chief Commissioner of Income Tax, requesting consideration of their claims in light of the aforesaid decisions.

Source reference: para. 3

Their application for joint prosecution under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 was allowed.

Source reference: para. 2

The respondents did not object to consideration of the applicants’ claims, subject to verification of their individual entitlements.

Source reference: para. 4
02

Issues

1. Whether the applicants’ pending representations seeking pay refixation, upward placement under the MACP Scheme, and consequential benefits were required to be considered in light of the Kerala High Court judgment, its affirmation by the Supreme Court, and the Tribunal’s order dated 12 February 2026

Source reference: paras. 3–6

2. Whether the Tribunal should itself adjudicate the applicants’ entitlement on merits or direct the competent departmental authority to examine the claims after individual verification

Source reference: paras. 4, 6–7
03

Law Applied

The Tribunal applied Section 19 of the Administrative Tribunals Act, 1985, which confers jurisdiction on the Tribunal to adjudicate service-related grievances.

Source reference: para. 1

It applied Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987, permitting joint prosecution where the applicants have a common cause of action or substantially similar grievances.

Source reference: para. 2

The Tribunal directed consideration of the claims in accordance with the principles and benefits recognized in the Kerala High Court’s order dated 19 March 2014 in W.P.(C) No. 9486 of 2009, affirmed by the Supreme Court, and the Tribunal’s order dated 12 February 2026 in O.A. No. 200/2026, while preserving verification of each applicant’s individual entitlement.

Source reference: paras. 3–6
04

Reasoning

Since the applicants had already submitted representations raising claims substantially covered by the cited judicial decisions, and the respondents had no objection to their consideration subject to verification, the Tribunal considered it appropriate to adopt a supervisory rather than an adjudicatory approach.

Source reference: paras. 3–4

It therefore directed Respondent No. 3, or another competent authority, to treat the Original Application as part of the applicants’ representations and determine their claims in light of the governing judgments and order.

Source reference: para. 6

The authority was required to verify each applicant’s service particulars and entitlement before granting any benefit.

Source reference: no citation

The Tribunal expressly refrained from deciding the merits and kept all issues open.

Source reference: para. 7
05

Holding

The Original Application was disposed of without costs.

Respondent No. 3 or another competent authority was directed to consider the applicants’ pending representations, read with the Original Application, in light of the Kerala High Court’s order dated 19 March 2014, the Supreme Court’s affirmation thereof, and the Tribunal’s order dated 12 February 2026 in O.A. No. 200/2026.

Source reference: para. 6

A reasoned and speaking order was to be communicated to the applicants within 120 days from receipt of a certified copy of the Tribunal’s order.

Source reference: para. 8

If, after individual verification, any applicant was found entitled to the claimed benefits, those benefits were to be extended within the same period.

Source reference: paras. 6, 8
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Kolkata']

Original Court PDF

Partha Sarathi SarkarvsINCOME TAX DEPARTMENT

CAT - ['Kolkata'] · August 12, 2026

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