Facts
The applicant, the wife and legal representative of a retired Superintendent of Central Tax, challenged the order dated 17 October 2024 refusing to step up her late husband’s pay to that of his junior.
Source reference: para. 1She also challenged the Department of Revenue’s order dated 10 April 2023 directing that the Karnataka High Court’s judgment in C.R. Madhava Murthy v. Union of India be treated as a judgment in personam.
Source reference: para. 1She sought pay parity with the junior, together with consequential and pensionary benefits.
Source reference: para. 1The Tribunal noted that the issue had already been considered in R.S. Venkataram v. Union of India, OA No. 69/2023 and connected matters, decided on 20 December 2024.
Source reference: para. 2Issues
Whether the applicant was entitled to have her late husband’s pay stepped up to that of his junior, with consequential benefits.
Source reference: para. 1Whether the impugned orders should be set aside in light of the Tribunal’s decision in R.S. Venkataram and the judgments in C.R. Madhava Murthy.
Source reference: paras. 2–3, 7Law Applied
Section 19 of the Administrative Tribunals Act, 1985, provides the basis for an aggrieved person to seek relief before the Tribunal.
Source reference: para. 1The Tribunal relied on the Karnataka High Court’s decision in C.R. Madhava Murthy v. Union of India, W.P. Nos. 33038–33039/2016, which was affirmed by the Supreme Court in Civil Appeal Nos. 2087–2088 of 2022 and followed by dismissal of the review petitions.
Source reference: para. 3It also applied its own decision in R.S. Venkataram, which had directed pay stepping-up in comparable cases, while making that relief subject to the pending SLPs identified in that decision.
Source reference: paras. 3, 6The Tribunal treated consistency in judicial decisions as a reason to follow that ruling in the present case.
Source reference: para. 7Reasoning
The Tribunal considered the applicant’s claim to be materially covered by its decision in R.S. Venkataram, which had examined the effect of the C.R. Madhava Murthy judgments on pay-parity claims under the ACP/MACP schemes.
Source reference: paras. 2–6Finding no reason to take a different view, it applied the same approach to the applicant’s case on grounds of uniformity and consistency.
Source reference: para. 7Holding
The Tribunal disposed of the OA in terms of its order in R.S. Venkataram and connected matters, thereby granting the applicant relief consistent with that decision.
No order was made as to costs.
Source reference: para. 8Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
S SAMPATH KUMAR REPTD BY RATHNA R N AS LRSvsREVENUE
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![Senior employees are entitled to pay stepping-up vis-à-vis juniors under the established ACP/MACP parity precedent.. S SAMPATH KUMAR REPTD BY RATHNA R N AS LRS vs REVENUE. CAT - ['Bangalore']. LawLens](/stories/thumbnails/senior-employees-are-entitled-to-pay-stepping-up-vis-a-vis-juniors-under-the-established-a-0f86f19c51d843ef8de880f6a920b539.webp)