Facts
The applicant, a retired Superintendent of Central Tax, challenged the order dated 16 October 2024 issued by the Principal Chief Commissioner of Central Tax and sought stepping up of his pay at par with his junior, with consequential pensionary benefits.
Source reference: para. 1He also sought a declaration that the Department of Revenue’s order dated 10 April 2023, treating the Karnataka High Court’s judgment in C.R. Madhava Murthy v. Union of India as confined to the parties in that case, was unlawful.
Source reference: para. 1The Tribunal considered its earlier decision in R.S. Venkataram v. Union of India, OA No. 69/2023 and connected matters, which had addressed similar claims by reference to the High Court and Supreme Court decisions in C.R. Madhava Murthy.
Source reference: paras. 2–6Issues
1. Whether the applicant was entitled to have his pay stepped up at par with his junior, with consequential benefits, in light of the decisions in C.R. Madhava Murthy and R.S. Venkataram.
Source reference: paras. 2–72. Whether the impugned order dated 16 October 2024 could stand in view of the Tribunal’s determination of the same issue in R.S. Venkataram.
Source reference: paras. 1–2, 7–8Law Applied
Section 19 of the Administrative Tribunals Act, 1985, provides the basis for an application to the Tribunal for redress of a service grievance.
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, dated 31 July 2021, which was affirmed by the Supreme Court in Union of India v. C.R. Madhava Murthy, (2022) 6 SCC 183; the Supreme Court also dismissed the review petitions in that matter.
Source reference: paras. 3, 6It followed its decision in R.S. Venkataram, which directed pay stepping-up for the applicants there, while making that relief subject to the outcomes of specified pending SLPs.
Source reference: para. 6The Tribunal also relied on the principle of consistency in judicial decision-making.
Source reference: para. 7Reasoning
The Tribunal treated the applicant’s claim as materially similar to the claims decided in R.S. Venkataram.
Source reference: paras. 2–6That earlier decision had considered the effect of the High Court and Supreme Court rulings in C.R. Madhava Murthy and had granted comparable pay-stepping-up relief.
Source reference: paras. 2–6Finding no reason to take a different view, the Tribunal applied the principle of consistency and held that the applicant was entitled to similar relief.
Source reference: para. 7Holding
The Tribunal disposed of the OA in terms of its decision in R.S. Venkataram and connected matters.
It held that the applicant was entitled to similar relief; the directions in the earlier decision—including pay stepping-up and consequential benefits—were subject to the qualifications stated there, including the pending SLPs.
Source reference: paras. 6–8There was no order 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
K V SATHYANARAYANAvsREVENUE
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