Facts
The applicant, a retired Superintendent of Central Tax, challenged the order dated 16 October 2024 refusing his claim for pay parity with his junior, Shri P. Madhusudan Babu. He sought stepping up of pay from 17 January 2004, 17 January 2008 and 17 January 2018, with consequential pensionary benefits.
Source reference: p. 2He also challenged the Department of Revenue’s order dated 10 April 2023, which directed that the Karnataka High Court’s decision in C.R. Madhava Murthy v. Union of India be treated as personam.
Source reference: p. 2The Tribunal noted that the issue had been considered in R.S. Venkataram v. Union of India, OA No. 69/2023 and connected matters, decided 20 December 2024.
Source reference: paras. 2–3, pp. 2–3Issues
Whether the applicant was entitled to have his pay stepped up to the level of his junior, with consequential benefits.
Source reference: p. 2; para. 7, p. 9Whether the impugned order refusing the applicant’s claim, and the direction to treat the Madhava Murthy judgment as personam, could stand in light of the Tribunal’s decision in R.S. Venkataram.
Source reference: p. 2; paras. 2, 7–8, pp. 2, 9Law Applied
Section 19 of the Administrative Tribunals Act, 1985, provides the basis for an aggrieved person to seek relief before the Tribunal.
Source reference: p. 2The 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 upheld by the Supreme Court in Union of India v. C.R. Madhava Murthy, (2022) 6 SCC 183; the review petitions were dismissed on 21 February 2023.
Source reference: paras. 3, 6, pp. 3, 8It also applied its own decision in R.S. Venkataram, which had granted similarly placed applicants pay stepping-up relief while making that decision subject to the pending SLPs identified therein.
Source reference: paras. 2, 6, pp. 2, 8The Tribunal invoked uniformity and consistency in judicial decisions as the basis for following that prior ruling.
Source reference: para. 7, p. 9Reasoning
The Tribunal treated the applicant’s claim as governed by its decision in R.S. Venkataram, which had considered the effect of the Madhava Murthy judgments and granted relief to the applicants before it.
Source reference: paras. 2–6, pp. 2–8Finding no reason to take a different view, the Tribunal applied the principle of uniformity and consistency and held that the applicant was entitled to similar relief.
Source reference: para. 7, p. 9The judgment does not separately analyse the applicant’s individual pay history or independently determine the validity of the challenged departmental instruction.
Source reference: no citationHolding
The Tribunal disposed of the application in terms of its order in R.S. Venkataram and connected matters, thereby granting the applicant similar relief, including pay stepping-up and consequential benefits as provided under that decision.
No order was made as to costs.
Source reference: p. 9Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
V B BALEKUNDRIvsREVENUE
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![Similarly situated employees are entitled to pay stepping-up parity with juniors under the governing precedent.. V B BALEKUNDRI vs REVENUE. CAT - ['Bangalore']. LawLens](/stories/thumbnails/similarly-situated-employees-are-entitled-to-pay-stepping-up-parity-with-juniors-under-the-0e14079e627045c7830d9529e26f2acd.webp)