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2025 Supreme(Online)(CAT) 12773

CENTRAL ADMINISTRATIVE TRIBUNAL
Suchitto Kumar Das, ACJ, Diwakar Singh, J
Amalendu Adak – Appellant
Versus
Union of India through the Secretary to the Govt. of India, Ministry of Finance, Department of Revenue – Respondent
OA 350/1521/2024 | OA 350/1522/2024 | OA 350/1523/2024 | OA 350/1524/2024 | OA 350/1525/2024 | OA 350/1530/2024 | OA 350/1531/2024 | OA 350/1532/2024 | OA 350/1533/2024



Advocates:
For the Appellants/Petitioners: Mr. S.K. Datta
For the Respondents: Ms. E. Banerjee

Service jurisprudence mandates that similarly situated employees must be treated equally, especially concerning salary parity.

Headnote:This judgment pertains to multiple applications under Section 19 of the Administrative Tribunals Act, 1985, where the court analyzed the issue of salary parity among applicants and junior employees. The Tribunal, citing established service jurisprudence, found in favor of the applicants, citing previous judgments on similar grievances. The court ruled that the respondents must step up the pay of the applicants to match their juniors. The final outcome mandates that the respondents implement this decision within 90 days of receiving the order.

Table of Content
1. the nature of grievances and the nature of reliefs prayed. (Para 1 , 2 , 3)
2. arguments regarding precedence and existing rulings. (Para 4 , 5 , 6)
3. judicial assessment and interpretation of precedents. (Para 7 , 8 , 9)
4. affirmation of equality in treatment for similarly situated employees. (Para 10 , 11)
5. final ruling on pay stepping up directive. (Para 12 , 13)

ORDER

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. Due to parity in the nature of grievance and facts pleaded, O.A No. 350/1521/2024, O.A No. 350/1522/2024, O.A No. 350/1523/2024, O.A No. 350/1524/2024, O.A No. 350/1525/2024, O.A No. 350/1530/2024, O.A No. 350/1531/2024, O.A No. 350/1532/2024 and O.A No. 350/1533/2024 are being heard out analogously, upon due notice, and disposed of by this common order, with consent of all the sides.

2. The applicants in OA No. 1521/2024, OA No. 1522/2024, OA No. 1523/2024, OA No. 1524/2024, OA No. 1532/2024 and OA No. 1533/2024 have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief(s):

“a) An order directing the respondents to grant stepping up of pay to the applicant on par with his junior Sri Susanta Kumar Ghoshal w.e.f. the date from which Sri Susanta Kumar Ghoshal exceeded the pay of the applicant and further directing them to grant all consequential monetary benefits to the applicant within a period as to this Hon'ble Tribunal may seem fit and proper.

b) An order directing the respondents to produce/cause production of all relevant records.

c) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

3. The applicants in OA No. 1525/2024 and OA No. 1530/2024 have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief(s):

“a) An order directing the respondents to grant stepping up of pay to the applicant on par with his junior Sri Soumen Maji w.e.f. the date from which Sri Soumen Maji exceeded the pay of the applicant and further directing them to grant all consequential monetary benefits to the applicant within a period as to this Hon'ble Tribunal may seem fit and proper.

b) An order directing the respondents to produce/cause production of all relevant records.

c) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

4. The applicant in OA No. 1531/2024 has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a) An order directing the respondents to grant stepping up of pay to the applicant on par with his junior Smt. Aditi Chakraborty w.e.f. the date from which Smt. Aditi Chakraborty exceeded the pay of the applicant and further directing them to grant all consequential monetary benefits to the applicant within a period as to this Hon'ble Tribunal may seem fit and proper.

b) An order directing the respondents to produce/cause production of all relevant records.

c) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

5. For the sake of brevity, the facts of OA/350/1521/2024 are being delineated and discussed hereunder:

Applicant joined the Income Tax Department as a Lower Division Clerk (LDC) on 22.09.1992. One Susanta Kumar Ghoshal joined the department as an LDC on 07.09.1993. Subsequently, by virtue of departmental promotions, both of them rose to the rank of Inspector of Income Tax. The applicant was promoted further to the rank of Income Tax Officer (I.T.O). It is the applicant’s contention that Susanta Kumar Ghoshal has always been junior to him. The applicant passed the examination for Income Tax Inspectors in 2002 and was granted two advance increments. Susanta Kumar Ghoshal passed the same examination in 2007 and was granted two advance increments. Since the applicant got his advance increments during the currency of 5th CPC, his two advance increments amounted to le

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