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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
R. N. Singh – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 16933 of 2022 & CM APPL.53665 of 2022
Decided On : 03-05-2023
Administrative Tribunals Act - Judicial Member - 1985, 2021 - Section 8, Section 5 - The court discussed the provisions of the Administrative Tribunals Act, 1985 and the Tribunal Reforms Act, 2021. It highlighted the changes in the term of office and age limits for members of the Central Administrative Tribunal and the conditions for re-appointment. The court emphasized the interpretation of Section 5 and the proviso, which allowed for the continuation of the initial term of appointment under the ATA 1985 for those appointed between specific dates.
Fact of the Case:
The Petitioner, a judicial member of the Central Administrative Tribunal, sought re-appointment after the enactment of the Tribunal Reforms Act, 2021. The Respondent issued an order for a four-year term, but the Petitioner argued that his initial five-year term should continue until its completion.
Finding of the Court:
The court found that the Petitioner's initial term of appointment should continue until its completion on 11th July, 2023, as per the proviso to Section 5 of the Tribunal Reforms Act, 2021. The court held that the curtailment of the Petitioner's tenure would be discriminatory and violative of Article 14 of the Constitution of India.
Issues: The main issue was the interpretation of the provisions of the Administrative Tribunals Act, 1985 and the Tribunal Reforms Act, 2021 regarding the term of office and re-appointment of members of the Central Administrative Tribunal.
Ratio Decidendi: The court's decision was based on the interpretation of Section 5 and the proviso of the Tribunal Reforms Act, 2021, which allowed for the continuation of the initial term of appointment under the ATA 1985 for those appointed between specific dates, and the protection of the Petitioner's rights under Article 14 of the Constitution of India.
Final Decision: The court allowed the petition, permitting the Petitioner's first term of appointment to continue until 11th July, 2023, and the reappointment to take effect thereafter. The orders to the contrary were set aside.
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The Petitioner - Mr. R.N. Singh was appointed as a judicial member of the Central Administrative Tribunal (hereinafter `CAT') vide appointment order dated 3rd July, 2018, which reads as under:
"1. The President is pleased to appoint Shri R.N. Singh, Advocate as Judicial Member in the Central Administrative Tribunal (CAT) in the scale of pay of Rs.2,25,000/- (fixed) for a period of 05 years from the date of assumption of the charge of the post, or till the age of 65 years, whichever is earlier.
2. The conditions of service of Shri R.N. Singh as Judicial Member in the Central Administrative Tribunal shall be governed by the provisions of the Administrative Tribunals Act, 1985 and the rules made there under, as amended from time to time.
3. On the recommendation of Chairman, CAT initial place of posting of Shri R. N. Singh shall, be CAT, Mumbai Bench. Sh. R. N. Singh is required to join the CAT, Mumbai Bench within thirty days from the date of issue of this order failing which the above appointment shall be treated as cancelled.
4. This order issues in compliance with the order of the Appointment Committee of the Cabinet vide OM No.6/13/2018-EO (SM II dated 23.06.2018."
3. As per the above appointment order, the term of the Petitioner was for a period of five years from the date of assumption of charge or till the age of 65 years, whichever is earlier.
4. The above appointment of the Petitioner was governed by the provisions of the Administrative Tribunals Act, 1985. Section 8 of the said Act, prescribes the term of office of a Member as under:
"8. Term of office.--(1) The Chairman shall hold office as such for a term of five years from the date on which he enters upon his office:
Provided that no Chairman shall hold office as such after he has attained the age of sixty-eight years.
(2) A Member shall hold office as such for a term of five years from the date on which he enters upon his office extendable by one more term of five years:
Provided that no Member shall hold office as such after he has attained the age of sixty-five years.
(3) The conditions of service of Chairman and Members shall be the same as applicable to Judges of the High Court."
5. As per the above provision, the term of office was for a period of five years from when the appointee enters upon the office. The age limit was, however, fixed as 65 years. The Petitioner is currently 62 years of age. Thus, the initial term of appointment for the Petitioner as a member of CAT, would have been between 12th July, 2018 - when he took the charge, till 11th July, 2023. The term was extendible by another term of five years.
6. While the Petitioner continued to function as a judicial member, the Tribunal Reforms Act, 2021 (`TRA,2021') was enacted in which the term of office of the chairperson and members at Tribunals was amended. In terms of Section 5 of the TRA, 2021, the term of a Member was restricted to four years or the age of 67 years, whichever is earlier. The said provision is relevant and is extracted herein below.
"5. Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force,-
(i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier;
(ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of sixty-seven years, whichever is earlier:
Provided that where a Chairperson or Member is appointed between the 26th day of May, 2017 and the notified date, and the term of his office or the age of retirement specified in the order of appointment issued by the Central Government is greater than that which is specified in this section, then, notwithstanding anything contained in this section, the term of office or age of retirement or both, as the case may be, of the Chairperson or Member shall be as specif
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