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SATISH CHANDRA SHARMA, SANJEEV NARULA
Union of India – Appellant
Versus
R. N. Singh – Respondent
JUDGMENT
Sanjeev Narula, J.
1. This case concerns determination of the commencement date of re- appointment of the Respondent, Mr. R. N. Singh, a judicial member of the Central Administrative Tribunal ["CAT"]. Under the purview of the Administrative Tribunals Act, 1985 [hereinafter, "ATA, 1985"], the original five-year tenure of Respondent is set to conclude on 11th July, 2023 and his request for re-appointment has been accepted. However, Appellants assert that this is a fresh selection under the provisions of the Tribunal Reforms Act, 2021 [hereinafter, "TRA, 2021"] and the term of his initial appointment under the ATA, 1985, would have no effect. The judgement dated 03rd May, 2023, rejects this contention, holding that such an interpretation would curtail Respondent's original tenure and perpetrate discrimination against him, as compared to other individuals appointed under the provisions of the ATA, 1985 [referred to as "impugned judgement" hereinafter].
Factual Background
2. Mr. R. N. Singh was appointed as a judicial member of CAT on 03rd July, 2018 under the provisions of ATA, 1985 for a term of five years or until the age of 65, whichever arrives sooner, commencing from the
The main legal point established in the judgment is the interpretation of the provisions of the Administrative Tribunals Act, 1985 and the Tribunal Reforms Act, 2021, particularly regarding the conti....
The main legal point established in the judgment is the importance of adjudicatory experience and the role of the Search-cum-Selection Committee in making recommendations for the appointment of the C....
Courts will not entertain pleas for extension of tenures when members have accepted initial appointments and when such extension would interfere with ongoing selection processes.
The court affirms the entitlement of a re-induction to office based on prior rulings and mandates prompt government action on pending representations.
when a recommendation is made by the Selection Committee comprising of such high ranking officials and even constitutional functionary, there has to be a very strong and justifiable reason to decline....
Conscious decision was taken by Selection Committee not to recommend extension of tenure of Judicial Member of Central Administrative Tribunal, cannot be interfered with.
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