The main legal point established in the judgment is the importance of tenure stability and judicial independence in determining the commencement date of re-appointment, emphasizing that a judge should not be penalized for seeking re-appointment with time left in the existing tenure.

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 date of assumption of his post. He joined the service on 12th July, 2018, and his term is due to end on 11th July, 2023.

3. The ATA, 1985 was superseded by the TRA, 2021 on 04th April, 2021. Post this amendment, the service conditions, including selection procedure of CAT members came to be governed by TRA, 2021 and the subsequent rules framed thereunder. On 04th April, 2022, Appellant No. 1 issued a circular soliciting applications for appointment against the sanctioned vacancies for judicial members of CAT, in terms of the TRA, 2021 and Tribunal (Conditions of Services) Rules, 2021 [hereinafter, "2021 Rules"]. Notably, both the circular and 2021 Rules entail provisions for re- appointment of members already in service.

4. With just over a year left of his existing tenure, which is to conclude on 11th July, 2023, Respondent applied for re-appointment on 22nd April, 2022, responding to the afore-mentioned vacancy circular.

5. Following the recommendation of the Search-cum-Selection Committee, Respondent's appointment was approved by the competent authority for a period of four years, or until he reaches the age of 67, whichever comes first. Per the appointment order dated 06th August, 2022, he was required to report to the Principal Bench of CAT within thirty days from the date of the order.

6. In response to the said appointment order, Respondent addressed communication dated 16th August, 2022 to the Appellants, requesting for an extension of joining date to roughly after a year, i.e., after the completion of his initial tenure under ATA, 1985. This request was however rejected vide communications dated 26th August, 2022 and 11th October, 2022. As a result, Respondent was deemed to have relinquished his first tenure as a judicial member of CAT under ATA, 1985 w.e.f. 04th September, 2022, and he assumed his second tenure the following day.

7. Against the aforesaid refusal, Respondent filed a writ petition [W.P.(C) 16933/2022] before this Court, arguing that his appointment order dated 03rd July, 2018, issued under ATA, 1985, granted him a five-year tenure from 12th July, 2018 to 11th July, 2023 and as such, his tenure could not be truncated upon re-appointment.

8. The learned Single Judge, in the impugned judgment agreed with the Respondent and ordered that his re-appointment should take effect from 11th July, 2023, the end date of his first tenure.

9. Discontented with the impugned judgment, Appellants have filed this intra-court appeal.

The Impugned Judgement

10. The learned Single Judge examined the matter in its entirety, interpreted the provisions of TRA, 2021, and concluded that since Respondent was a serving judicial member of CAT, which term was still alive, his re-appointment must be reckoned from 11th July, 2023, and not before. The