NEW DELHI, May 6:
The Supreme Court today took serious note of the fact that six circuit benches of the Central Administrative Tribunal (CAT) have become virtually non-functional due to the retirement of judicial and administrative members saying, “with one member you cannot even constitute a bench”.
A bench of Justices DY Chandrachud and Surya Kant agreed to hear a plea filed by the Central Administrative Tribunal (Principal Bench) Bar Association and issued notice to the Centre.
“We are issuing notice on this issue. Six benches of CAT including at Jabalpur, Cuttack, Lucknow, Jammu and Srinagar are left with only one member. With one member, you cannot even constitute a bench also”, Justice Chandrachud said.
Justice Surya Kant asked senior advocate Abhaya K Behera, appearing for the Bar Association, to furnish the details of members whose term is likely to expire in the near future.
The bench said it would take up the matter on May 13 and asked the counsel for the bar association to serve the copy of the petition to the central agency.
The plea filed through advocate Amita Singh Kalkal stated that 35 judicial members including the chairman of the CAT and 35 administrative members cater to the 19 benches and eight circuit benches and due to the retirement of members and non-filling of vacancies so created, many of the benches of these Tribunals have become non-functional.
“The aforesaid judicial and administrative members cater to the 19 benches and 8 circuit benches. However, the last advertisement for the appointment of judicial and administrative members was issued in the year 2018 for the vacancies of the calendar year 2018. The vacancies of the calendar year 2019, 2020, 2021, and the current year 2022, have not yet been issued”, the plea said.
It said that even though appointments are not taking place yet both judicial and administrative members are retiring at regular intervals.
“Because of the same, a situation has arisen where many benches of the Tribunal have become non-functional. At present there are only 16 judicial members and 14 administrative members in position as of March 31, 2022”, the plea said.
It pointed out that as of March 31, 2022, the Guwahati bench has become totally non-functional as no members are available there.
“Besides the Jabalpur bench, Cuttack bench, Lucknow bench, Jammu and Srinagar bench are left with only one member either judicial or administrative because of which no division bench can be constituted there”, the plea said.
It added that if the said situation continues for a couple of more months, more than of the sanctioned benches of Central Administrative Tribunals will become non-functional and gave the details of 13 members who are due for retirement till November 2022.
The plea sought directions to the Centre to forthwith fill up the existing vacancies of the judicial as well as administrative members of the CAT.(PTI)
In an interlocutory application filed along with the plea, the Bar Association also sought a stay of the impending retirement of all the existing judicial/administrative members who are due for retirement starting from April 1, 2022, and December 31, 2022, till all the vacancies which arose from 2019 onwards till now are filled up by actual joining of the selected candidates. (PTI)
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