Supreme Court Rules on Tribunal Appointments and Retirement Age
The case of Kudrat Sandhu vs. Union of India & Anr. focused on the tenure, retirement age, and appointment process of tribunal members across various judicial bodies in India. The Supreme Court, through this landmark decision, provided clarity on the tenure of chairpersons and members of several tribunals and directed the Union government to streamline vacancies.
Background of the Case
Multiple writ petitions were filed challenging the inconsistencies in the tenure and appointment process of tribunal members, leading to uncertainty regarding their service conditions. The petitioners, who were either serving or aspiring tribunal members, sought uniformity in appointment procedures, retirement ages, and service tenures.
The Supreme Court consolidated the cases, including:
- Writ Petition (Civil) No. 279/2017
- Writ Petition (Civil) No. 558/2017
- Writ Petition (Civil) No. 561/2017
- Writ Petition (Civil) No. 640/2017
- Writ Petition (Civil) No. 1016/2017
- Writ Petition (Civil) No. 925/2017
- Transferred Case (Civil) No. 49/2018
Key Directives of the Supreme Court
General Tribunal Tenure and Age Limit
The Court clarified the tenure for tribunal members, stating:
“The tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was fixed/determined under the old Acts and Rules.”
Income Tax Appellate Tribunal (ITAT)
Addressing confusion over the retirement age of ITAT members, the Court ruled:
“A person selected as a Member of the ITAT will continue till the age of 62 years, and the person holding the post of President shall continue till the age of 65 years.”
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT)
For CESTAT, the Supreme Court clarified:
“A person selected as a Member of the CESTAT will continue until the age of 62 years, while a person holding the post of President shall continue until the age of 65 years.”
Armed Forces Tribunal (AFT)
The Supreme Court ruled:
“Members of the Armed Forces Tribunal shall hold office until the attainment of the age of 65 years. Chairpersons who have been former Judges of the Supreme Court shall hold office until the attainment of the age of 70 years.”
Central Administrative Tribunal (CAT)
Regarding CAT, the Court specified:
“The old rules/provisions shall continue to apply.”
Union Government’s Role
The Supreme Court directed the Union government to file a status report within two weeks detailing:
- The number of vacancies in each tribunal
- The stage of the selection process for filling these vacancies
Legal Significance
This ruling streamlines the functioning of tribunals in India by ensuring uniformity in tenure, age limits, and appointment criteria. It also prevents unnecessary litigation concerning service conditions and retirement benefits.
Conclusion
The Supreme Court’s directive provides much-needed clarity for tribunal members across various judicial bodies. By reinforcing consistency in appointment procedures and service conditions, the judgment enhances transparency in the administration of tribunals in India.
Petitioner Name: Kudrat Sandhu.Respondent Name: Union of India & Anr..Judgment By: Justice Dipak Misra, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud.Place Of Incident: India.Judgment Date: 21-08-2018.
Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!
Download Judgment: Kudrat Sandhu vs Union of India & Anr Supreme Court of India Judgment Dated 21-08-2018.pdf
Direct Downlaod Judgment: Direct downlaod this Judgment
See all petitions in Public Sector Employees
See all petitions in Recruitment Policies
See all petitions in Judgment by Dipak Misra
See all petitions in Judgment by A M Khanwilkar
See all petitions in Judgment by Dhananjaya Y Chandrachud
See all petitions in allowed
See all petitions in settled
See all petitions in supreme court of India judgments August 2018
See all petitions in 2018 judgments
See all posts in Service Matters Category
See all allowed petitions in Service Matters Category
See all Dismissed petitions in Service Matters Category
See all partially allowed petitions in Service Matters Category
