Tribunal will collapse: Supreme Court on vacant posts | Latest News India - Hindustan Times
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Tribunal will collapse: Supreme Court on vacant posts

ByAbraham Thomas, New Delhi
May 14, 2022 06:27 AM IST

The Supreme Court on Friday expressed concern over vacant judicial and administrative posts in Central Administrative Tribunal (CAT) benches spread across the country saying a “collapse” was imminent if the issue was not addressed.

The Supreme Court on Friday expressed concern over vacant judicial and administrative posts in Central Administrative Tribunal (CAT) benches spread across the country saying a “collapse” was imminent if the issue was not addressed.

The Supreme Court was hearing an urgent plea by the CAT Bar Association seeking a stay on retirements of existing members to ensure functioning of the benches. (PTI)
The Supreme Court was hearing an urgent plea by the CAT Bar Association seeking a stay on retirements of existing members to ensure functioning of the benches. (PTI)

The court was hearing an urgent plea by the CAT Bar Association seeking a stay on retirements of existing members to ensure functioning of the benches. In the affidavit, the association pointed out that 40 of the 69 posts across CAT benches in the country were vacant.

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A bench of justices Dhananjaya Y Chandrachud and Surya Kant shared the concern expressed by the petitioner. It said, “If the remaining 29 members retire, this tribunal will collapse. In fact, it has collapsed.”

“These tribunals have taken over the job of high courts. Ordinarily, if a member in the government services would go to the high court for redressal of their service disputes, they now have to approach the tribunal. If nobody is there to take up cases, what about their access to justice right?” the bench said.

Additional solicitor general (ASG) Balbir Singh, appearing for the Central government, informed the court that the Centre is conscious of the need to keep the tribunals working.

“By July end, 34 vacancies will be filled up. We have received 6,000 applications for these vacancies and we have approached the concerned committee of the Supreme Court for making recommendations,” ASG Singh said.

As per the chart prepared by Centre, between now and November, 8 vacancies would be created across CAT benches.

Counting on the assurance, the Court directed that persons retiring from these tribunals till the next date of hearing will be allowed to continue as an interim arrangement.

During the hearing, the CAT Bar Association, represented by senior advocate Abhaya Kumar Behera along with advocate Amita Singh Kalkal, pointed out that the situation was much worse than the Centre’s projection.

Behera said that six tribunal benches had virtually become non-operational as there was no member in benches situated at Guwahati, Jabalpur, Cuttack and Lucknow and only one member each in Jammu and Srinagar.

The petitioner also disputed the figure given by Centre suggesting that only 27 judicial and administrative members are presently working. Due to vacancies and retirement of members, there is virtually no work done in these tribunals whereas existing members are strained with a huge case load, Behara said.

ASG Singh told the Court that to ensure benches remained functional, the Centre has provided for virtual or hybrid mode of hearing by members from other benches. This was being followed in the benches singled out by the petitioner, Singh said.

To which, the bench said: “We will direct that parties approaching the tribunal should go before the high courts under Article 226 if this situation continues.”

Singh assured the Court that such a direction will not be necessary as the process of filling up remaining vacancies will be taken up soon after appointments to 34 posts are completed.

Passing a short order, the bench said, “Since vacancies would impinge upon the citizen’s right access of justice, the exercise of power under Article 142 is mandated. Pending further orders, the incumbents holding posts as judicial and administrative members shall continue to function even after completion of their terms, subject to their consent and availability.”

This arrangement, the Court clarified, was in view of the Centre’s submission that 34 posts will be filled up by July.

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