Kudrat Sandhu v. Union of India and Anr.

DR. D. Y. CHANDRACHUD, J. 1. By an order dated 20 March 2018, we had clarified the previous order dated 9 February 2018. Clause (iii) of the clarifications is relevant and reads as follows: “(iii) The tenure of the Chairperson and the Judici al/ 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;” On 16 July 2018, this Court issued the following directions in regard to the age of the superannuation of Member of the Income Tax Appellate Tribunal: “At this juncture, we may note that there is some confusion with regard to the Income Tax Appellate Tribunal (ITAT) as regards the age of superannuation. We make it clear that the pers on selected as 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.” CESTAT: 2. In IA 113281 of 2018, the applicant is an Additional District and Sessions Judge in the State of West Bengal, who has been sele cted as Member (Judicial) in the CESTAT. The notification of appointment of six officers who have been selected as Member (Judicial), including the KUDRAT SANDHU v. UNION OF INDIA AND ANR. applicant, stipulates that they shall hold office for a period of five years or till attaining the age of 62 years, whichever is earlier “in terms of the Hon’ble Supreme Court’s order dated 20 March 2018". A member of the judicial service would have ordinarily continued until the da te of superannuation in the state judicial service, subject to the service rules. It would be manifestly inappropriate to adopt an interpretation as a result of which, upon assuming office as Member (Judicial) in CES TAT the officer will have a tenure which will expire after fiv e years, if it falls prior to attaining the age of 62 years. We, accordingly, are of the view that the clarification issued for the ITAT in the order dated 20 March 2018 needs to be reiterated in the case of the members of the CESTAT, which we do.We clarify that a person selected as 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. AFT: 3. Members of the Armed Forces Tribunal shall hold office until the attainment of the age of 65 years. Chairpersons who have b een former Judges of the Supreme Court shall hold office until the attainment of the age of 70 years. CAT: 4. In the case of the Central Administrative Tribunal, we clarify that the old rules/provisions shall continue to apply. 5. We direct the Union government to file a status report before this Court within a period of two weeks setting out position with respect to each Tribunal, including the vacancies and the stage of the selection process.IA No.113281 of 2018 is disposed of accordingly. Devika Gujral IA disposed of.