K BHAKTHAVATSALA Vs. SENIOR ACCOUNTS OFFICER

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to declare that Chairman of Karnataka State Administrative Tribunal (KSAT for short) is entitled to a salary equivalent to that of Chief Justice of High Court, quash the letter dated 13.9.2017 issued by the Under Secretary to Government of India and to issue directions to the respondents to fix salary of the Chairman, KSAT at Rs.90,000/- from 15.12.2015 and to pay the arrears of salary based on that.

(2.) The facts of the case to be stated in brief are that, Chairman of KSAT, is not only discharging judicial duties but also carries on administrative duties relating to the entire administration of KSAT and financial powers thereof, identical to the powers of Chief Justice of High Court. Under Section 12 of Administrative Tribunals Act, 1985, hereinafter referred to as "the Act" , financial and administrative powers are conferred on the Chairman. Under Section 13(1A) of the Act, the officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairman. Under Rule 7 of Karnataka Administrative Tribunal (Services & Allowances & Conditions of Service of Chairman, Vice Chairman and Members) Rules, 1986 ("Service Rules" for short), the Chairman is the leave sanctioning authority for the Members of the Tribunal.

(3.) It is stated, the qualification prescribed for appointment of Chairman and Members came to be amended during 1987 and as per Section 6 of the Act, qualification prescribed for the post of Chairman (CAT/KSAT) is that he/she has been a Judge of a High Court. There is lot of difference in the qualification for the post of Chairman and that of judicial member and administrative member.