UNION OF INDIA Vs. ARCHANA WADHWA

JUDGEMENT

(1.) The petition impugns the order dated 26th September, 2019 of the Central Administrative Tribunal (CAT), Principal Bench, in OA no. 1888/2018 preferred by the 16 respondents, all Members (Judicial) of Customs, Excise & Service Tax Appellate Tribunal (CESTAT).

(2.) The said OA was preferred, pleading that (i) all the Members (Technical) and Members (Judicial) of CESTAT are appointed, after going through a selection process conducted by a Selection Committee headed by a Sitting Judge of the Supreme Court; (ii) the retirement age of each member, whether Technical or Judicial, is 62 years; (iii) the Members (Technical) as well as Members (Judicial) hold a civil post and accordingly the Central Civil Services Rules are applicable to them; (iv) the respondents were appointed in different years, from 1996 to 2016 and were having a pay scale of Rs. 2,05,600-2,24,400; (v) after promulgation of the Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and other Conditions of Members) Rules, 2017, made in exercise of powers under Section 184 of the Finance Act, 2017, all the members of CESTAT appointed subsequent to the promulgation of 2017 Rules were being paid salary of Rs. 2,25,000/- (fixed), along with allowances as admissible to Central Government post carrying the same pay; (vi) the appointees, post 2017 Rules, are appointed for a limited period of five years or till attaining the age of 62 years (vii) post 2017 Rules, 5 technical members and 6 judicial members of CESTAT have been appointed; (viii) the respondents, despite being senior to the appointees post 2017 Rules, were drawing lesser salary than the fresh appointees post 2017 Rules; and, (ix) though a representation dated 1 st August, 2017 had been made to eliminate the said disparity but had not been considered.

(3.) Cat, vide the impugned order, has allowed the OA aforesaid of the respondents, reasoning that (i) the conditions of service of the President, Vice President and the Members of CESTAT were governed by the CESTAT Members (Recruitment and Conditions of Service) Rules 1987; (ii) the Government intended to bring about a semblance of uniformity, and provisions in this behalf were made in the Finance Act, 2017 and Chapter 'S' containing Sections 183 and 184 was introduced; (iii) the said Sections 183 and 184 were as under:-