RAJAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal impugns the order dated 04.03.2013 passed by a Single Judge of this court in writ petition being W.P.(C) No.1761/2012. The learned Single Judge has interpreted the provisions of Sections 5, 7 and 10 of the Railway Claims Tribunal Act, 1987 (hereinafter referred as the 'Act') and held that as per the said provisions, a person who has completed his term as a member of the Railway Claims Tribunal would not be eligible for being appointed for a second term at the same post. The appellant is aggrieved by the impugned judgment inasmuch as he having completed his term as a member of the Railway Claims Tribunal had reapplied for another term and had been selected for the same. However, subsequent to his selection, the appellant has been denied the appointment to the post on account of the eligibility condition contained in Section 10 of the Act.

(2.) The short question before us is whether the provisions of the Act, in particular Section 10, renders a member of the Railway Claims Tribunal ineligible for being appointed for a second term as a member of the Tribunal.

(3.) The learned Single Judge considered the provisions of the Act and concluded as under:-