RAJAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking directions for being appointed as a member of Railway Claims Tribunal, w.e.f. 14.3.05 inasmuch as it is pleaded that the petitioner was in fact called for interview, was selected and placed at serial No.1 in the Selection List of Members (Judicial). It is pleaded that the selection list is prepared by a committee comprising of a Judge of Hon?ble Supreme Court; Chairman, Railway Board; Chairman, Railway Claims Tribunal and the Secretary, Ministry of Law.

(2.) On behalf of respondent Nos.1and 2, it is not disputed that petitioner was in fact put at No.1 on the selection list, however, it is argued that there had been an error in calling the petitioner for appointment inasmuch as there existed a bar in terms of Section 10 of Railway Claims Tribunal Act, 1987 (hereinafter referred to as "the Act?) as per which a member of a Railway Claims Tribunal cannot seek fresh appointment as a member of the Railway Claims Tribunal. A member, it is argued, though can apply for being appointed as Vice-Chairman or Chairman of the Railway Claims Tribunal or Member or Vice-Chairman or Chairman to any other Tribunal, but, cannot again apply for being appointed as a member of the Railway Claims Tribunal.

(3.) On behalf of the petitioner, rebutting the stand of respondent Nos.1 and 2, it is argued that qualifications of a person to be appointed as a Judicial Member of the Railway Claims Tribunal are contained in Section 5 of the Act and when this provision is read with Section 7 all that they provide for is an upper age limit of 62 years with respect to a Member, and, Section 10 cannot be read to deny the second or subsequent term as a Judicial Member of the Railway Claims Tribunal provided of course the age does not exceed 62 years.