UNION OF INDIA Vs. R. N. SINGH

JUDGEMENT

(1.) This case concerns determination of the commencement date of re-appointment of the Respondent, Mr. R. N. Singh, a judicial member of the Central Administrative Tribunal ["CAT"]. Under the purview of the Administrative Tribunals Act, 1985 [hereinafter, 'ATA, 1985"], the original five-year tenure of Respondent is set to conclude on 11/7/2023 and his request for re-appointment has been accepted. However, Appellants assert that this is a fresh selection under the provisions of the Tribunal Reforms Act, 2021 [hereinafter, 'TRA, 2021"] and the term of his initial appointment under the ATA, 1985, would have no effect. The judgement dtd. 3/5/2023, rejects this contention, holding that such an interpretation would curtail Respondent's original tenure and perpetrate discrimination against him, as compared to other individuals appointed under the provisions of the ATA, 1985 [referred to as 'impugned judgement' hereinafter]. Factual Background

(2.) Mr. R. N. Singh was appointed as a judicial member of CAT on 3/7/2018 under the provisions of ATA, 1985 for a term of five years or until the age of 65, whichever arrives sooner, commencing from the date of assumption of his post. He joined the service on 12/7/2018, and his term is due to end on 11/7/2023.

(3.) The ATA, 1985 was superseded by the TRA, 2021 on 4/4/2021. Post this amendment, the service conditions, including selection procedure of CAT members came to be governed by TRA, 2021 and the subsequent rules framed thereunder. On 4/4/2022, Appellant No. 1 issued a circular soliciting applications for appointment against the sanctioned vacancies for judicial members of CAT, in terms of the TRA, 2021 and Tribunal (Conditions of Services) Rules, 2021 [hereinafter, '2021 Rules"]. Notably, both the circular and 2021 Rules entail provisions for re-appointment of members already in service.