KERALA ADMINISTRATIVE TRIBUNAL Vs. UNION OF INDIA

JUDGEMENT

(1.) These public interest litigations are related to the appointment of the Chairman and the Judicial Members of the Kerala Administrative Tribunal (KAT). These matters were heard yesterday for considering the request of the learned Senior Counsel Shri Ranjith Thampan appearing for the petitioners in W.P. (C).No.12707/2021 for an interim order.

(2.) The urgency for interim order: The office of the Chairman of KAT is vacant since 15/9/2020 onwards. The recommendation to appoint the Chairman is pending with the Central Government. This Court in W.P.(C).No.10706/2021 by an interim order dated 1/6/2021 directed the Central Government to take appropriate decision on the recommendation within a period of three weeks. Again, a three weeks time was granted based on the request made by the learned Assistant Solicitor General. That period also expired on 14/7/2021. The term of the two judicial members appointed, namely, Shri Benny Gervacis and Shri V.Rajendran would expire on 19/7/2021. The process for appointing the judicial members is underway. It is submitted by the learned Government Pleader that the last date for submitting application for appointment as a Member (Judicial) is 23/7/2021. Apprehending that the entire function of KAT would come to a halt on the expiry of the term of the two Judicial Members on 19/7/2021, the learned Senior Counsel Shri Ranjith Thampan pressed for an interim order to permit the present judicial Members to continue to hold their office subject to the upper ceiling age of 65 years as prescribed under Section 8(2) of the Administrative Tribunals Act, 1985 (hereinafter referred to as the "Tribunals Act "). The present Judicial Members are the first term appointees. Therefore, it is submitted that there is no legal bar in further extending the term as provided under Section 8(2) of the Tribunals Act subject to the upper ceiling age of 65 years.

(3.) Brief Facts about the petitioners and the case filed by them: