SC extends tenure of CAT members, says ‘tribunal collapsing’

New Delhi, May 14

Expressing serious concern over vacancies in the Central Administrative Tribunal, the Supreme Court has extended the tenure of all incumbent judicial and administrative members of the CAT till July 26, saying, “the entire tribunal has collapsed”.

“How will the tribunal work if appointments are not made? You (Centre) made the advertisement in April 2022 and the selection would obviously take some time. It has collapsed and if the remaining members also retire, then it would further collapse,” a Bench led by Justice DY Chandrachud said on Friday.

It said against a sanctioned strength of 69 judges only 27 judges were there in CAT, leaving 43 vacancies including the chairperson. If the remaining 27 members of the tribunals also retired, then the tribunal would further collapse. Six CAT benches, including those at Jabalpur, Cuttack, Lucknow, Jammu, and Srinagar were left with only one member each.

A chart submitted by Additional Solicitor General Balbir Singh indicated that further vacancies were due to occur on June 17, June 30 and further vacancies would arise on August 23, September 3, 14, 29 and November 2 and 14, 2022, the Bench noted.

Singh said more than 600 applications from candidates had been received against the vacancy circular issued on April 4, 2022 and the vacancies would be filled by the end of July.

“In this view of the matter since the vacancies in the CAT would impinge upon the citizens’ right of access to justice, this court is of the considered view that in the exercise of jurisdiction of Article 142 is mandated. We accordingly direct pending further orders, the incumbent holding the post of members of the CAT either the judicial member or the administrative member shall continue to function even after the completion of their tenure, subject to their consent and availability,” the Bench ordered.

The arrangement was being made till the next date of hearing anticipating that the vacancies would be filled up by the government by then, it said, posting the matter for hearing on July 26.

The Centre said benches having vacancies were functioning through physical/hybrid mode and virtual modes by joining members from other benches.

The petitioners had submitted that 35 judicial members, including the CAT chairman and 35 administrative members cater to 19 benches and eight circuit benches of the and owing to the retirement of members and non-filling of vacancies; many of the benches had become non-functional.