Kerala High Court Further Extends Term Of Judicial Members Of State Administrative Tribunal

The Kerala High Court on Thursday further extended the term of two judicial members at the Kerala Administrative Tribunal (KAT) and directed the registry to place before the Chief Justice a request from the State to select new members.

A Division Bench of Justice A Muhamed Mustaque and Justice Sophy Thomas issued the order noting that any further delay in initiating the selection process under the Tribunal Reforms Act, 2021 would adversely impact the functioning of KAT.

"It is to be noted that the selection process has not been commenced in terms of the Tribunals Reforms Act. If any delay occurs, it would seriously affect the functioning of the Tribunal. It is appropriate that the Registry brings it to the notice of the Hon'ble the Chief Justice about the communication from the Government dated October 16, 2021 as well as November 2, 2021. In the meanwhile, we permit the judicial members to continue."

The term of the present judicial members had expired on July 19. On the expiry of the term of the present judicial members, the tribunal would have been forced to function with a single administrative member without any judicial members from July 20. 

To avoid this situation, the Court had earlier in September extended their term anticipating that by that time the new members would be appointed after the selection process. Before that, their term was extended in July. 

In an attempt to convince the Court that efforts were being taken to select new members, Senior Government Pleader Antony Mukkath placed on record two communications issued to the Registrar General by the Additional Chief Secretary and the Principal Secretary to the Government, which requested the Chief Justice to convene a meeting to select two new judicial members for the KAT.

He objected to further extension of the present judicial members on the premise that the Chairman can function with the assistance of the administrative member.

However, the Court asserted that the KAT cannot function without judicial members and extended their term once again.

Several petitions were filed seeking expeditious appointment of the new judicial members and a chairperson since that post had also been vacant since September 15, 2020.

In August, the Court had issued contempt of court notices to the Union Cabinet Secretary and the Secretary of the Department of Personnel and Training of the Central government for their failure to appoint a Chairperson.

Accordingly, on August 31, the Central Government notified the appointment of a retired judge of the Kerala High Court, Justice CK Abdul Rahim as the chairperson.

However, no new judicial members have been appointed yet. The matter will be taken up next on November 25, 2021.

Case Title: Kerala Administrative Tribunal Ernakulam Advocates' Association Vs. Union of India

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