Take Decision On Recommendation For Appointment Of Kerala Administrative Tribunal Chairman Within 3 Weeks: Kerala High Court To Centre

The Kerala High Court on Tuesday directed the Cabinet Appointment Committee to take a decision on the recommendation regarding the appointment of the Kerala Administrative Tribunal's Chairman within a period of three weeks.

It may be noted that the Cabinet Appointment Committee is the final authority to decide on the recommendation made regarding State Administrative Tribunals' members.

The direction by Justice A. Muhamed Mustaque & Justice Dr. Kauser Edappagath comes in the backdrop of the fact that eight months have passed without there being a chairman of the Kerala Administrative Tribunal.

The Bench was hearing a writ petition filed by the Kerala Administrative Tribunal Ernakulam Advocates' Association along with a lawyer practising before this Court.

They submitted before the Court that the entire activities of the Tribunal would come to halt on account of the delay in appointing the Chairman of the Tribunal.

It was submitted that the Chairman of the Tribunal, Justice T. R. Ramachandran Nair completed the term on September 15, 2020 and another administrative member (Shri Somasundaran) retired on May 26, 2021.It was also submitted that two other Judicial Members (Shri Benny Gervacis and Shri V.Rajendran) will complete their term on July 19, 2021.

Further, it was stated before the Court that a proposal for the appointment of the Chairman had been forwarded by the State Government on July 27, 2020.

The Court noted that an answer was given by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) to a query raised by the Honourable Member of Parliament stating that the proposal was referred to Honourable Chief justice of India for consultation in terms of Section 6(3) of the Administrative Tribunals Act, 1985.

It was also placed on record that the response received from the Chief Justice of India on February 5, 2021 and that the recommendation required the approval of the Competent Authority.

As disclosed from the facts and pleadings, the Court added:

"The entire functioning of the Kerala Administrative Tribunal would come to a halt as the two Judicial Members would also retire in the month of July 2021. In such circumstances, an expeditious decision on the recommendation of the appointment of the Chairman is required.

Thus, the Court directed:

"It is appropriate that the decision is taken on the recommendation by the competing authority within a period of three weeks. Any selection process, pursuant to the notification, for the selection of administrative members, will be subject to the outcome of this writ petition."

Case title - Kerala Administrative Tribunal Ernakulam Advocates' Association v. Union Of India

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