KSAT Chairman Not Entitled To Salary Equivalent To HC Chief Justice: Karnataka HC Dismisses Former Judge's Writ Appeal [Read Judgment]

The Karnataka High Court has held that the chairman of Karnataka State Administrative Tribunal is not entitled to the salary equivalent to that of the Chief Justice of the High Court.

Dismissing the writ appeal filed by its former Judge Justice K. Bhakthavatsala, who is presently, Chairman of Karnataka State Administrative Tribunal (KSAT), the bench comprising of the Chief Justice Abhay S. Oka and Justice HT Narendra Prasad.

KSAT Chairman had approached the High Court contending that he is not only discharging judicial duties but also carries on administrative duties relating to the entire administration of KSAT and financial powers thereof, identical to the powers of Chief Justice of High Court. Even though there is more work in the KSAT than CAT, since number of cases filed, are far higher than that filed in CAT, the CAT Chairman is getting salary equivalent to that of Chief Justice of High Court, he submitted in his petition.

The then Acting Chief Justice L. Narayana Swamy, who had considered the writ petition, observed that the KSAT Chairman is not entitled to any higher salary than what is provided in the Administrative Tribunals Act, 1988.

Concurring with the said view, the division bench said:

"The contention raised by the appellant that he performs onerous duties as the Chairman of the State Administrative Tribunal and therefore, he should be treated on par with the Chief Justice of the High Court for the purpose of pay and other service conditions. But we are afraid that cannot be done unless the said Rules of 1986 which have been framed by the Central Government in exercise of rule making power under clause (c) of sub-section (2) of Section 35 of the said Act of 1985 are amended. As per Rule 15A of the said Rules of 1986, the appellant is entitled to salary of a sitting Judge of High Court Judge as a fixed pay. Therefore, we concur with the view taken by the learned Single Judge." 

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