CAT Vacancies: Supreme Court Directs Tenure Of Officers To Be Extended Until Vacancies Are Filled

The Supreme Court bench comprising Chief Justice of India Dr DY Chandrachud and Justice JB Pardiwala directed the tenure of all officers of the Central Administrative Tribunal (CAT) to be extended further until the vacancies for posts in the CAT are filled. The court has now listed the matter in the first week of February 2023 when it shall be apprised of further steps taken to fill up the remaining 19 vacancies in CAT. 

By an order dated 13.05.2022, the Apex Court taking note of the vacancies in the Central Administrative Tribunals, had exercised power under Article 142 of the Constitution to permit the incumbents to continue functioning beyond their term, subject to their consent and availability. Later, at the request of the Counsel appearing on behalf of the petitioner and with consent of ASG, Balbir Singh, a Bench comprising CJI D.Y. Chandrachud and Justice Hima Kohli extended the operation of the interim order passed on 13.05.2022, till the next date of listing.

In today's hearings, the Union submitted an updated status report with post wise details. It was stated that–

"There are 19 vacancies so far. We have gone from 28 filled posts to 51 posts filled. The correct process is complete. 51 members are in place. The process for 19 vacancies has started. A judge has to be nominated."

Per contra, the petitioner submitted that–

"10 division benches are less than what is required. In some benches such as Jabalpur, Mumbai, Calcutta circuit benches are needed too. My lords may fix a time bound manner in which they can fill vacancies and in the meantime permit the persons who are retiring to continue."

The CJI dictated the order which stated that–

"The tabulation shows that out of the sanctioned strength of 70 members of CAT, 51 posts have been filled consisting 26 judicial and 25 administrative members. There are 19 vacancies for 9 judicial and 10 administrative members. The process to fill vacancies has been initiated with a request for a nomination of a judge of this court for chairperson of the committee. In view of the 19 vacancies which still continue in CAT we direct that the tenure of all officers which has been continued shall be extended further until the process of selection is completed."

CJI Chandrachud also added that by the next date of listing, the Supreme Court shall be apprised of further steps taken to fill up the remaining 19 vacancies. The matter will now be heard in the first week of February 2022. 

CASE TITLE: CAT (Principal Bench) Bar Association v. UoI And Ors. WP(C) No. 268/2022

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