CAT Vacancies: Supreme Court Extends Period Of Incumbent Members Till The Next Date Of Listing

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. On Thursday, at the request of the Counsel appearing on behalf of the petitioner and with consent of ASG, Balbir Singh, a Bench comprising Justices D.Y. Chandrachud and Hima Kohli extended the operation of the interim order passed on 13.05.2022, till the next date of listing.

"Interim order dated 13 May 2022 to continue till the next date of listing."

The matter has been directed to be listed next on 07.12.2022.

The direction was issued in a petition filed by Central Administrative Tribunal (Principal Bench) Bar Association seeking stay on the impending retirement of all the existing Judicial/Administrative Members of CAT who are due for retirement till all the vacancies which arose from 2019-2022 are filled by actual joining of candidates.

While granting the first extension on 13.05.2022, the Apex Court had remarked that the vacancies would impinge upon the citizen's right to access of justice, therefore the stop-gap arrangement was made till the next date of listing (July 26, 2022) by which date it was anticipated that the vacancies in CAT would be filled up.

"Most benches of CAT indicate that there are substantial vacancies & constitution of bench for regular hearing OA's would be a difficult exercise. Since vacancies would impinge upon citizens' right to access of justice this court is of the view that exercise of Jurisdiction under Article 142 is mandated. We accordingly direct that pending further orders, the incumbents who are holding the post of members of CAT as judicial or administrative members shall continue to function even after the completion of their tenure subject to their consent and availability to act as judges. This arrangement is being made till the next date of listing by which date it is anticipated in terms of the statement made on behalf of Union of India in this court that vacancies would be filled up. List on July 26," the Court had said in its order dated 13.05.2022.

[Case Title: Central Administrative Tribunal (Principal Bench) Bar Association, New Delhi v Union of India & Ors.]

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