Supreme Court Refuses To Entertain Plea To Fill Vacancies At Karnataka State Administrative Tribunal, Allows Petitioners To Move HC

The Supreme Court refused to entertain a  Writ Petition seeking direction to the Union and Karnataka Government to fill up the vacant post of the Members in the Karnataka State Administrative Tribunal (“KSAT”).

Dismissing the petition as withdrawn by the Petitioners, the Vacation Bench comprising Justices Vikram Nath and Sandeep Mehta granted the liberty to the petitioners to approach the Karnataka High Court for appropriate relief.

The petitioners being practising Advocates at Karnataka High Court filed a Public Interest Litigation (PIL) under Article 32 of the Constitution highlighting the consequence of KSAT becoming non-functional on account of the retirement of Judicial Members and non-filing of the vacancies in time.

The petitioners claimed that out of the sanctioned posts of four Judicial Members, only two members were functioning wherein one member retired on 16.06.2024, and another member is currently continuing beyond his period of service in terms of order dated 10.10.2022 passed by the Supreme Court.

The petitioner supplemented the plight of the person who are put to extreme hardship, agony, and loss due to non-filling of the vacant posts as a large number of matters including matters pertaining to pension, compassionate appointment, dismissal from service, selection, appointment, etc are pending in various benches of the KSAT.

“that many of the litigants have even expired during the pendency of the litigation and have been deprived of what they would have been rightfully entitled to. Instances are not few, where litigants have forlorn their claim due to the endless wait, for what they rightfully claim. Therefore, in the event the vacancies are not filled in time, the very objective of the establishing the Karnataka State Administrative Tribunal is defeated.”, the petitioner contended.

Apart from seeking a direction to the Respondents to fill up the vacant posts, the petitioners also sought a direction to constitute a Special Committee to oversee/monitor the occurrence of future vacancies in the KSAT, Bengaluru, and to initiate the selection process, at least 6 months prior to the date of occurrence of such vacancies, in order to facilitate appointments being made to such vacancies, as on the day the vacancy arises and for such other reliefs.

However, the court was not inclined to issue notice to the Respondents and rather asked the Petitioners to approach the High Court for appropriate proceedings.

Case Title: NARASIMHARAJU & ORS. VERSUS THE UNION OF INDIA & ORS.

Click here to read/download the order