Bombay High Court Directs Department Of Personnel Joint Secretary To Prioritize Filling Vacancies In Maharashtra Administrative Tribunal

The Bombay High Court on Wednesday directed the Joint Secretary, Department of Personnel to prioritize taking necessary steps to fill up vacancies in the Maharashtra Administrative Tribunal.

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif S. Doctor was hearing a writ petition regarding vacancies in Aurangabad and Nagpur benches of the Maharashtra Administrative Tribunal.

“Considering the importance of the Tribunal and the situation resulting from non-filling of the vacancies which is extremely prejudicial to the litigants, the Joint Secretary, Government of India, would look into the issue on priority basis and will consider taking necessary steps at the earliest”, the court stated.

The court was informed that the Division Bench of the Tribunal at Aurangabad had not been operational since June 28, 2023, leading to a backlog of several critical matters requiring immediate attention. It was also revealed that even the Division Bench at Nagpur was non-functional.

The affidavit filed by the Registry of the Tribunal indicated that the appointment process was underway. Further, the Judicial Member retired on June 28, 2023, and there is one Administrative Member at Aurangabad. Moreover, the Administrative Member was due for superannuation on August 11, 2023, leaving only the Vice-Chairman (Judicial) effective from August 11.

Considering the gravity of the situation and the severe prejudice caused to litigants due to the vacant positions, the court called for swift action. A communication from the Under Secretary to the Government of Maharashtra, General Administration Department, requesting appointment orders for two selected candidates for the posts of Member (Administrative) at Nagpur and Aurangabad was placed on record. The Registry of the Tribunal told the court that recommendations for two Judicial Members were already sent to the Government of India in June 2023.

Thus, the court directed the Joint Secretary (AT), Government of India, Ministry of Personnel, P.G. & Pensions, Department of Personnel & Training to prioritize the issue and take necessary steps promptly.

To address immediate concerns while the vacancies remain unfilled, the court requested the Chairperson of the Tribunal to explore the feasibility of virtual hearings and e-filing to prevent advocates from having to physically attend the Mumbai Tribunal. If infrastructure constraints hinder virtual hearings, the court said the Chairperson will request assistance from the State Government, with the assurance that all possible support would be extended.

The court posted the matter on August 1, 2023 at 2.30 p.m. “For Directions”, and directed the centre to update the court on the progress regarding the issuance of appointment orders.

Case no. – Writ Petition St. No. 93759 Of 2020

Case Title – Yogesh Prakash Morbale vs State of Maharashtra

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