Fill Up Vacancies In Central Administrative Tribunal : Supreme Court To Centre

While hearing a contempt petition preferred by Ajesh Luthra, President Central Administrative Tribunal ("CAT") Bar Association with respect to the non-compliance of the order dated January 4, 2021, wherein the Top Court had directed the Government to "expedite" the appointment of 4 posts to the CAT in accordance with the Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 the Supreme Court on Monday observed that vacancies to the Central Administrative Tribunal had to be filled even if there was a dispute regarding them

"What is happening with the vacancies? Vacancies have to be filled up even if there is a dispute regarding them. We'll be happy if you fill the 34 vacancies," Justice LN Rao the Presiding Judge of the bench told Attorney General for India KK Venugopal.

The matter was heard by the division bench of Justices LN Rao and BR Gavai.

Appearing for the President, CAT Bar Association Senior Advocate Maninder Singh submitted that the Top Court on January 4, 2021, had directed the Centre to appoint 4 members (3 from Advocates and 1 from Legal Service) but until now only 2 appointments have been made. He further submitted that the entire process of selection and appointment had been done by recommending the number of vacancies and the names.

Pointing out to the affidavit dated October 1, 2021, submitted by the Centre, Senior Counsel said, "Now what they've done is they've made 2 appointments and said that their order has been complied with. 4 has become 2. At present, there are 35 vacancies that are to be filled. The selection process has commenced and only 2 appointments have been made. Now they say they say they've started a fresh process. The directions which were categorically clear get reduced to 1 lawyer & 1 person from legal service & they say that they've complied with the order."

"These recommendations have been made. There were 4 vacancies & recommendations were there. If future vacancies are there, why are they not being appointed?" Senior Counsel also added.

"You just want posts to be filled upright. We'll ask the AG to fill the posts," Justice Rao remarked.

Appearing for the Centre, Attorney General for India KK Venugopal while referring to the relevant paragraphs of the affidavit dated October 1, 2021 drew Court's attention to the minutes of the meeting as per which the members in the Central Administrative Tribunal were appointed.

Asking the Attorney General for India to file the minutes of the meeting, the Court posted the matter to be heard after Dusshera's vacation.

It will be relevant to note that another bench comprising Chief Justice of India, Justice L Nageswara Rao and DY Chandrachud has taken serious note of the unfilled vacancies in various Tribunals across the country, and has asked the Centre to expedite the appointment process.

Case Title: Ajesh Luthra v. Ajay Bhushan Pandey and Anr| Contempt Pet (Civil) 265/2021 in MA 2252/2020 in WP(C) No 640/2017

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