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Parliament has got power to change the Service Condititions

Raj Kumar Makkad ,
  05 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Administrative Tribunals - Abolition of the post of Vice-Chairman - Sections 8(2), 12 and 12(2) Administrative Tribunal (Amendment) Act, 2006 - Sections 12 Administrative Tribunals Act, 1985 - Article 323A Constitution of India, 1950 - Whether the abolition of the post of Vice-Chairman, which was in existence since inception of the Administrative Tribunals, is unconstitutional because it would create anomalous situation in the structure as well as administration of the Tribunals if any High Court Judge is appointed as Member of the Tribunal ?
Citation :
A. K. Behra v. Union of India and Anr. and P.K. Gaikwad v. Union of India and Ors. (Decided on 06.05.2010) MANU/SC/0366/2010

Parliament under Article 323A of the Constitution has right to change the conditions of service of Members of the Administrative Tribunals by enacting a law for equating Members of the Tribunal with Judges of High Court for the purposes of pay and superannuation. By abolition of the post of the Vice-Chairman no anomalous situation is sought to be introduced in the structure as well as functioning and administration of the Tribunals - A retired High Court Judge would be eligible for appointment as Member of the Tribunal and on such appointment would be eligible to all the facilities as a Judge of the High Court . Chairman of the Tribunal is normally a retired Chief Justice of the High Court and very rarely a retired Judge is appointed as Chairman of the Tribunal. Petitioner failed to establish that by upgrading the status of the Administrative Member of the Tribunal to that of a High Court Judge a particular provision of the Constitution is infringed. Thus, abolition of the post of Vice-Chairman except for the purposes of Section 12 of the Act would not create anomalous situation in the structure as well as administration of the Tribunal, if any High Court Judge is appointed as a Member has no substance . Petition dismissed

 

 
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Published in Constitutional Law
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