(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Kudrat Sandhu __________________________________ Petitioner
v.
Union of India & Anr. __________________________ Respondent(s)
Writ Petition(s) (Civil) No(s). 279/2017, decided on February 9, 2018
With
[Item No. 7.1 – W.P.(C) No. 558/2017 (PIL-W) (IA No. 81648/2017-Stay Application and For Admission)]; [Item No. 7.2 – W.P.(C) No. 561/2017 (PIL-W) (IA No. 86008/2017-Stay Application and)]; [Item No. 7.3 – W.P.(C) No. 640/2017 (X) (For Admission and IA No. 68312/2017-Stay Application and IA No. 140712/2017-impleading party and IA No. 140715/2017-Permission to File Application For Direction)]; [Item No. 7.4 – W.P.(C) No. 1016/2017 (PIL-W) (For Stay Application on IA 107276/2017) [Item No. 7.5 – W.P.(C) No. 788/2017 (X)]; [Item No. 7.6 – W.P.(C) No. 925/2017 (PIL-W) (For Admission)]; [Item No. 7.7 – W.P.(C) No. 1098/2017 (PIL-W) (For Stay Application on IA 118155/2017)]; [Item No. 7.8 – W.P.(C) No. 1129/2017 (PIL-W) (For Stay Application on IA 122573/2017)]; [Item No. 9 – T.P.(C) No. 1990/2017 – (For Admission and I.A. No. 112338/2017 – Stay Application)]; And [Item No. 17 – W.P.(C) No. 33/2018 (For Admission)]
The Order of the court was delivered by
1. We have heard learned counsel for the petitioners and Mr. K.K. Venugopal, learned Attorney General for India.
2. In the course of hearing, suggestions for an interim order in respect of Central Administrative Tribunal have been filed. The suggestions read as follows :
“1. Staying the composition of Search-cum-Selection Committee as prescribed in Column 4 of the Schedule to the Tribunal, Appellate Tribunal and Other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017 both in respect of Chairman/Judicial Members and Administrative Members. A further direction to constitute an interim Search-cum-Selection Committee during the pendency of this W.P. in respect of both Judicial/Administrative members as under :
a. Chief Justice of India or his nominee – Chairman
b. Chairman of the Central Administrative Tribunal – Member
c. Two Secretaries nominated by the Government of India – Members
2. Appointment to the post of Chairman shall be made by nomination by the Chief Justice of India.
3. Stay the terms of office of 3 years as prescribed in Column 5 of the Schedule to the Tribunal, Appellate Tribunal and other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017. A further direction fixing the term of office of all selectees by the aforementioned interim Search-cum-Selection Committee and consequent appointees as 5 years.
4. All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall be with conditions of service as applicable to the Judges of High Court.
5. A further direction to the effect that all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees as Chairman/Judicial/Administrative members for a term of 5 years with conditions of service as applicable to Judges of High Court shall not be affected by the final outcome of the Writ Petition.”
3. Mr. Venugopal, learned Attorney General has submitted that he has no objection if the suggestions, barring suggestion nos. 4 and 5, are presently followed as an interim measure. On a query being made whether the said suggestions shall be made applicable to all tribunals, learned Attorney General answered in the affirmative.
4. He would, however, suggest that suggestions nos. 4 and 5 should be recast as follows :
“4. All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall abide by the conditions of service as per the old Acts and the Rules.
5. A further direction to the effect that all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees as Chairman/Judicial/Administrative members shall be for a period as has been provided in the old Acts and the Rules.
5. In view of the aforesaid, we accept the suggestions and direct that the same shall be made applicable for selection of the Chairpersons and the Judicial/Administrative/Technical/Expert Members for all tribunals.
6. List after twelve weeks along with W.P.(C) Nos. 120 of 2012; 267 of 2012.
7. T.P.(C) No. 1990 of 2017 stands disposed of in terms of the signed order.
TRANSFER PETITION(C) NO. 1990 OF 2017
Union of India & Ors ____________________________ Petitioner(s)
v.
Employees Provident Fund Appellate Tribunal Bar Association ________________________________________________ Respondent
ORDER
8. This is a petition seeking transfer of Writ Petition(C) No. 6702 of 2017 titled “Employees Provident Fund Appellate Tribunal Bar Association v. Union of India” pending before the High Court of Delhi at New Delhi.
9. We have heard Mr. K.K. Venugopal, learned Attorney General for India and Ms. Shivani Kapoor, learned counsel appearing for the respondent-Bar Association.
10. Learned counsel for the respondent has no objection if the above petition is transferred to this Court.
11. In view of the aforesaid, it is directed that the abovementioned writ petition pending before the High Court of Delhi be transferred to this Court and registered as a Transferred Case.
12. It shall be listed along with other connected cases.
13. The transfer petition stands disposed of accordingly.
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