A.K. BEHERA versus UNION OF INDIA & ANR.

A.K. BEHERA versus UNION OF INDIA & ANR.

Per Panchal J and Balakrishnan CJI: The abolition of the post of Vice-Chairman and amendments to qualification and service conditions of Tribunal members do not violate the Constitution; amendments elevate status and service conditions of members to that of High Court judges and prescribe higher qualifications for uniformity and better discharge of functions. The restriction of tenure to 10 years is not unconstitutional as the concept of security of tenure does not apply to these appointments. Per Dalveer Bhandari J (dissent): Amended section 10A is discriminatory and violative of Article 14; pay scales and conditions for all members must be uniform, all members should serve till 65...

Parties
Petitioner: A.K. Behera; Respondent: Union of India; Respondent: Anr.
Jurisdiction
India
Judgment Date
06 May 2010
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Writ petitions dismissed (majority); partial dissent allows the petitions and provides specific reliefs.
Legal Topics
Administrative Tribunals, Abolition of Post, Tenure and Service Conditions, Equality, Independence of Judiciary
Constitutional Law Administrative Law Administrative Tribunals Abolition of Post Tenure and Service Conditions Equality Independence of Judiciary

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Parties

A.K. Behera

Petitioner

Union of India

Respondent

Anr.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Constitutionality of the abolition of the post of Vice-Chairman in Central Administrative Tribunal
  2. 2 Validity of different conditions of service for members appointed under unamended and amended rules
  3. 3 Validity of restricting total tenure of Members to 10 years

Ratio Decidendi

Per Panchal J and Balakrishnan CJI: The abolition of the post of Vice-Chairman and amendments to qualification and service conditions of Tribunal members do not violate the Constitution; amendments elevate status and service conditions of members to that of High Court judges and prescribe higher qualifications for uniformity and better discharge of functions. The restriction of tenure to 10 years is not unconstitutional as the concept of security of tenure does not apply to these appointments. Per Dalveer Bhandari J (dissent): Amended section 10A is discriminatory and violative of Article 14; pay scales and conditions for all members must be uniform, all members should serve till 65...

Court Disposition

Writ petitions dismissed (majority); partial dissent allows the petitions and provides specific reliefs.

Orders

  • All members of the Tribunal (appointed by amended/unamended rules) entitled to uniform pay scales and service conditions from 01.06.2010, without entitlement to arrears.
  • All members of the Tribunal to retire at uniform age of 65 years from 01.06.2010; section 10A quashed and set aside (per dissent).