SHANKER RAJU versus UNION OF INDIA

SHANKER RAJU versus UNION OF INDIA

A Member of the Tribunal cannot hold office beyond a total of ten years, whether in one stretch or via re-appointment; after completion of ten years the Member goes out of office and becomes ineligible for fresh appointment. The statutory provision is clear and binding; hardship or inconvenience cannot alter the statutory meaning.

Parties
Petitioner: Shanker Raju; Respondent: Union of India
Jurisdiction
India
Judgment Date
04 January 2011
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ Petition dismissed
Legal Topics
Administrative Tribunals, Tenure and Reappointment of Tribunal Members, Interpretation of Statutes, Stare Decisis, Binding Precedent
Administrative Law Constitutional Law Administrative Tribunals Tenure and Reappointment of Tribunal Members Interpretation of Statutes Stare Decisis Binding Precedent

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Parties

Shanker Raju

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether a Member of the Tribunal is eligible for re-appointment after completion of a term of ten years

Ratio Decidendi

A Member of the Tribunal cannot hold office beyond a total of ten years, whether in one stretch or via re-appointment; after completion of ten years the Member goes out of office and becomes ineligible for fresh appointment. The statutory provision is clear and binding; hardship or inconvenience cannot alter the statutory meaning.

Court Disposition

Writ Petition dismissed

Orders

  • Petition under Article 32 dismissed.
  • No order as to costs.