By TIOL News Service

NEW DELHI, AUG 25, 2018: THE Supreme Court of India in its order dated August 21, 2018 clarified the age of superannuation for Members and Chairpersons of the Central Administrative Tribunal (CAT), the Central Excise & Service Tax Appellate Tribunal (CESTAT) and the Armed Forces Tribunal (AFT). Such findings come in continuation of earlier decisions of the court specifying the tenure of the Members and Chairpersons of all Tribunals in India.

Thereafter, the Apex Court had also gone on to specify the age of superannuation for Members and the President of the Income Tax Appellate Tribunal (ITAT) at 62 and 65 years respectively. Similarly, it prescribed the same for the members of other Tribunals. The relevant findings of the Apex Court in this regard are -

++ A member of the judicial service would have ordinarily continued until the date of superannuation in the state judicial service, subject to the service rules. It would be manifestly inappropriate to adopt an interpretation as a result of which, upon assuming office as Member (Judicial) in CESTAT the officer will have a tenure which will expire after five years, if it falls prior to attaining the age of 62 years. We, accordingly, are of the view that the clarification issued for the ITAT in the order dated 20 March 2018 needs to be reiterated in the case of the members of the CESTAT, which we do. We clarify that a person selected as Member of the CESTAT will continue until the age of 62 years while a person holding the post of President shall continue until the age of 65 years.

++ Members of the Armed Forces Tribunal shall hold office until the attainment of the age of 65 years. Chairpersons who have been former Judges of the Supreme Court shall hold office until the attainment of the age of 70 years.

++ In the case of the Central Administrative Tribunal, the old rules and provisions shall continue to apply.

Thereafter, the bench also directed the Central Government to file status reports regarding the vacancies and selection process for each of the Tribunals, within two weeks' time.

(See 2018-TIOL-344-SC-SERVICE)