D.O. N0.A-11013/9/2010-AT
GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL 8 TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS
NORTH BLOCK. NEW DELHI-110001
Website : hnpliwww.persmin.nic.in
20th April, 2010
Applications are invited from suitable eligible officers for two vacancies of Administrative Members in the Central Administrative Tribunal, one each at the Ahmedabad and Patna Bench.
2. The Administrative Tribunals Act, 1985 got amended by the Administrative Tribunals (Amendment) Act, 2006. As per sub-sections (2) and (3) of Section 8 of the Act:
"(2) A Member shall hold office as such for a term of five years from the date on which he enters upon his office extendable by one more term of five years:
Provided that no Member shall hold office as such after he has attained the age of sixty-five years.
(3) The conditions of service of Chairman and Members shall be the same as applicable to Judges of the High Court."
3. The eligibility conditions as per Sub-section 2(a) of Section 6 of the Administrative Tribunals Act, 1985 as amended by the Administrative Tribunals (Amendment) Act, 2006 (No. 1 of 2007) provides that-
"(2) A person shall not be qualified for appointment,-
(a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State Government and carrying, the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India at least for a period of five years;"
Provided that the officers belonging to All-lndia services who were or are on Central Deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purposes of this clause;"
4. For the Administrative Members already working in CAT/SATs who want to apply afresh, Section 10A of the Administrative Tribunals Act, 1985 as inserted by the Administrative Tribunals (Amendment) Act, 2006 provides that-
"10A. The Chairman and Member of a Tribunal appointed before the commencement of the Administrative Tribunals (Amendment) Act, 2006 shall continue to be governed by the provisions of the Act, and the rules made there-under as if the Administrative Tribunals (amendment) Act, 2006 had not come into force:
Provided that, however, such Chairman and the Members appointed before the coming into force of Administrative Tribunals (Amendment) Act, 2006, may on completion of their term or attainment of the age of 65 or 62 years, as the case may be, whichever is earlier may, if eligible in terms of Section 8 as amended by the Administrative Tribunals (Amendment) Act, 2006 be considered for a fresh appointment in accordance with the selection procedure laid down for such appointments subject to the condition that the total term in office of the Chairman shall not exceed five years and that of the Members, ten years."
Current Members, who are finishing their term between 1st July and 31s' December, 2010, would be eligible to apply if fulfilling the other conditions.
The candidature of eligible Members of the CAT/SATs willing to be considered for a fresh appointment may accordingly be recommended by the Chairman, CAT/ SATs.
5. It is requested that this circular be given vide publicity and names of such eligible officers who are willing to be considered for the post of Administrative Member in the Central Administrative Tribunal may be forwarded' along with their applications in the prescribed proforma (attached). While forwarding the applications, the following points may be kept in mind:-
(i) Quasi judicial experience with knowledge and experience in dealing with service matters and laws would be essential.
(ii) It should be clearly stated that the officer(s) islare clear from vigilance angle. In case any penalty had been imposed in the past against any officer under the relevant Service Rules, the details of the same may also be furnished.
(iii) Original CR dossiers, failing which certified copies of Confidential Reports for the last ten years in respect of recommended officers, may also be sent positively along with the applications.
(iv) Interested officers may also send advance copies of their applications. However, advance copies of the applications would be considered only if the actual applications are later received with all the above necessary requirements from the cadre controlling authorities.
(v) The applications should reach the Secretary, Department of Personnel and Training, North Block, New Delhi - 110001 on or before 07.06.2010. It will not be possible to consider avplications received after the due date.
6. The Central Administrative Tribunal has seventeen regular Benches across the country. The appointment in the Central Administrative Tribunal shall carry an All India transfer liability. The selected persons are liable to be posted to any place having a Bench of the Central Administrative Tribunal depending on the availability of the vacancies / exigencies of work.
7. It has also been our experience in the past that sometimes persons selected for appointment seek extension of time on one pretext or the other and quite often decline to join later. It is made clear that persons selected would have to join within three weeks from the date of issue of appointment order failing which the appointment would be cancelled.
With regards,
Yours sincerely,
(Shandu Consul)
