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

Citation: [2010] 6 S.C.R. 335 · Decided: 06-05-2010 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Dismissed

Judgment (excerpt)

j 
. 
[2010] 6 S.C.R: 335 
A.K. BEHERA · 
V. 
UNION OF INDIA & ANR. 
(W. P. (C) No. 261 of 2007) E.TC. 
MAY 6, 2010 
[K.G. BALAKRISHNAN, CJI, DALVEER BHANDARI AND 
I 
J.M .. PANCHAL, JJ.] 
Administrative Tribunals Act, 1985 - Administrative 
A 
B . 
Tribunals (Amendment) Act, 2006: 
c 
Central. Administrative Tribunal - Abolition of post of 
Vice-Chairman by the Amerldment Act - Constitutionality of 
- Held: Cannot be regarded as unconstitutional - By abolition 
. of post of Vice-Chairman no anomalous situation is sought 
.to be introduced in the structure as well as functioning and D 
· administration of the J Tribunals - Post of Vice-Chairman in 
Tribunal had created al'I avoidable three tier institution and 
resulted in anomalies in qualifications, age 'of retirement, 
service conditions - By the amending Act all Members of 
Central Administrative Tribunal have been elevated to the 
E 
status of a High Court Judge .:... Amended. qualifications for 
Member bf Tribunal are nearly the same as Vice-Chairman 
of Tribunal. 
· 
s. 6(2) (as amended) - Modification in the qualification 
for appointment as Administrative Member in Tribunal -
F 
Challenge to, on the ground that except for an /AS officer no 
. other civil servant would become eligible for appointment -
Held: s. 6(2) not arbitrary and unsustainable - Officers 
belonging to All India Services have been made eligible. to 
be appointed as Administrative Member subject to fulfillment G 
of qualifications - Higher qualifications have been prescribed 
for better discharge of functions by Members of Tribunals and 
cannot be· regarded as arbitrary or unreasonable. 
335 
H 
336 
SUPREME COURT REPORTS 
[2010) 6 S.C.R. 
A 
s. 10A -
Total tenure of Member of Administrative 
Tribunal restricted to 1 O years - Held: Cannot be regarded 
as unconstitutional - Concept of security of tenure does not 
apply to such appointments. 
s. 1 OA - Prescribing different conditions of service for 
B Members of Central Administrative Tribunal on basis of their 
appointment under unamended Rules and amended Rules 
- Requiring Members of Tribunal appointed before the 
coming into force of Amendment Act to seek fresh 
appointment by Selection Committee - Held: Is not arbitrary 
C - Eligibility conditions of Members appointed prior to and after 
February 19, 2007 are different - Members of Administrative 
Tribunals appointed prior to February 19, 2007 form a different 
class from those appointed or to be appointed after February 
19, 2007 - Over a period of time, anomaly, if any, would get 
D cleared itself and after a period of 4-5 years all Members of 
Tribunal would be equal in status - Extension in service by 
Member appointed cannot be claimed as matter of right and 
would always be subject to fulfillment of qualifications and 
conditions stipulated in the Amended Act - Aggrieved 
E petitioner cannot claim, as a matter of right, automatic re-
appointment as Judicial Member of State Administrative 
Tribunal after his first term of five years was over. 
s. 12(2) - Enabling the appropriate Government to 
designate one of the members to be Vice Chairman to 
F 
exercise the financial and administrative powers -
Constitutional validity of - Held: Is constitutionally valid and 
cannot be regarded as impinging upon the independence of 
judiciary. 
Certain amendments were carried out in the 
G Administrative Tribunals Act, 1985 by the Administrative 
Tribunal (Amendment) Act, 2006. By the Amendment Act, 
the post of Vice Chairman in the Central Administrative 
Tribunal was abolished; that the newly inserted s. 10A of 
the Act prescribed different conditions of service for the 
H 
A.K. BEHERA v. UNION OF INDIA & ANR. 
337 
Members of the Central Administrative Tribunal on the A 
basis of their appointment under the unamended Rules 
and under the amended Rules and that the members of 
the Administrative Tribunal, who were duly appointed as 
members prior to the commencement of the Amendment 
Act, i.e. 19.02.2007, were to be considered for B 
reappointment by Selection Committee; thats. 10A 
stipulated that the total term of office of the member of, .. 
the Central Administrative Tribunal shall not exceed 10 
·years though by the said amendment the age of' 
superannuation for a member is raised from 62 to 65 ·c 
years; that the newly inserted s. 6(2) modified the 
qualifications for appointment as administrative members; 
that the newly added s. 12(2) authorised the appropriate 
Government to designa

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