KUDRAT SANDHU versus UNION OF INDIA AND ANR.

Citation: [2018] 10 S.C.R. 956 · Decided: 21-08-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off
Cited by 1 judgment(s) · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
956
SUPREME COURT REPORTS
[2018] 10 S.C.R.
KUDRAT SANDHU
v.
UNION OF INDIA AND ANR.
(Writ Petition (C) No. 279 of 2017)
AUGUST 21, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Tribunal: Age of superannuation – CESTAT – Member
(Judicial) – A person selected as Member of the CESTAT shall
continue until the age of 62 years while a person holding the post
of President shall continue until the age of 65 years.
Tribunal: Age of superannuation – AFT – 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.
CAT: In the case of the Central Administrative Tribunal, the
old rules/provisions shall continue to apply.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 279
of 2017
Under Article 32 of the Constitution of India
WITH
W.P. (C) Nos. 558/2017, 561/2017, 640/2017, 1016/2017, 788/2017,
925/2017, 1098/2017, 1129/2017, 33/2018, 205/2018, 467/2018, T.C. (C)
Nos. 49/2018 and 51/2018.
K. K. Venugopal, AG, Ms. Aishwarya Bhati, AAG, Ashok Kumar
Panda, Arvind P. Datar, Sidharth Luthra, Amarendra Sharan, Mrs. Prem
Lata Bansal, Sr. Advs., Tejaswi Kumar Pradhan, Satyabrata Panda,
Manoranjan Paikaray, Aniruddha Purushotham, Shashwat Panda, Nikhil
Nayyar, N. Sai Vinod, Dhananjay Baijal, Divyanshu Rai, Karan Batura,
Ms. Anushree Prashit Kapadia, Arun Monga, Ms. Divya Sharma,
Ms. Mayuri Raghuvanshi,  Ms. Ruchira Goel, Muhammad A. Khan,
R. V. Prabhat, Abishek Jebraj, Nikhil Swami, Omar Hoda, A. K. Behera,
V. K. Verma, Mrs. Priya Hingorani, Kripa Shankar Prasad, Rupesh
956
[2018] 10 S.C.R. 956
A
B
C
D
E
F
G
H
957
Kumar, Rajeev Sharma, Pravesh Bahuguna, Karbppaiah Meyyappan,
Anand Varma, Ms. Shubhanghi Jain, Ms. Manpreet Kaur, K. Krishna
Kumar, Annam D. N. Rao, A. Venkatesh, Sudipto Sircar, Rahul Mishra,
Ms. Diksha Rai, Ms. Palak Mahajan, R. Balasubramanian,
S.S. Shamshery, Ms. Rukhmani Bobde, Harish V.Shekhar, Ms. Shradha
Deshmukh, Rohit Bhat, Ms. Aarti Sharma, Santosh Kr. Vishwakarma,
Arvind Kumar Sharma, G. S. Makker, Raj Bahadur Yadav, Mukesh Kumar
Maroria, Mrs. Anil Katiyar, Vishnu B.Saharya, Viresh B. Saharya (for
M/s Saharya & Co.), Jagjit Singh Chhabra, Puspraj Singh, Ms. Chitrangda
Rastravara, Ms .Smitakshi Talukdar, Rahul Jain, Zoheb Hossain, Ashok
Mathur, Ajay Veer Singh Jain, Ms. Mamta Jain, Uday Ram Bokadia,
Ms. Divya Garg, Sonal Jain, Ajay Bansal, Gaurav Yadava, Mrs. Veena
Bansal, Nachiketa Joshi, Ms. Sucheta, Ujjaval Kumar, Advs. for the
appearing parties.
The Judgment of the Court was delivered by
DR. D. Y. CHANDRACHUD, J. 1. By an order dated 20 March
2018, we had clarified the previous order dated 9 February 2018. Clause
(iii) of the clarifications is relevant and reads as follows:
“(iii) The tenure of the Chairperson and the Judicial/
Administrative/Expert/Technical Members of all the Tribunals
shall be for a period of five years or the maximum age that was
fixed/determined under the old Acts and Rules;”
On 16 July 2018, this Court issued the following directions in regard to
the age of the superannuation of Member of the Income Tax Appellate
Tribunal:
“At this juncture, we may note that there is some confusion with
regard to the Income Tax Appellate Tribunal (ITAT) as regards
the age of superannuation. We make it clear that the person
selected as Member of the ITAT will continue till the age of 62
years and the person holding the post of President, shall continue
till the age of 65 years.”
CESTAT:
2. In IA 113281 of 2018, the applicant is an Additional District and
Sessions Judge in the State of West Bengal, who has been selected as
Member (Judicial) in the CESTAT.  The notification of appointment of
six officers who have been selected as Member (Judicial), including the
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
A
B
C
D
E
F
G
H
958
SUPREME COURT REPORTS
[2018] 10 S.C.R.
applicant, stipulates that they shall hold office for a period of five years
or till attaining the age of 62 years, whichever is earlier “in terms of the
Hon’ble Supreme Court’s order dated 20 March 2018".  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 e
Excerpt shown. Read the full judgment & AI analysis in Lexace.