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2020 (10) TMI 953 - SCH - Indian LawsDirection to the respondents to make appointments against all vacant posts in the Consumer Forum - relief of extension of the term of Shri O.P. Gupta as Member (Judicial), State Consumer Disputes Redressal Commission, Delhi till appointments are made - HELD THAT - The applicant was appointed as a Member (Technical) in CESTAT on 29.3.2018. According to Rule 16 of 1987 Rules, the age of superannuation of a Member is 62 years - The applicant is sought to be retired on 9.8.2020 by applying the old Rules. It is submitted by Mr. C.S. Vaidyanathan, learned senior counsel that the applicant is entitled to continue for a period of four years in accordance with Tribunal, Appellate tribunal and other Authorities (Qualification, Experience and other conditions of Service of Members) Rules, 2020 ( 2020 Rules ). For the present, we extend the term of the applicant for a period of three months. A status report relating to the appointments to the posts of Members of Central Administrative Tribunal shall be filled before the next date of hearing. List the I.A. s on 7.9.2020.
Issues:
1. Appointment against vacant posts in the Consumer Forum. 2. Extension of term for Member (Judicial) at State Consumer Disputes Redressal Commission, Delhi. 3. Retirement age and extension for Member (Technical) at CESTAT. 4. Delay in appointments at Central Administrative Tribunal. Analysis: 1. The judgment addresses an application filed by the Delhi State and District Consumer Courts Practitioners Welfare Association seeking directions for appointments against all vacant posts in the Consumer Forum. Additionally, the extension of the term of Shri O.P. Gupta as Member (Judicial) at the State Consumer Disputes Redressal Commission, Delhi is requested until appointments are made. The court issued notice on the application and extended Shri O.P. Gupta's term for six months, listing the application for further hearing on 18.8.2020. 2. Another application for intervention was allowed concerning the retirement age and extension for a Member (Technical) at CESTAT. The applicant faced premature retirement under old rules despite being entitled to continue for four years as per the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other conditions of Service of Members) Rules, 2020. The court extended the applicant's term for three months and directed a status report on pending appointments at the Central Administrative Tribunal to be filed before the next hearing on 7.9.2020. 3. The legal counsels highlighted the issue of delays in making appointments even after the completion of selections and recommendations by the Selection Committee. The court directed the Registry to list a related Writ Petition for admission on 10.8.2020, emphasizing the importance of addressing the appointment delays at the Central Administrative Tribunal. The judgment reflects the court's proactive approach in ensuring timely appointments and extensions in the judicial system to maintain efficiency and uphold the rule of law.
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