2013 (10) TMI 1206 - HC - Indian Laws

Accommodation after appointment - Accommodation to retired officers employed after retirement - Held that - It appears that there are large number of Administrative Tribunals which are required to dispense justice to a large number of persons in the State of Maharashtra. Apart from Sales Tax Tribunal, there are other Tribunals and it appears that so far the policy of the State Government is not to give official accommodation to members of such Tribunals if they are retired Administrative Officers / Police Officers / Judicial Officers. Official accommodation is being provided to only those who are in service before reaching the age of superannuation. This Court fails to understand why the State Government should not provide official accommodation to the members of Administrative Tribunals even if they have retired and are now employed after their retirement - The State Government shall therefore consider providing official accommodation to the members of Administrative Tribunals even if such members are employed after their retirement from Administrative Service / Police Service / Judicial Service - Decided in favour of Appellant. Shortage of employees - Held that - against the strength of 10, there are only 3 persons manning the post of President and members of the Maharashtra Sales Tax Tribunal at Mumbai - retired Administrative Officers / Police Officers / Judicial Officers would be willing to accept the assignment only if they are given official accommodation and, therefore, let the State Government first decide the question of providing official accommodation to the members from amongst the retired persons - Decided in favour of Appellant.

Summary

Issues: Official accommodation for retired members of Administrative Tribunals, Vacancies in the Maharashtra Sales Tax Tribunal

Official Accommodation Issue:
The petitioner Association raised concerns regarding the lack of official accommodation for retired members of Administrative Tribunals in Maharashtra. The Court acknowledged the seriousness of the issue, noting that the State Government's policy only provided accommodation to serving members, not retirees. The Court questioned this policy and directed the State Government to consider providing official accommodation to retired members, including those employed after retirement from Administrative, Police, or Judicial services. The Court emphasized the importance of addressing this issue to ensure the smooth functioning of the Tribunals.

Vacancies in Maharashtra Sales Tax Tribunal Issue:
Another major issue highlighted was the significant shortage of members in the Maharashtra Sales Tax Tribunal. Out of the sanctioned strength of 10 members, only one President (a retired Judicial Officer) and 2 administrative members were currently in place. The Court deemed this shortage as a serious matter and instructed the State Government to take immediate steps to fill the vacant positions. The Court emphasized the urgency of addressing this issue, especially considering the high number of pending appeals before the Tribunal. The matter was adjourned to 25 November 2013 for further review and action.