9911796707
TMI Blog1990 (8) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... y and other conditions of service. It is further contended that a distinction has been made in the conditions of service, particularly the pay and age of superannuation between the Vice-Chairmen and the Members, which is arbitrary and therefore, the Members also should be given the same pay as the Vice-Chairmen and their age of superannuation should also be the same i.e. 65 years as that of the Vice-Chairmen. It is urged that the judicial functions discharged by the Vice-Chairmen and the Members of the Central Administrative Tribunal are the same and therefore, the principle of equal pay for equal work applies. Violation of Article 14 of the Constitution is alleged on this basis. Part XIV-A containing Articles 323-A and 323-B were inserted in the Constitution of India by the Constitution (Forty-second Amendment) Act, 1976 enabling the setting up of Administrative Tribunals and Tribunals for other matters by legislative enactments. The Central Administrative Tribunal has been constituted under Section 4 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the Act ) with a Chairman, Vice-Chairmen and Members-judicial and administrative. The qualifications fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... path Kumar s case (supra) and now stand amended in accordance with the observations of this Court in that decision. The Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairmen and Members) Rules, 1985 (hereinafter referred to as the rules ) were framed in exercise of the powers conferred by Section 35(2)(c) of the Administrative Tribunals Act, 1985. Rule 3 therein, as it now exists, specifies ₹ 9,000 p.m. as the pay of the Chairman; ₹ 8,000 p.m. as the pay of the Vice-Chairman; and the pay scale of ₹ 7300-100-7600 per mensem for a Member. As earlier indicated, the age of superannuation prescribed in Section 8 of the Act for the Chairman and Vice Chairman is 65 years and for any other Member, 62 years. The petitioner s grievance is that the pay of any other Member of the Tribunal and his age of superannuation should be ₹ 8,000 p.m. and 65 years respectively as in the case of Vice-Chairmen, since the Members and Vice-Chairmen discharge identical judicial functions. The question is: Whether the principle of equal pay for equal work , relied on by the petitioner, is applicable to this situation or there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of superannuation cannot be granted- For this reason, it was urged on behalf of the petitioner that the relief may be suitably moulded to grant the same benefit for the Members of the Tribunal if the allegation of hostile discrimination is accepted. it is not necessary for us to deal further with this aspect since we have no doubt that the plea of violation of Article 14 of the Constitution, raised by the petitioner, is untenable and must fail. The sheet-anchor of petitioner s case is the decision of this Court in Sampath Kumar s case (supra). We will presently show that the decision in Sampath Kumar s case (supra) does not support the petitioner s claim in this petition. It is significant to note that the age of superannuation of High Court Judges is 62 years while that of the Chairman and Vice-Chairman of the Tribunal is 65 years and of any other Member is 62 years. No attempt has been made on behalf of the petitioner to justify the fixation of age of superannuation of the Chairman and the Vice-Chairman as 65 years if they are to be equated with the Chief Justice and sitting judges of the High Court who retire at the age of 62 years only. In respect of the age of superannuation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that the Chairman has additional administrative functions to discharge. Part XIV-A of the Constitution of India containing Articles 323-A and 323-B provides for the constitution of administrative and other tribunals for the purpose of adjudication or trial by these tribunals of disputes relating to matters specified therein. Article 323-A deals with administrative tribunals to be constituted for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other specified authority. The law enacted by. the Parliament for this purpose may provide for all matters relating to the constitution and functions of the Administrative Tribunals as well as for exclusion of jurisdiction of all courts, except the jurisdiction of the Supreme Court of India, with respect to the matters required to be adjudicated by the Administrative Tribunal. It is for this purpose that the Administrative Tribunals Act, 1985 has been enacted and Section 28 therein excludes the jurisdiction of all courts except the Supreme Court or any Industrial Tribunal, Labour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chairman, Vice-Chairman and Members are specifically provided in this manner and from the scheme it is evident that the Chairman, Vice-Chairman and Members are not treated as one class for this purpose by the very enactment which provides for the establishment of the Tribunals. Such elaborate provisions were unnecessary if the Tribunal was equated with the High Courts and its Members with High Court Judges. Similarly, a higher age of superannuation could not have been prescribed for the Chairman and Vice-Chairman of the Tribunal. Article 323-A of the Constitution itself envisages different provisions in this behalf and not the same as. that of the High Courts which is the assumption made in the petitioner s contention. In fact, the provisions of the Act indicate that there is no intention of equating the Chairman, Vice-Chairman and Members of the Tribunal with the Chief Justice and Judges of the High Courts for purposes other than those expressly provided in respect of jurisdiction, power etc. Section 17 of the Act is a significant indication. By Section 17, the Tribunal has been given the power to punish for contempt of itself and it is provided that for this purpose the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunals Act, 1985, itself makes a distinction between the Chairman, Vice-Chairman and Members. The age of superannuation of the Chairman and Vice-Chairman is 65 years while that of the Members is 62 years. Similarly, there is difference in their salaries. They are not treated to be in one class for this purpose by the Act itself. It cannot, therefore, be said that all of them constitute one class since the Tribunal is one. The case of the Chairman was distinguished by learned counsel on the basis that his position was akin to that of the Chief Justice of the High Court. However, the age of superannuation of the Chief Justice and the puisne Judges of the High Court is the same which pattern is not maintained in the Act. A provision is made in the Act for discharge of certain administrative functions of the Chairman by the Vice-Chairman and not by the Members and similarly, there is provision only for the Vice-Chairman to fill a casual vacancy. The foundation of initial equality on which the argument of discrimination is based, is non-existent. The parent statute itself shows that they were not born equals. There is also no merit in the casual argument that there is a proposal for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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