DURGADAS PURKYASTHA Vs. UNION OF INDIA
SUPREME COURT OF INDIA (FROM: CALCUTTA)
UNION OF INDIA
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Rajendra Babu, J. -
(1.)By an order made on August 30, 1996 the Government of India appointed the petitioner, who was District and Sessions Judge in West Tripura, Agartala, as a Judicial Member in the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal'). It was indicated in the said order that the appointment of the petitioner will be for a period of five years from the date of joining or till he attains the age of sixty-two years whichever is earlier. The petitioner made a representation that he is eligible for re-appointment after expiry of the term of five years until he attains the age of sixty-two years as has been indicated by this Court in Sampath Kumar etc. vs. Union of India and Ors., (1987) 1 SCR 435. The Department of Personnel informed the petitioner of the amended provisions of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act') to the effect that a person whose term has expired will be eligible for consideration for re-appointment.
(2.)On 22-3-2001, the petitioner represented to the Chairman, CAT and the Secretary, DOPT for consideration of his re-appointment as Member with effect from 7-10-2001. He also made similar further representation on 1-5-2001 and 14-5-2001 to the Chairman, CAT and to the Secretary, DOPT on 18-5-2001, 3-7-2001 and 4-7-2001. He made a demand on 1-8-2001 to the similar effect.
(3.)The petitioner filed an application under Section 19 of the Act claiming that he is entitled to continue to hold the office as a Judicial Member until he attained the age of sixty-two years and sought for various incidental reliefs. At a stage when the matter was heard and reserved for orders, that application came to be withdrawn to the file of the Principal Bench of the Tribunal by an order made by the Chairman. Challenge to the transfer of the petition made in the High Court of Calcutta was dismissed for want of jurisdiction.
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