KUDRAT S Vs. UNION OF INDIA AND ANR
LAWS(SC)-2018-2-135
SUPREME COURT OF INDIA
Decided on February 22,2018

Kudrat S Appellant
VERSUS
Union Of India And Anr Respondents

JUDGEMENT

- (1.) On 9 February 2018, an interim order was passed by this Court after considering the suggestions filed during the course of hearing. The suggestions read as follows: "1. Staying the composition of Search-cum-Selection Committee as prescribed in Column 4 of the Schedule to the Tribunal, Appellate Tribunal and Other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017 both in respect of Chairman/Judicial Members and Administrative Members. A further direction to constitute an interim Search-cum Selection Committee during the pendency of this W.P. in respect of both Judicial/Administrative members as under : a. Chief Justice of India or his nominee - Chairman b. Chairman of the Central Administrative Tribunal - Member c. Two Secretaries nominated by the Government of India - Members 2. Appointment to the post of Chairman shall be made by nomination by the Chief Justice of India. 3. Stay the terms of office of 3 years as prescribed in Column 5 of the Schedule to the Tribunal, Appellate Tribunal and other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017. A further direction fixing the term of office of all selectees by the aforementioned interim Search-cum Selection Committee and consequent appointees as 5 years. 4. All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall be with conditions of service as applicable to the Judges of High Court. 5. A further direction to the effect that all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees as Chairman/Judicial/Administrative members for a term of 5 years with conditions of service as applicable to Judges of High Court shall not be affected by the final outcome of the Writ Petition."
(2.) The learned Attorney General had no objection to the above suggestions being adopted as an interim arrangement to govern the selections to all tribunals, except for the fourth and fifth suggestions recorded above. The Learned Attorney General suggested that the above two suggestions may be re-cast as follows: "4. All appointments to be made in pursuance to the selection made by the interim Search-cum-Selection Committee shall abide by the conditions of service as per the old Acts and the Rules. 5. A further direction to the effect that all the selections made by the aforementioned interim selection committee and the consequential appointment of all the selectees as Chairman/Judicial/Administrative members shall be for a period as has been provided in the old Acts and the Rules."
(3.) The Court accepted the suggestions together with the modifications which were desired by the Attorney General. The operative direction reads thus: "In view of the aforesaid, we accept the suggestions and direct that the same shall be made applicable for selection of the Chairpersons and the Judicial/Administrative/Technical/Expert Members for all tribunals.";


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