- (1.)The present appeal impugns the order dated 04.03.2013 passed by a Single Judge of this court in writ petition being W.P.(C) No.1761/2012. The learned Single Judge has interpreted the provisions of Sections 5, 7 and 10 of the Railway Claims Tribunal Act, 1987 (hereinafter referred as the 'Act') and held that as per the said provisions, a person who has completed his term as a member of the Railway Claims Tribunal would not be eligible for being appointed for a second term at the same post. The appellant is aggrieved by the impugned judgment inasmuch as he having completed his term as a member of the Railway Claims Tribunal had reapplied for another term and had been selected for the same. However, subsequent to his selection, the appellant has been denied the appointment to the post on account of the eligibility condition contained in Section 10 of the Act.
(2.)The short question before us is whether the provisions of the Act, in particular Section 10, renders a member of the Railway Claims Tribunal ineligible for being appointed for a second term as a member of the Tribunal.
(3.)The learned Single Judge considered the provisions of the Act and concluded as under:-
"9. From the aforesaid discussion, the following conclusions emerge:-

(i) Though it is undisputed that the petitioner was put at No.1 in the selection list by the committee of appointments, the petitioner is being denied appointment on the ground of the bar contained in Section 10(c) of the Act.

(ii) Section 10(c) with its various sub-Sections provide for the avenues which are open, and thus also the avenues which are not open, after a person's term of appointment either as a member or Vice-Chairman or Chairman of the Railway Claims Tribunal comes to an end. With respect to a Chairman, there is a bar for appointment under the Government of India or Government of State. With respect to Vice-Chairman besides the afore-stated bar, there is an additional bar for being appointed as a Vice-Chairman or Member of the Railway Claims Tribunal, and, with respect to a Member, there is a bar for being appointed under the Government of India or Government of State and also as a Member of the Railway Claims Tribunal."