Recruitment of Administrative Members for Central Administrative Tribunal

D.O.No.A.11013/15/2007-AT

भारत सरकार
कार्मिक, लोक शिकायत तथा पेंशन मंत्रालय
नार्थ ब्लाक, नई दिल्ली-110001
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS
NORTH BLOCK, NEW DELHI-110001

SECRETARY
Tel. : 23094848
8th June, 2007

Dear

Eight vacancies of Administrative Members in the Central Administrative Tribunal are
anticipated between 1st July, 2007 and 31st December, 2007

1. Sub-sections (2) and (3) of Section 8 of the Administrative Tribunals Act, 1985 as
   amended by the Administrative Tribunals (Amendment) Act, 2006 provide that-

“(2) A Member shall hold office as such for a term of five years from the date on which he
enters upon his office extendable by one more term of five years:

Provided that no Member shall hold office as such after he has attained the age of
sixty-five years.

(3) The conditions of service of Chairman and Members shall be the same as applicable to
Judges of the High Court.”

1. Sub-section 2(a) of Section 6 of the Administrative Tribunals Act, 1985 as amended by
   the Administrative Tribunals (Amendment) Act, 2006 (No.1 of 2007) provides that-

“(2) A person shall not be qualified for appointment,-

(a) as an Administrative Member, unless he has held for at least two years the post of
Secretary to the Government of India or any other post under the Central or State
Government and carrying the scale of pay which is not less than that of a Secretary
to the Government of India for atleast two years or held a post of Additional
Secretary to the Government of India for atleast five years or any other post under
the Central or State Government carrying the scale of pay which is not less than
that of Additional Secretary to the Government of India atleast for a period of five
years;”

Provided that the officers belonging to All-India services who were or are on
Central Deputation to a lower post shall be deemed to have held the post of
Secretary or Additional Secretary, as the case may be, from the date such officers
were granted proforma promotion, or actual promotion whichever is earlier to the
level of Secretary or Additional Secretary, as the case may be, and the period spent
on Central deputation after such date shall count for qualifying service for the
purposes of this clause;”

Contd….p.2/-4. It is requested that the names of eligible officers who have special knowledge and experience of dealing with establishment matters and service laws and are willing to be considered for the post of Administrative Member in the Central Administrative Tribunal may be communicated. While forwarding the names, brief service particulars/bio-data (in the enclosed proforma) of the persons recommended may be sent so as to reach this Department not later than the $30^{\text {th }}$ July, 2007. Further, it may also be clearly stated that such officer(s) is/are clear from vigilance angle. In case any penalty had been imposed in the past against any officer under the relevant Service Rules, the details of the same may also be furnished. Original CR dossiers, failing which certified copies of Confidential Reports for the last ten years in respect of recommended officers, may also be sent positively along with the names. It will not be possible to consider names received after the due date.
5. Section 10A of the Administrative Tribunals Act, 1985 as inserted by the Administrative Tribunals (Amendment) Act, 2006 provides that-
“10A. The Chairman and Member of a Tribunal appointed before the commencement of the Administrative Tribunals (Amendment) Act, 2006 shall continue to be governed by the provisions of the Act, and the rules made thereunder as if the Administrative Tribunals (amendment) Act, 2006 had not come into force:

Provided that, however, such Chairman and the Members appointed before the coming into force of Administrative Tribunals (Amendment) Act, 2006, may on completion of their term or attainment of the age of 65 or 62 years, as the case may be, whichever is earlier may, if eligible in terms of Section 8 as amended by the Administrative Tribunals (Amendment) Act, 2006 be considered for a fresh appointment in accordance with the selection procedure laid down for such appointments subject to the condition that the total term in office of the Chairman shall not exceed five years and that of the Members, ten years.” Current Members who are finishing their term between $1^{\text {st }}$ July to $31^{\text {st }}$ December, 2007, would be eligible to apply if fulfilling the other conditions.

The candidature of eligible Members of the Central Administrative Tribunal willing to be considered for a fresh appointment may accordingly be recommended by the Chairman, Central Administrative Tribunal.
6. The aforesaid eight vacancies of Administrative Members are one each at Ahmedabad, Allahabad, Bombay, Lucknow, Madras, Patna and two vacancies at the Principal Bench of the Tribunal. However, the selected persons are liable to be posted to any place having a Bench of the Central Administrative Tribunal and the appointment shall carry an All India transfer liability. The number and places of vacancies indicated are subject to change.
7. Quite often, the persons recommended for such consideration insist upon a particular place of posting in the eventuality of selection. It is to be made clear to all prospective candidates that even though specified preferences are kept in view while offering appointments to candidates who are selected after due process but preferences are not to be treated as deterministic options8. It has also been our experience in the past that sometimes persons selected for appointment seek extension of time on one pretext or the other and decline the offer later without any cogent reason. This vitiates the entire exercise of these selections. It is, therefore, requested that particulars of only those persons may be forwarded who, if selected, are willing to join in any Bench of the Central Administrative Tribunal and whom the concerned authority will be in a position to relieve within three weeks by relaxing the requirement of notice period for voluntary retirement in the eventuality of their actual appointment.
9. Since the selection process has already been completed for the vacancies for which candidatures were sought earlier, the names of such persons whose names were forwarded earlier and are still intended for consideration, should be sent afresh as no consideration will be given to previous nominations in the present selection exercise.

With regards,

Encl. : As above

Yours sincerely,
Razdan
(RAJNI RAZDAN)# PARTICULARS/BIO-DATA FOR THE POST OF ADMINISTRATIVE MEMBER IN CENTRAL ADMINISTRATIVE TRIBUNAL

1. NAME
2. DATE OF BIRTH
3. EDUCATIONAL QUALIFICATIONS
4. POST APPLIED FOR
5. WHETHER THE CANDIDATE IS (* Strike out whichever is not applicable)
   (a) A Member of All -India Service or,
   (b) A Member of any Central Service or,
   (c) A Member of Indian Legal Service or,
   (c) Any other category/service (Please indicate details)
   (a) In the case of an All India Service please indicate the name of the Service, concerned cadre and the year of allotment.
   (b) In the case of other Central Services and Indian Legal Service, the name of the service and year of allotment, along with the date from which in Grade 1 or Group A or Class 1 as the case may be.
   (c) In the case of any State Service, the name of the state, service and the date from which the candidate is in Grade 1 or Group A or Class 1 as the case may be.
6. DATE OF SUPERANNUATION FROM PRESENT SERVICE
7. PRESENT POSTING (ALONG WITH THE DESIGNATION) WITH OFFICE AND RESIDENTIAL ADDRESS AND TELEPHONE NUMBER-OFFICE/RESIDENCE
8. WHETHER QUALIFIED FOR APPOINTMENT AS
   (a) a person who has, for at least for two years held the post of a Secretary to the Government of India or its equivalent or,
   (b) a person who has for at least for five years, held the post of an Additional Secretary to the Government of India or its equivalent.
   (* Strike out whichever is not applicable)
9. THE DETAILS OF POST (S) HELD DURING LAST 10 YEARS( INCLUDING PROFORMA PROMOTION IF ANY) MAY PLEASE BE INDICATED IN THE ASCENDING ORDER i.e. FROM LOWER POST TO THE HIGHER ONE, WITH SPECIFIC DATES AND THE PAYSCALE OF THE POST (S)
10. DETAILS OF SPECIAL KNOWLEDGE AND EXPERIENCE IN DEALING WITH ESTABLISHMENT MATTERS AND SERVICE LAWS.
11. PREFERENCE, IF ANY, FOR PLACE (S) OF POSTING. (in serial order)