Staff Appointments and Service Conditions Need Immediate Attention: SC Flags Urgent Issues in Tribunals

Staff Appointments and Service Conditions Need Immediate Attention: SC Flags Urgent Issues in Tribunals

Today, the Supreme Court orally highlighted two pressing concerns regarding tribunals across the country: the appointment of staff and the service conditions, both of which require immediate attention.

A bench comprising Justices Surya Kant and N.K. Singh was hearing a batch of petitions that broadly addressed multiple issues concerning tribunals across India, including case pendency, vacancies, infrastructure, and service conditions of tribunal members.

During the hearing, Justice Surya Kant raised concerns about the appointment of staff on a contractual basis through private agencies.

He said: "One important issue, probably in respect of all tribunals is that we are providing them the basic infrastructure-the judgment writers...I am Chairperson of the committee for one of these tribunals that deals with matter involving millions and thousands of crores. Now, the entire deputation came to me, met me, pointing out that we are permitted to engage staff on a contract basis. If tomorrow, someone takes away file of the case, who is going to protect us? So, I suggested one of your ministers that why don't you go for taking people on deputation while on Government service. They will be responsible people."

Justice Surya Kant advised Attorney General R. Venkataramani that tribunal staff should be appointed on a deputation basis rather than through contractual arrangements. Alternatively, he proposed engaging retired government officers, emphasizing that this approach would offer greater security and safeguard the records entrusted to the staff.

Justice Kant added: "Now, getting from private agencies, what kind of employees will come? How much can you entrust them with original records? These are very sensitive issues. You have to understand the nature of Court working. The tribunal has the same kind of system. Today, if we have unknown staff here. Please identify all these issues and collate them. "

Justice Surya Kant also addressed concerns regarding service conditions. Senior Advocate Arvind Datar highlighted a significant issue faced by all NCLTs, stating that the four-year appointment tenure is proving ineffective. He remarked, "This kind of four-year appointment is not working out."

Stating that tribunals have become a reality which shares an enormous burden from the Courts, Justice Kant orally remarked: "Good candidates are not coming forward...We have offered to retired judges requesting them, please accept. They are declining only because of the conditions of service."

He also orally remarked that in terms of transfer and positing, the institutions need "internal inner-strengthening" of all tribunals. He stated that the Court expects the Union to come out with some "effect modicum" on this. He said: "Strengthening is very important so that litigants also have confidence in it."

Acknowledging the significance of the issues raised, the Court announced that it would review the matter every fortnight.

Case Details: MADRAS BAR ASSOCIATION Vs UNION OF INDIA|W.P.(C) No. 1018/2021

 

 

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