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Judgment
A. Muhamed Mustaque, J
Read our order dated 15/7/2021. It is submitted that a Chairman has been appointed and the learned Government Pleader submits that the Chairman will assume office on Monday (6/9/2021). As per order dated 15.7.2021, we allowed the present Judicial Members to continue till the appointment of the Chairman or till replacement of them by new members, whichever is earlier. If our order is allowed to be worked out, the term of the present Judicial Members will come to an end today. We cannot allow the stalemate that is likely to arise if both judicial members are not allowed to function.
Rule 10 of the Administrative Tribunals (Procedure for Appointment of members) Rules, 2011, empowers the Chairman to recommend the names of the present members with justification for extension of their term of appointment to the State Government in accordance with the provisions of sub-section (2) of Section 8. It is for the Chairman to take a decision to recommend the names of the present members or not. If the Chairman takes a decision to recommend, then the State Government can take a final call in this matter.
In view of the fact that there is no legal embargo for the present judicial members to continue up to the age of 65, we allow them to continue for a further period of 3 weeks awaiting decision of the chairman. In the meanwhile, we expect that the Chairman, on assumption of the charge, would take appropriate decision in accordance with Rule 10. If the Chairman does not want to recommend, certainly we will not be justified in allowing the present members to continue thereafter.
Post on 17/9/2021.