Kudrat Sandhu vs Union of India and Anr.

Court

Supreme Court of India

Date

21 August 2018

Case No.

Writ Petition (C) No. 279 of 2017

Result

Disposed

Bench

Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Citation

[2018] 10 S.C.R. 956 : 2018 INSC 185

Headnote

Tribunal: Age of superannuation – CESTAT – Member (Judicial) – A person selected as Member of the CESTAT shall continue until the age of 62 years while a person holding the post of President shall continue until the age of 65 years. Tribunal: Age of superannuation – AFT – Members of the Armed Forces Tribunal shall hold office until the attainment of the age of 65 years – Chairpersons who have been former Judges of the Supreme Court shall hold office until the attainment of the age of 70 years.

CAT: In the case of the Central Administrative Tribunal, the old rules/provisions shall continue to apply.

The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J. 1. By an order dated 20 March 2018, we had clarified the previous order dated 9 February 2018. Clause (iii) of the clarifications is relevant and reads as follows: “(iii) The tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was fixed/determined under the old Acts and Rules;” On 16 July 2018, this Court issued the following directions in regard to the age of the superannuation of Member of the Income Tax Appell

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