Main recommendations/suggestions made by the All India Conference of Central Administrative Tribunal (CAT), hold in New Delhi on November 1, 2009 are as under: (i) To approach the Central Government to consider amending Article 227(4) of the Constitution which would facilitate appeals against the orders of the Tribunal before the Hon’ble Supreme Court of India directly as is done in respect of Armed Forces Tribunal as was the position before the L. Chandra Kumar Judgment in 1997.
(ii) It was indicated that Central Government may issue more notifications under Section 14(2) of the Administrative Tribunals Act bringing more institutions within the purview of the CAT, as it has expertise to deal with service matters.
(iii) More autonomy was suggested to be extended for the Tribunal. Powers similar to those vested in Chief Justices of High Courts, under Article 229 are urged to be conferred on the Chairman, CAT. In terms of the amendment in the Administrative Tribunals Act (Sub Section 3 of Section 8) the conditions of service of the Chairman and Members are the same as applicable to the Judges of High Courts. Officers and employees of the Tribunal may be allowed scales of pay, of their counter parts in High Courts.
(iv) A decision was taken to approach the appropriate authority to take a view whether a general guideline can be issued to authorize CAT to hear and dispose of cases of the State Govt. employees where there exists no State Administrative Tribunal.
(v) Creation of posts in a few grades essentially required for the smooth functioning of the Tribunal was also recommended. The DOP&T have been urged to take immediate steps in this behalf without adhering for any alternate like matching/saving etc. as these are required in order to make this institution more effective and result oriented.
(vi) Issue relating to creation and relocation of the Benches was also discussed but deferred since the matter requires a study and views of all the Benches. A few in-house administrative and financial matters were also discussed and deliberated upon.
The Conference was inaugurated by the Hon’ble Chief Justice of India Shri Justice K.G.Balakrishnan. The Union Minister for Law and Justice Dr. M.Veerappa Moily and the Minister of State for Personnel, Public Grievances & Pensions Shri Prithviraj Chavan also participated in the inauguration session of the Conference. Dr. Justice Mukundakam Sharma, Judge of the Supreme Court of India delivered a talk on ‘Service Law’.