Expedite appointment of Chairperson of Kerala Administrative Tribunal: Kerala High Court to Central Government

The Kerala High Court has directed the Cabinet Appointments Committee to expeditiously make recommendation for appointment of chairperson of the Kerala Administrative Tribunal (The Kerala Administrative Tribunal Ernakulam Advocates Association v. Union of India)..The same has to be done within three weeks, a Bench of Justices A Muhamed Mustaque and Kauser Edappagath directed. .The order was passed on a petition filed by Kerala Administrative Tribunal Ernakulam Advocates Association (KATEAA) highlighting an 8-month delay in filling up the chairperson post of Kerala Administrative Tribunal (KAT). .The petitioners submitted that they apprehend the activities of KAT coming to a halt due to the delay in appointing chairperson. The previous chairperson, Justice TR Ramachandran Nair had completed his term on September 15, 2020 and another administrative member, Somasundaran, retired on May 26, 2021, it was submitted. Two other judicial members will complete their terms on July 19, 2021, it was added. The petitioners also highlighted that a proposal for appointment of chairperson was forwarded by the State Government on July 27, 2020. .The Court noted that the proposal was referred to the Chief Justice of India (CJI) for consultation in terms of Section 6(3) of the Administrative Tribunals Act, 1985 and a response was received from the CJI on February 5, 2021. Assistant Solicitor General, representing the Central government, submitted that the recommendation for the chairman of KAT requires approval of the Competent Authority and that the Cabinet Appointment Committee is the final authority to decide on the same..The Court noted that since two more judicial members are due to retire in July 2021, the entire functioning of the KAT could come to a halt..The Court, therefore, proceeded to direct that the appointment of chairperson be made expeditiously. "In such circumstances, an expeditious decision on the recommendation of appointment of the Chairman is required. It is appropriate that the decision is taken on the recommendation by the competing authority within a period of three weeks. Any selection process, pursuant to the notification, for the selection of administrative members will be subject to the outcome of this writ petition," the order said. .The case will be heard again after 3 weeks. .[Read Order]