Supreme Court Bars High Courts From Entertaining Tribunal Appointment, Tenure And Service Pleas Where Issues Are Pending Before It
From the Editor's Desk
The Supreme Court on Monday (February 9) instructed High Courts to refrain from hearing petitions on the appointment, tenure, or service conditions of tribunal members—under Central or State laws—where the issues involved are already pending before the apex court.
Acting on a request from Attorney General for India R Venkataramani, the Court also pulled to itself two matters currently before the Kerala and Calcutta High Courts relating to tribunal appointments.
A Three Judge Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria was considering an application challenging the Calcutta High Court’s February 4 order that had halted the functioning of the Central Administrative Tribunal (CAT) Circuit Bench at Port Blair. The High Court had reasoned that CAT members no longer held office after the Supreme Court struck down the Tribunal Reforms Act, 2021, last year.
During the hearing, the CJI clarified that the Supreme Court’s earlier ruling effectively extended members’ tenure from four years to five. "So the effect is that the members should continue," he said, a view the Attorney General supported, calling it "it was the pragmatic way of looking at it."
The bench subsequently stayed the Calcutta High Court’s order and instructed the CAT Chairperson to immediately depute the Port Blair circuit bench, so it could begin hearing matters on a day-to-day basis.
The Attorney General then pressed for the pending High Court matters to be shifted to the Supreme Court, warning of similar disputes arising nationwide. "we are going to have problems all over India."
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Allowing the request, the bench ordered: "Since the matter Re: Reforms of Tribunals is pending consideration before this Court, we deem it appropriate to transfer MAT 5/2026 pending before the High Court of Calcutta Circuit Bench at Port Blair and W.P(c) 46504/2025 pending before the Kerala High Court to this Court. We request all the High Courts not to entertain petitions with respect to the constitution, continuation or composition of National/State Tribunals to the extent to which issues pending consideration before this Court."
Case Title: CENTRAL ADMINISTRATIVE TRIBUNAL BAR ASSOCIATION KOLKATA Vs UNION OF INDIA
Case No.: W.P.(C) No. 662/2022.
Bench: Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria
