H.A.T. YET TO BECOME OPERATIONAL DUE TO STAY GRANTED BY HIGH COURT,NEITHER JUDICIAL NOR ADMINISTRATIVE MEMBERS APPOINTED, ALSO PROCEDURAL RULES YET TO BE NOTIFIED– HC ADVOCATE

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It has been over three and a half years since Haryana Administrative Tribunal (H.A.T.) was notified by the Centre on the request of Haryana Government on 24 July 2019. The same day Justice Sneh Prashar (Retired), a former Judge of Punjab & Haryana High Court was appointed as its Chairperson by the Central Government at a fixed salary of Rs. 2.25 lakh per month for a period of five years from the date of assumption of charge or upto attaining age of 68 years or till further orders, whichever is earliest. She joined as Chairperson of H.A.T. the very next day on July 25, 2019.   

Meanwhile, an Advocate at Punjab & Haryana High Court Hemant Kumar points out that the irony is that although Chairperson of H.A.T. Justice Sneh Prashar (Retd) has been regularly getting her full pay coupled with other benefits/facilities since past three and half years but as far as working H.A.T. is concerned, it is yet to even become operational as a day after its Notification, the Bar Association of Punjab and Haryana High Court on 25 July 2019 went on indefinite strike (work suspension) against the notification constituting H.A.T. A week later, on Aug 2, 2019, a three Judge Bench of High Court headed by then Chief Justice Krishna Murari deferred the implementation of the aforesaid notification and ordered that service related cases/matters of officers/officials of Haryana Government shall continue to be entertained by High Courty as well District Court till further orders.

Thereafter, a Committee headed by Chief Secretary and including certain senior officers as well as representatives of employee unions and bar council/association was also constituted by Haryana Government to remove the impasse over setting up of H.A.T. The Committee deliberated for over three years and its report was als filed in the High Court last year. However, no fresh date is being displayed on HC website for next hearing in this matter. 

Hemant also pointed out that due to the aforementioned stay of HC, even appointment of Judicial and Administrative Members in the Tribunal has been stalled till date. Also the Procedural Rules f are yet to be notified. Consequently, H.A.T. has turned into a defunct body (read a sort of White Elephant) since past three and a half years although expenditure is being incurred by the State Government on the salary and attached staff etc. of its C’ person who is however not discharging any sort of work as on date. 

Hemant also pointed out that due to the aforementioned stay of HC, even appointment of Judicial and Administrative Members in the Tribunal has been stalled till date. Also the Procedural Rules f are yet to be notified. Consequently, H.A.T. has turned into a defunct body (read a sort of White Elephant) since past three and a half years although expenditure is being incurred by the State Government on the salary and attached staff etc. of its C’ person who is however not discharging any sort of work as on date. 

Further, as per order of appointment of Chairperson, her conditions of service are to be governed by provisions of Administrative Tribunals Act, 1985 as amended in 2006 subject to final decision of Central Government for application of Tribunal Rules, 2017, which was then though pending adjudication in the Supreme Court.

The aforesaid Rules were re-framed in the year 2020 after Apex Court set aside the 2017 Rules. This was followed by enactment of Tribunal Reforms Act, 2021 by Parliament as well as framing of Tribunal (Conditions of Service) Rules, 2021 thereunder. Under the same, the Salary of Chairperson of Administrative Tribunal has been specified as Rs. 2.50 lakh per month i.e. rupees twenty five thousand more than on what Justice Prashar was initially appointed. Also as per current provisions, she can continue to hold the post until July, 2023 i.e. till four years of assuming office or age of 70 years whichever is earlier although Central Government can remove her prematurely too. 

Hemant also said that after the Judgment of Constitution bench of Supreme Court in L. Chandra Kumar case (1997), the orders/ judgments of both Central as well as State Administrative Tribunals are subject to writ jurisdiction of respective High Courts, hence the basis purpose of constitution of such Tribunals is itself defeated since these were constituted so that employees of Central/State can approach CAT/SAT for all kinds of their service related matters rather than knocking at the doors of HCs or District Courts. He also told that after establishment of H.A.T. in July 2019, three States viz. Himachal Pradesh, Odisha and Andhara Pradesh have rather got their respective SATs abolished from the Central Government. Haryana should also follow suit.