Lack of staff hits TAT functioning

By K. Ramachandran

CHENNAI, JAN. 26. The career of thousands of State Government employees appears to be in a perpetual limbo as the Tamil Nadu Administrative Tribunal (TAT), which ought to settle their cases, is throttled by its own problems.

More than 52,000 cases are pending disposal by the Tribunal with some cases remaining unsettled for over five years. Unfilled vacancies and lack of infrastructure have pushed the Tribunal into this plight.

The TAT now has one Bench functioning in Chennai. But it does not have an Administrative member and for the past six months, the Chairman, Mr. Justice S. M. Abdul Wahab, is disposing of cases alone.

Recently, a high-level committee, which met to review the vacancy position in the Tribunal, named a senior IAS candidate for appointment as administrative member of the existing TAT Bench. The committee comprising, Mr. Justice Abdul Wahab, the State Chief Secretary, the State Public Service Commission Chairperson and the Madras High Court Chief Justice, looked at the alternatives and suggested the IAS officer's name to the Government. Official sources say, the appointment order is expected to be issued next month.

Litigants and lawyers practising in the Tribunal note that States with lesser number of cases have two or three Benches. In fact, when the TAT was constituted in 1988, the original proposal was to constitute two Benches. But in the past decade, except for a brief three or four month period, the Tribunal has never had two Benches functioning simultaneously.

Enquiries reveal that the Vice-Chairman's post is likely to be filled in the next few months, by appointing a sitting Judge of the Madras High Court. This would mean that the Chairman and Vice-Chairman can sit in two Benches to dispose of cases.

The sources point out that even when the Chairman started his tenure six months ago, he had to reckon with a backlog of over 51,000 cases; this has only increased since. Everyday over 70 new cases were filed but now the number has decreased as the TAT tries to ensure that frivolous litigation is avoided.

The backlog includes 2,500 contempt cases, as a result some of the Government officials are not carrying out or one delaying the implementation of the Tribunal orders. This has not only resulted in delay in providing relief to Government employees who turn litigants by approaching the TAT, but added to the burden of the Tribunal.

Members of the TAT Bar Association note that because of the vacancies, the Tribunal is unable to take up anything other than admissions. In fact, final disposal of cases has dwindled drastically, notes, Mr. L. Chandrakumar of the TAT Bar Association, Chennai.

Another problem that dogs the TAT is the acute shortage of space. At present, even advocates do not have enough space inside the only court hall and litigants are forced to stand outside.

When Mr. Justice Abdul Wahab assumed office, he proposed to the High Court for shifting the Tribunal from its present premises at the City Civil Court building to the Court of Small Causes, which has larger court halls and more elbow room.

The Buildings Committee of the High Court has to meet and take a decision on shifting of the TAT. Once it moves there, officials hope to improve the facilities, including the library, by providing more books and computers.

Meanwhile, a Cuddalore-based advocate has moved the Madras High Court seeking a direction to the Government to fill the vacancies in the TAT expeditiously. The Court has ordered notice to the Government.

Send this article to Friends by E-Mail

Section  : Regional
Previous : Pomp, pageantry mark R-Day celebrations
Next     : Lawyers to boycott courts