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Court upholds CAT order on service rules

Special Correspondent

Plea by ex-judge of High Court and former RCT Chairman claiming pension and other benefits "In the event of appointment of a Judge of a High Court as RCT Chairman, in view of Rule 15 of RCT Rules 1989, the conditions of service shall be the same as admissible to a serving Judge of a High Court."

CHENNAI: A Central Administrative Tribunal (CAT) order, that the conditions of service available to the Chairman of the Railway Claims Tribunal shall be the same as admissible to serving judges of High Court, has been upheld by the Madras High Court.

A Division Bench, comprising Justice P. Sathasivam and Justice A.R. Ramalingam, passed the order on a joint writ petition filed by the Railway Board and the Railway Claims Tribunal challenging a February 10 order of CAT.

The matter relates to an application by the former High Court Judge and former Chairman of the Tribunal, Justice T. Somasundaram, claiming pension and other benefits such as commutation, gratuity and leave encashment in terms of High Court Judges (Conditions of Service) Act 1954. He was appointed Judge of the Madras High Court on March 23, 1990, and was to attain superannuation on May 31, 1995. However, on January 20, 1995 the Centre appointed him Chairman of the Tribunal for a period of five years or till he attained the age of 65, whichever was earlier.

After he retired from the Tribunal in May 1998, the Railway Ministry sought to give him benefits only as per the Railway Claims Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairman and Members) Rules 1989.

Mr. Justice Somasundaram moved the Tribunal, maintaining that his retirement benefits should be payable in accordance with the HC Judges (Conditions of Service) Act, and not otherwise. The CAT allowed the application and quashed the Railway Board order dated May 29, 2002. Hence the present appeal.

Concurring with the views of senior counsel Vijaynarayanan, the Bench said, "in the event of appointment of a Judge of a High Court as Chairman of RCT, in view of Rule 15 of RCT Rules 1989, the conditions of service and other perquisites available to the Chairman shall be the same as admissible to a serving Judge of a High Court."

It further said the Rule was the "relevant substantive Rule."

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