Union Minister Jitendra Singh addressed the reluctance of retired judges to head tribunals, stating that administrative members have had to be allowed to lead Central Administrative Tribunal (CAT) benches due to a lack of interest from retired judges and senior judicial officers in accepting post-retirement assignments. He suggested that the job offer may not be attractive enough, or that they have more lucrative options available.
Singh made these remarks at the 10th All India Conference of CAT. He recalled that the late Arun Jaitley was initially against allowing administrative members to head benches, believing they lacked judgment-writing skills. However, Singh said he was persuaded by senior bureaucrats who argued that experienced civil servants are well-versed in service laws and capable of writing judgments after 30-35 years of service. This led to an amendment that permitted administrative members to head CAT benches.
Chief Justice of India (CJI) B.R. Gavai, also speaking at the conference, emphasized the need for the government to improve the service conditions for both judicial and administrative members of CAT to attract more retired judges and judicial officers. He noted that tribunals occupy a unique space between the executive and the judiciary, with members coming from both administrative services and the judiciary. CJI Gavai urged non-judicial members, often former bureaucrats, to reflect on potential biases, particularly regarding orders against the government. He stressed that litigants appear in court with the expectation of impartial justice.
The Supreme Court had previously voiced concerns about retired High Court judges declining tribunal appointments, citing a lack of proper amenities. The Court observed that the reluctance stems from inadequate facilities and a lack of dignity in how retired judges are treated. Issues such as poor housing and transport were mentioned. The Court urged the government to treat former Chief Justices and Judges who accept these posts with dignity.
The Central Administrative Tribunal (CAT) was established in 1985 to adjudicate disputes and complaints related to the recruitment and service conditions of public servants. As of July 2025, CAT has disposed of 9,03,617 cases out of 9,72,720 instituted since 1985, achieving a disposal rate of 92.89%. The tribunal operates on principles of natural justice and charges a nominal fee of ₹50 for filing applications.