Question : Vacancy of Chairman in KAT

(a) whether it has come to the notice of the Government that the post of Chairman, Kerala Administrative Tribunal (KAT) is vacant from 16/09/ 2020;
(b) if so, the details of the action taken by the Government to fill up the vacancy of Chairman in KAT;
(c) whether the Union Government received recommendation from Government of Kerala for the appointment of Chairman and if so, the details thereof;
(d) whether it has come to the notice of Government that the term of members of KAT is also going to expire;
(e) if so, the action taken thereon;
(f) whether the Union Government proposes to stop the functioning of KAT;
(g) if so, the details thereof and if not, the reasons for the delay in filling up the vacancy; and
(h) the present status of the appointment of Chairman and members of KAT?

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (h): The role of Union Government in case of selection/ appointment of Chairman/ Members of State Administrative Tribunal starts only after receipt of a proposal complete in all respect from the concerned State Government.

The State Government of Kerala sent a proposal on 27.07.2020 for appointment of Chairman in Kerala Administrative Tribunal against the vacancy on 15.09.2020 due to retirement of the then Chairman. The proposal of the State Government was incomplete. Further information called for, was received on 05.10.2020.

After verification of antecedents of recommended candidate, the proposal was referred to Hon’ble Chief Justice of India for Consultation, in term of section 6(3) read with section 6(4) of the AT Act, 1985. The same has been received on 05.02.2021. It now requires approval of the Competent Authority.

The State Govt. vide letter dated 15.07.2021, has sent a proposal for appointment of one Administrative Member in KAT which was received on 22.07.2021. It now requires for the verification of antecedents of recommended candidate, consultation of Hon’ble Chief Justice of India and approval of the Competent Authority. No other proposal is received.

State Administrative Tribunal is established or wound up only on the recommendations of the respective State Government. No such proposal regarding KAT has been received from the State Government of Kerala.

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