IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9916 of 2003 RAVINANDAN SAHAY, SON OF BHUVANESHWARI PRASAD, RESIDENT OF BHUWANESHWARI, HOUSE NO.96, M.P. SINHA, ROAD, KADAMKUAN, P.S.- KADAMKUAN, PATNA- 800003. …. …… PETITIONER. Versus 1. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE, GOVT. OF INDIA, NEW DELHI. 2. LAW SECRETARY, MINISTRY OF LAW AND JUSTICE AND COMPANY AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 3. THE UNDER SECRETARY, DEPARTMENT OF LEGAL AFFAIRS, MINISTRY OF LAW AND JUSTICE AND COMPANY AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. … …. …. RESPONDENTS. For the Petitioner : Mr. Brajesh Sahay, Advocate. For the Respondents : Mr. P.L. Jaiswal, Advocate. ---------------- 6. 25.10.2010 Heard Shri Brajesh Sahay for the petitioner and Shri P.L. Jaiswal for the Union of India. 2. Petitioner, demitted office of the Judge of this Court with effect from 21st of May, 2000, was appointed Chairperson of the Appellate Tribunal for Foreign Exchange, New Delhi with effect from 11.2.2002 forenoon vide Notification dated 12th February, 2002 of the Government of India Ministry of Law, Justice and Company Affairs, Annexure-1 to this application. His tenure of appointment as chairman of the Appellate tribunal was for a period of five years or till he attains the age of 65 years 2 which ever is earlier. Petitioner attained the age of 65 years on 21.5.2003 and demitted office of the Chairperson of the tribunal with effect from 21.5.2003. Present application was filed praying inter alia to direct the Union of India and the Ministry of Law, Justice and Company Affairs to make payment of the arrears of salary and other allowances payable to the petitioner in the light of the provisions contained in Appellate Tribunal for Foreign Exchange (Recruitment, Salary and Allowances and other conditions of Services of Chairperson and Members) Rules, 2000 hereinafter referred to as the Rules. According to the petitioner the salary and allowances paid to him was not in terms with the Rules. Rule-13 of the Rules which is relevant for the purpose is quoted hereinbelow for ready reference. “13. Other Conditions of Service The conditions of service of the Chairperson or Members in respect of matters for which no provision is made in these rules shall be the same as may be for the time being be applicable to other such persons of a corresponding status.” 3. It is submitted on behalf of the petitioner that for the services rendered by the petitioner, he has been paid the amount duly 3 detailed in the letter of the D.D.O. and Cash Officer dated 7th July, 2003, Annexure-6 and Annexure-R-6 to the counter affidavit. It is further submitted on behalf of the petitioner that the payments made to the petitioner in lieu of salary and the allowances including travelling allowances is not as per the provisions contained in Rule-13 of the Rules. Chairman of the other tribunals i.e. Central Administrative Tribunal constituted under the Central Administrative Tribunal Act, 1985 have been paid higher remuneration including allowances in terms of the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairmen and Members) Rules, 1985. Had the petitioner been allowed similar service condition applicable to the Chairman of the Central Administrative Tribunal higher amount as allowances would have been released in his favour. 4. Aforesaid submission made on behalf of the petitioner is being opposed by the counsel for the Union but such opposition appears to be misconceived in view of the provisions contained in Rule-13 of the Rules, 2000 quoted above. 5. Having heard counsel for the parties, I direct the competent authority i.e. D.D.O. and Cash 4 Officer of the Ministry of Law and Justice to again calculate the arrears of salary and allowances of the petitioner for holding the office of Chairman, Appellate Tribunal for Foreign Exchange for the period between 11.2.2002 till 21.5.2003 as per Rule-13 of the Rules, 2000 read with the 1985 Rules providing for the service framed conditions of Chairman, Vice-Chairmen, Members of the Central Administrative Tribunals and to make payment of such arrears as is found payable to the petitioner as early as possible in any case within two months from the date of receipt of a copy of this order before the D.D.O. and Cash Officer of the Ministry of Law and Justice Department of Legal Affairs, Government of India. 6. This writ application is, accordingly, disposed off. Ibrar/- (V.N. Sinha, J.)