BENGALURU: IN response to the petition filed by the Karnataka State Administrative Tribunal (KAT) Chairman Justice K Bhakthavatsala seeking directions to the state and Centre seeking pay on par with chief justice of the high court, the Centre told the high court that the law does not permit giving higher salary to the Chairman as the said post is equivalent to the judge of a high court.
On hearing the petition filed by Dr Bhakthavatsala, the high court had issued notice to the state and centre in October 2017.
In response to it, the Union government stated that the Section 83 of the Administrative Tribunals Act, 1985, as amended with effect from 2007, stipulates that ‘the conditions of service of Chairman and Members shall be the same as applicable to judges of the High Court. Since the High Court judges (salaries and conditions of service) Act, 1954 stipulates “there shall be paid to a judge of a High Court, by way of salary, `80,000 per month. Accordingly, Chairman and Members appointed under the amended AT Act are granted salary of `80,000 per month”, the Centre said.
In view of the provisions of the Act, no higher salary to the Chairman of the State Administrative Tribunal is permissible than the one prescribed in law. As per Section 8 (3) of the Administrative Tribunals Act, 1985, as amended in 2007, the conditions of service of Chairman and Members are the same as applicable to Judges of High Court. Accordingly, both are given same salary of `80,000 per month, the Centre contended in its response submitted to the court.
Justice Bhakthavatsala, who was former judge of the Karnataka High Court, was appointed KSAT chairman on December 15, 2015 by the Union government. He has now sought directions to the state and Centre to fix his salary at `90,000 per month from the date of his appointment and revise the same as and when Section 13-A of the High Court Judges Act, 1954, is amended and pay the arrears of salary along with all consequential monetary benefits from December 16, 2015, when he took charge as chairman of KAT.
Presently, the chairman as well as the members are paid `80,000 per month.
