Section 10 of the Administrative Tribunals Act, 1985: Salary, Allowances and Service Conditions of CAT Chairman and Members
Section 10 of the Administrative Tribunals Act, 1985 deals with salaries, allowances and other terms and conditions of service of the Chairman and other Members of an Administrative Tribunal. For present-day appointments, however, Section 10 must be read with Section 10B of the Act, Chapter II of the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021, as amended from time to time.
What does Section 10 of the Administrative Tribunals Act, 1985 cover?
Section 10 concerns the remuneration and service conditions attached to the office of the Chairman and other Members of an Administrative Tribunal. These matters include salary, allowances, pension, gratuity and other retirement benefits, subject to the statutory framework applicable to the particular appointment.
The expression "terms and conditions of service" is wider than salary alone. It may include allowances, leave, accommodation, travel facilities, medical benefits and other incidents of service where the governing Act or Rules make provision for them.
Section 10 - salaries, allowances and other terms and conditions of service
Core statutory rule: the salaries and allowances payable to, and the other terms and conditions of service of, the Chairman and other Members are to be prescribed by the Central Government, subject to the governing statutory regime.
The section also contains a protection against disadvantageous variation of salary, allowances or other service conditions after appointment.
The earlier text of Section 10 also dealt with the position of a serving Government officer appointed as a Member and treated such appointment, in the circumstances specified in the provision, as retirement from the parent service with an option concerning pension and retirement benefits.
Current legal position: Section 10B and the Tribunals Reforms Act, 2021
For modern appointments, Section 10 cannot be read in isolation. Section 10B of the Administrative Tribunals Act gives overriding effect to the later tribunal-reform framework. In substance, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other service conditions of the Chairman and other Members appointed after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of that Act.
The saving clause in Section 10B preserves the earlier statutory regime for the category of Chairman and Members appointed before commencement of Part XIV of Chapter VI of the Finance Act, 2017. Therefore, the applicable service-condition regime can depend on the date and legal basis of the appointment.
Practical point: for a current CAT appointment, first identify whether the appointment falls under the Tribunals Reforms Act, 2021 regime. The current Rules made under that Act should then be checked for salary, allowances, eligibility, leave and other service conditions.
Current salary framework under the Tribunal (Conditions of Service) Rules, 2021
Under Rule 10 of the Tribunal (Conditions of Service) Rules, 2021, the general salary structure relevant to tribunals covered by the Rules is as follows:
| Office | Salary under Rule 10 | Important qualification |
|---|---|---|
| Chairperson / Chairman | Rs. 2,50,000 fixed per month | Subject to the Rules and specific statutory provisions applicable to the tribunal. |
| Member | Rs. 2,25,000 per month | Subject to applicable allowances and deductions, including the pension-related adjustment provided in the Rules. |
The Rules also provide that where a person appointed as Chairperson or Member is receiving pension, the pay is subject to the pension adjustment prescribed by the Rules. Allowances and other benefits are governed by the relevant provisions of the Rules as amended from time to time.
Other service conditions under the 2021 framework
The Tribunal (Conditions of Service) Rules, 2021 contain provisions dealing with appointment, medical fitness, resignation, salary, allowances, leave, accommodation, transport, pension-related matters and other conditions of service. Rule 16 operates as a residual provision for matters for which the Rules do not make an express provision.
The Rules have also been amended after 2021. Accordingly, anyone relying on a particular service condition should check the latest amendment notification together with the principal Rules rather than relying only on the original 2021 notification.
Relationship between Section 10 and protection against disadvantage
The statutory framework protects a Tribunal office-holder against a disadvantageous variation of salary, allowances or other service conditions after appointment. This protection is important to institutional independence because service conditions should not be altered to the detriment of an incumbent after he or she enters office, except as permitted by the governing law.
Related provisions of the Administrative Tribunals Act, 1985
For a complete understanding of the office and service conditions of CAT Members, read Section 10 with the surrounding provisions:
- Section 8 - Term of office
- Section 9 - Resignation and removal
- Section 10A - Saving of terms and conditions of service of Vice-Chairman
- Section 11 - Holding of offices after ceasing to be Chairman or Member
- Section 12 - Financial and administrative powers of the Chairman
- Section 13 - Staff of the Tribunal
- Section 14 - Jurisdiction, powers and authority of the Central Administrative Tribunal
Summary
Section 10 remains an important part of the Administrative Tribunals Act, 1985, but the current position for appointments made under the modern tribunal regime is substantially governed by Section 10B, the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021 as amended. For current CAT Chairman and Member appointments, the later framework should therefore be consulted before drawing conclusions from the older Section 10 text alone.
This page is intended as a legal information resource. For an appointment-specific issue, the relevant appointment order, statutory amendments and latest Rules or notifications should also be checked.