The Ministry of Finance vide notification no. G.S.R. 655(E) issued on 5th September 2023 has notified the Tribunal (Conditions of Service) Second Amendment Rules, 2023. Under the authority granted by section 3 of the Tribunal Reforms Act, 2021, the Central Government has issued the subsequent rules for modifying the Tribunal (Conditions of Service) Rules, 2021.
The new amendment has inserted a new Rule 7A after Rule 7 as follows:
“7A Retirement or resignation from parent service on appointment as Chairperson or Member.— Where the person appointed as a Chairperson or a Member is a serving Judge of the Supreme Court or a High Court or a serving Member of an organised service, he shall either resign or obtain voluntary retirement from his parent service before joining the Tribunal.”
In accordance with the amendment, any chairperson or member who holds a position as a judge in the Supreme Court or High Court, or is an active member of an organized service, must either resign or opt for voluntary retirement from their original service prior to commencing their tenure with the tribunal. The member cannot serve both at the same time.
In the said rules, for rule 13, the following rule shall be substituted, namely:
“13. Pension, Provident Fund and Gratuity.— Pension, Provident Fund and gratuity shall not be admissible for the service rendered in the Tribunal.”
As per the amendment, the services performed in the Tribunal will not qualify for the receipt of pension, provident fund, or gratuity benefits.
In the Principal rule before amendment, the Rule 13(3) states that “Additional pension and gratuity shall not be admissible for service rendered in the Tribunal”. When comparing the previous amendment to the new one, it becomes evident that members who have served in the tribunal will no longer be eligible for Provident Fund benefits.
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