Delhi High Court – Orders
Sh. Vijayant Singh vs Union Of India Through Secretary & Ors on 20 June, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8482/2025 & CM APPL. 36848/2025
SH. VIJAYANT SINGH .....Petitioner
Through: Mr. Vijay Sharma and Ms. Swagoti
Batchas, Advs.
versus
UNION OF INDIA THROUGH SECRETARY &
ORS. .....Respondents
Through: Ms. Arunima Dwivedi, CGSC with
Ms. Pinky Pawar, Mr. Shivam
Sachdeva and Ms. Swati
Jhunjhunwala, Advs. for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.06.2025
1. This hearing has been done through hybrid mode.
CM APPL. 36849/2025
2. Allowed, subject to all just exceptions. The application stands disposed
of.
W.P.(C) 8482/2025 & CM APPL. 36848/2025
3. The present petition has been filed, inter alia, seeking directions for
extension of the Petitioner’s tenure in the post of Member (Judicial), Railway
Claims Tribunal till completion of a term of 5 years.
4. The case of the Petitioner is that he was appointed to the post of
Member (Judicial) in the Railway Claims Tribunal, at the Bhopal Bench, vide
order dated 23rd June, 2021, issued by the Railway Board, Ministry of
Railways. As per the said order, the Petitioner was appointed for a period of
W.P.(C) 8482/2025 Page 1 of 5
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4 years. However, the tenure of the Petitioner was subject to the outcome of
the decision of the Supreme Court in W.P.(C) No. 502/2021 titled Madras
Bar Association v. Union of India & Anr. The said order reads as under:
” ORDER
Sub: Appointment to the post of Judicial Member in
Railway Claims Tribunal (RCT) at Bhopal Bench.
The President is pleased to appoint Shri Vijayant Singh
as Judicial Member in Railway Claims Tribunal (RCT)
at Bhopal Bench against an existing vacancy with pay
of Rs. 2,25,000/- pm for a period of four years from the
date of assumption of the charge of the post or till the
age of 67 years, whichever is earlier.
2. The appointment of Shri Vijayant Singh shall be
governed by the provisions laid down in the Tribunals
Reforms (Rationalisation and Conditions of Service)
Ordinance, 2021 and subsequent Rules to be notified by
the Government. Tenure of appointment shall, however,
be subject to the outcome of WP(C) 502/2021, filed by
Madras Bar Association at Hon’ble Supreme Court.
3. Shri. Vijayant Singh is advised to take up the new
assignment within 05 days from the date of issue of this
order.”
5. The Petitioner has continued in service till date and the challenge that
has now been raised is that in terms of the judgment passed by the Supreme
Court in Madras Bar Association (supra), the Petitioner is entitled to
continue in the position of a member for a period of five years or till he attains
age of 67 years.
6. Ms. Dwivedi, ld. CGSC, relies upon the decision in Madras Bar
Association (supra) to argue that the Petitioner cannot be given benefit of the
same, as the said decision is clear that the retrospectivity given to the proviso
W.P.(C) 8482/2025 Page 2 of 5
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to Section 184 (11) of the Finance Act, 2017, is only to appointments made
till 4th April, 2021 and not thereafter. The relevant portion of the judgment
relied upon by Ms. Dwivedi reads as under:
“46. In view of the foregoing discussion, I conclude and
hold as follows:
(i) The first proviso to Section 184(1) of the Finance Act,
2017, introduced by Section 12 of the Tribunals Reforms
(Rationalisation and Conditions of Service) Ordinance,
2021 is hereby declared void and inoperative. Similarly,
the second proviso to Section 184(1) of the Finance Act,
2017, introduced by Section 12 of the Tribunals Reforms
(Rationalisation and Conditions of Service) Ordinance,
2021 is held to be void and inoperative.
(ii) Section 184(7) of the Finance Act, 2017 introduced
by Section 12 of the Tribunals Reforms (Rationalisation
and Conditions of Service) Ordinance, 2021 is hereby
declared void and inoperative.
(iii) Section 184(11)(i) and (ii) introduced by Section 12
of the Tribunals (Reforms Rationalisation and
Conditions of Service) Ordinance, 2021 are hereby
declared as void and unconstitutional.
(iv) Consequently, the declaration of this Court in para
53(iv) of MBA-III shall prevail and the term of
Chairperson of a Tribunal shall be five years or till she
or he attains the age of 70 years, whichever is earlier
and the term of Member of a Tribunal shall be five years
or till she or he attains the age of 67 years, whichever is
earlier.
(v) The retrospectivity given to the proviso to Section
184(11) – introduced by Section 12 of the Tribunals
(Reforms Rationalisation and Conditions of Service)
Ordinance, 2021 is hereby upheld; however, without in
any manner affecting the appointments made to the
post of Chairperson or members of various Tribunals,
upto 04.04.2021. In other words, the retrospectivity ofW.P.(C) 8482/2025 Page 3 of 5
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the provision shall not in any manner affect the tenures
of the incumbents appointed as a consequence of this
Court’s various orders during the interregnum period.
(vi) The writ petition is allowed to the above extent.”
7. Ms. Dwivedi, ld. CGSC also submits that a vacancy circular has already
been issued by the Respondent on 27th February, 2025 taking into
consideration the vacancy against the Petitioner’s position as well. The
Petitioner was all along well aware that his tenure would be only four years
and has chosen not to challenge the same. The retirement notice is also stated
to be served on 10th March, 2025 which is taken on record and reads as under:
” NOTICE
Sh. Vijayant Singh, Hon’ble Member (Judicial), Railway
Claims Tribunal, Chennai Bench shall retire from the
post of Member (Judicial) RCT in the afternoon of
23.06.2025 on completion of 04 years of his term of
office.”
8. Heard.
9. The present petition has been filed before the Vacation Bench.
10. The Petitioner has all along been aware of the tenure of his appointment
as being four years, since 23rd June, 2021. The decision in the Madras Bar
Association (supra) was rendered on 14th July, 2021, however, for the last
more than four years the Petitioner has not taken any steps to get the tenure
finalised, if there was any ambiguity after the rendering of the said judgement.
Just on the even of the four year tenure coming to an end on 23rd June, 2025,
the present petition has been filed.
11. The Petitioner had first approached the Supreme Court by the petition
under Article 32 of the Constitution of India being W.P.(C) No. 546/2025
W.P.(C) 8482/2025 Page 4 of 5
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titled Vijyant Singh vs. Union of India & Ors., wherein vide order dated 30th
May, 2025, the Petitioner was permitted to approach the jurisdictional High
Court.
12. After duly considering the last minute filing of this writ petition,
considering that the vacancy is already advertised, at this stage the Petitioner’s
tenure cannot be extended by an interim order.
13. Issue notice.
14. Let counter affidavit be filed within four weeks. Rejoinder, thereto, be
filed within four weeks.
15. No ad-interim relief can be granted at this stage.
16. List before the Roster Bench on 25th August, 2025.
PRATHIBA M. SINGH
(VACATION JUDGE)
JUNE 20, 2025
dj/msh
W.P.(C) 8482/2025 Page 5 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/06/2025 at 21:29:34