Kerala Administrative Tribunal - Practice and Procedure

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Description
 its administrative backbone,
the States play a pivotal role. Part IX of the Indian Constitution explicitly deals and integrity of services under both the Union and with these services, highlighting the critical need for a robust administrative structure supported by an adept workforce. Recruitment, a fundamental aspect of this structure, is managed by the Central and State Public Service Commissions, yet the landscape of employment inevitably breeds disputes over recruitment and service conditions.
Historically, such disputes were a significant burden on the judiciary, leading to the introduction of Article 323A via the 42nd Amendment to the Constitution in 1976. This amendment authorized the Parliament to establish Administrative Tribunals to adjudicate disputes related to public service employment. The 'Administrative Tribunals Act, 1985' was born from this legislative intent, setting up the Central Administrative Tribunal (CAT) and paving the way for State Administrative Tribunals.
In Kerala, the journey towards establishing its own Administrative Tribunal took until 2010, with operations commencing in late 2011. This initiative aimed at decentralizing the judicial burden from the High Courts, where service matters had previously been adjudicated. The Kerala State Administrative Tribunal (KSAT) was structured to provide specialized, swift, and cost-effective resolution to service-related disputes among Government employees and teachers of aided schools, thus reducing the pressure on the High Court and allowing it to focus on other legal matters.
The operational framework of KSAT and related Tribunals is supported by a series of legislative and regulatory enactments: The Administrative Tribunals Act, 1985, which forms the foundational law for establishing these tribunals. The Tribunals Reforms Act, 2021, alongside The Tribunals (Conditions of Service) Rules, 2021, which further refine the operational and administrative aspects of Tribunal functioning. Kerala-specific legislation includes The Kerala Administrative Tribunals (Practice) Rules, 2010, The Kerala Administrative Tribunals Rules of Practice, 2011, and Rules concerning contempt of Court, staff recruitment, record destruction, and financial and administrative powers.
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Table of Contents
PART I
The Administrative Tribunals Act, 1985..
PART II
The Tribunals Reforms Act, 2021.
The Tribunal (Conditions of Service) Rules, 2021..
PART III
The Kerala Administrative Tribunal (Procedure) Rules, 2010
The Kerala Administrative Tribunal Rules of Practice, 2011
The Kerala Administrative Tribunal (Contempt of Courts) Rules, 2011
The Kerala Administrative Tribunal Staff (Recruitment and
Conditions of Service) Rules, 2019...
The Kerala Administrative Tribunal (Destruction of Records) Rules, 2015
The Kerala Administrative Tribunal (Financial and Administrative Powers) Rules, 2010
PART IV
The Central Administrative Tribunal (Procedure) Rules, 1993
The Central Administrative Tribunal Rules of Practice, 1993 ..
The Contempt of Courts (CAT) Rules, 1992...
The Central Administrative Tribunal (Destruction of Records) Rules, 199
The Central Administrative Tribunal (Financial and Administrative
Powers) Rules, 1985
PART V
NOTIFICATIONS (For detailed contents see page no. 31)
INDEX
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Author Details
George Johnson, M.A., LL.M. Advocate, High Court of Kerala, Editor, Kerala High Court Cases and Kerala Law Decision
Dominic Johnson, LL.B. Advocate, High Court of Kerala