The Central Government has recently introduced changes to its rules that will impact certain individuals, rendering them ineligible for benefits like PF (Provident Fund), Gratuity, and Pension.
This modification specifically pertains to Rule 13. According to government authorities, these members cannot simultaneously avail themselves of two distinct services, leading to this adjustment.
Who Loses Out on Benefits?
In accordance with the directives issued by the Central Government, members of the Income Tax Appellate Tribunal (ITAT) and Goods and Services Tax (GST) Tribunal will no longer receive benefits such as gratuity, pension, and PF.
Moreover, tribunal membership will fall under the full-time employed category, necessitating individuals to resign from one of their roles.
Why the Loss of Benefits?
In the past, active judges from the High Court or the Supreme Court were sometimes appointed as Chairman or Members of tribunals while retaining their original positions.
Consequently, they were entitled to pension and other associated benefits.
However, the new rule stipulates that if a serving judge from any court assumes a role as Chairman or Member of the Tribunal, they must resign from their primary service before joining the Tribunal. This prevents them from concurrently enjoying both sets of benefits.
Exclusion of Lawyers from Profits
This modification in tribunal rules arrives as the Center is in the process of establishing a GST Appellate Tribunal to expedite the resolution of pending tax cases and legal disputes.
Previously, the government had already excluded lawyers from serving as judicial members.