In Brief
Presiding Officers of Debt Recovery Tribunals appointed before September 1, 2016 were entitled to serve only until age 62 or 5 years, whichever was earlier. An amendment to Section 6 of the Recovery of Debts and Bankruptcy Act, 1993 extended the retirement age to 65 years. The Supreme Court held that the amended provision applied to officers already serving on the amendment date, entitling them to continue until age 65 years. The Court reasoned that the legislature used 'substituted,' not 'amended,' and contrasted the new Section 6 with Section 6A, which explicitly excluded incumbents. The amendment's purpose—reducing case backlogs in tribunals—supported extending the benefit to serving officers. The Court allowed the petitions and directed reinstatement with continuity of service.
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