Central Administrative Tribunal: Service Dispute Guide
If a Central Government service decision has gone against you, file an Original Application before the Central Administrative Tribunal under Section 19 of the Administrative Tribunals Act 1985, normally within 1 year of the final order under Section 21. The Tribunal handles promotion, seniority, suspension, transfer, pay, pension and disciplinary penalty disputes of Central Government employees.
If you are short on time, jump to the limitation rule under Section 21 below. Missing that deadline can sink an otherwise strong case.
Which situation are you in?
Most grievances map to one remedy: an Original Application under Section 19. Find your situation in the table, then follow the filing steps.
| Your grievance | What CAT can decide |
|---|---|
| Suspension pending or after inquiry | Whether the suspension is justified or has become punitive by delay |
| Promotion or seniority denied | Whether the DPC, panel or seniority list was lawful |
| Penalty after a departmental inquiry | Whether the penalty and inquiry followed the rules |
| Unfair or punitive transfer | Whether the transfer breaches your conditions of service |
| Pay, allowance or pension dispute | Fixation, arrears, withheld pension or family pension |
Each of these is a “service matter.” You bring it by filing one Original Application, not separate petitions.
What is the Central Administrative Tribunal
The Central Administrative Tribunal (CAT) is a specialised forum set up under the Administrative Tribunals Act 1985, backed by Article 323A of the Constitution. It decides recruitment and service disputes of Central Government employees so these cases do not clog the regular courts.
Its jurisdiction covers conditions of service: promotion, seniority, suspension, transfer, pay, pension and disciplinary penalties. The principal bench sits at New Delhi, with benches across India.
Who can approach CAT
You can file if you are a Central Government employee, or a former employee, aggrieved by a service decision. This includes officers and staff of most Central ministries and many Central public bodies notified under the Act.
A lawyer is not mandatory. You may appear in person and argue your own Original Application. Many applicants do, especially for straightforward pay or pension claims.
Section 20: finish your departmental remedy first
Under Section 20, the Tribunal will not normally admit your Original Application unless you have first exhausted the departmental remedy available to you. That usually means a representation or appeal to a higher authority.
The Tribunal can waive this where the departmental remedy is ineffective or would cause undue delay. So if your representation has been ignored for months, say so clearly when you file.
Section 21: the limitation rule, explained
This is where most cases are won or lost. Section 21 sets two clear limbs.
- If a final order was passed against you: file within 1 year from the date of that final order.
- If you made a representation and got no final order: wait 6 months from the date of the representation. If no final order comes in those 6 months, file within 1 year from the expiry of that 6-month period.
Note: the Tribunal may condone delay for sufficient cause. But do not rely on this. Treat 1 year as a hard deadline and file early. A condonation request adds a hurdle you would rather avoid.
For the underlying statutory text, see the RTI and statute reference section on related public-law procedures.
How to file an Original Application
- Confirm your cause of action. Identify the exact final order or inaction you are challenging, and its date. That date starts your Section 21 clock.
- Exhaust the departmental remedy. File your representation or appeal first, as Section 20 requires, unless it is plainly futile.
- Prepare the Original Application. Use the prescribed OA format. State the facts, the rule or order breached, and the specific relief you want.
- Attach your documents. Annex the impugned order, your representation, service records and any rule you rely on. Number and index the annexures.
- Pay the filing fee. The fee is nominal. Confirm the current amount and payment mode from the Central Administrative Tribunal at https://cgat.gov.in before you file.
- File at the correct bench. File at the bench with territorial jurisdiction over your posting or the cause of action. The principal bench is at New Delhi.
- Serve and track. Once registered, your OA gets a number. Track listing dates and file replies to the department's counter within the time the bench allows.
If your dispute arises from a disciplinary process, gathering the right paper first matters. See how to track a disciplinary action status using RTI and how to obtain a charge sheet copy through RTI before you draft the OA.
For a plain-language walkthrough of public-law remedies and drafting, see The RTI Playbook.
What happens after the CAT order
CAT decides your Original Application and passes a reasoned order. If you are aggrieved by that order, the remedy is not a direct appeal to the Supreme Court.
Instead, you file a writ petition before a Division Bench of the High Court under Articles 226 and 227 of the Constitution. The Supreme Court settled this in L Chandra Kumar v Union of India, holding that High Court judicial review over tribunals is part of the basic structure. A further challenge to the Supreme Court is then by special leave, not as of right.
Frequently asked questions
Do I need a lawyer to file at CAT?
No. A lawyer is not mandatory. You may appear in person and argue your own Original Application. A lawyer helps in complex disciplinary or seniority matters, but simple pay and pension claims are often handled by applicants themselves.
What is the filing fee at CAT?
The filing fee for an Original Application is nominal. The exact amount and accepted payment mode change from time to time, so confirm the current figure directly from the Central Administrative Tribunal at https://cgat.gov.in before you file, rather than relying on older notices.
Can CAT condone a delay beyond one year?
Yes. Under Section 21 the Tribunal may condone delay for sufficient cause. But condonation is discretionary, not automatic. You must explain the delay convincingly. Always treat 1 year from the final order as your real deadline and file well within it.
Can I go straight to the High Court instead of CAT?
Generally no. Service disputes of covered Central Government employees go to CAT first. After the CAT order, you may move a Division Bench of the High Court by writ under Articles 226 and 227, as held in L Chandra Kumar v Union of India.
What disputes does CAT not handle?
CAT handles service matters of covered Central Government employees only. Purely private employment, most State Government service matters outside notified tribunals, and non-service grievances fall outside its jurisdiction. Check whether your employer and post are notified under the Administrative Tribunals Act 1985.
Sources
- Administrative Tribunals Act 1985, Section 19 (application to Tribunal), Section 20 (exhaustion of departmental remedies) and Section 21 (limitation).
- Article 323A of the Constitution of India (administrative tribunals).
- Central Administrative Tribunal, official website: https://cgat.gov.in
- L Chandra Kumar v Union of India, (1997) 3 SCC 261 (judicial review by High Court Division Bench under Articles 226 and 227).
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