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Central Administrative Tribunal (CAT) Cases
Service disputes of central government employees: jurisdiction, procedure and limitation
The Central Administrative Tribunal (CAT) is a quasi-judicial body that deals with service disputes involving central government employees, including some categories of defence civilians and paramilitary personnel.
CAT was set up under the Administrative Tribunals Act, 1985, made under Article 323A of the Constitution, so that service disputes of government employees are decided by a specialised tribunal instead of the ordinary courts. If you are a central government employee with a grievance about promotion, seniority, pay, a penalty, transfer, pension or termination, CAT is usually where your case begins.
Ajit Kakkar and Associates represents employees before the CAT Principal Bench in New Delhi and other benches, and in the High Courts and Supreme Court when a CAT order is challenged.
What Is the Central Administrative Tribunal?
CAT decides disputes about the recruitment and conditions of service of people appointed to central government posts. Each bench has Judicial and Administrative Members, so a case is heard by people who understand both the law and how government departments work.
Jurisdiction
Under Section 14 of the Act, CAT hears recruitment and service matters of central government employees, members of the All India Services, civilians in the defence services, and staff of bodies the Central Government has notified.
Procedure
Under Section 22, CAT is not bound by the Code of Civil Procedure. It follows the principles of natural justice and its own procedure rules, which keeps proceedings simpler and quicker than a civil suit.
Appearance
Under Section 23, you may appear in person or through a legal practitioner of your choice. The department is usually represented by a presenting officer or government counsel.
Who Can Approach CAT, and Who Cannot
Choosing the correct forum is the first and most important step. Matters filed in the wrong forum can face dismissal or delay.
Can approach CAT
- Civilian employees of central government ministries and departments
- Members of the All India Services (IAS, IPS, IFoS)
- Civilian employees under the Ministry of Defence (defence civilians)
- Railway, CPWD, postal and similar central departmental staff
- Delhi Police personnel
- Employees of corporations and societies notified under Section 14(2)
Cannot approach CAT
- Serving and retired members of the Army, Navy and Air Force: their service matters go to the Armed Forces Tribunal
- Members of other armed forces of the Union (Section 2(a)). Uniformed personnel of forces such as CRPF, CISF and Assam Rifles generally approach the High Court instead. Civilian ministerial staff in some forces have been held to fall within CAT.
- Officers and staff of the Supreme Court and High Courts
- Secretarial staff of Parliament and State Legislatures
If you serve in a paramilitary force and are unsure of your forum, see our paramilitary legal support page. A case-specific assessment can help confirm jurisdiction before anything is filed.
Types of Cases Handled
Denial of promotions
Supersession, DPC proceedings, sealed cover, adverse ACR/APAR entries, seniority lists and MACP upgrades. See our guide on ACR/APAR rules.
Transfer and posting disputes
Transfers that are mala fide, punitive, against the transfer policy, or ordered in violation of the rules governing your cadre.
Disciplinary actions
Suspension, charge sheets and major or minor penalties under the CCS (CCA) Rules, 1965, including inquiries held without a fair hearing. Read how to challenge a charge sheet.
Pension irregularities (civil side)
Delay or wrong calculation of pension, gratuity, commutation and family pension under the CCS (Pension) Rules, and withheld retirement dues.
Pay and recovery
Pay fixation errors, denial of increments, pay anomalies and recovery of alleged excess payments from employees and pensioners.
Termination and leave
Wrongful termination, compulsory retirement, and disputes over leave, including maternity leave.
How to File a Case in CAT
Most CAT cases follow the same path. Getting the first two steps right often decides whether the case is heard on merits at all.
1. Use your departmental remedy first
Under Section 20, CAT will not ordinarily admit a case until you have used the remedies in your service rules, such as a representation or appeal. You are treated as having done so once a final order rejects it, or once six months pass without a decision.
2. Check the limitation period
Under Section 21, the application must be filed within one year of the final order. If your representation or appeal is pending, the year runs from the end of the six months. Late filing needs an application for condonation of delay showing sufficient cause.
3. Collect your documents
The impugned order, your representation or appeal and any reply, service records, relevant rules and circulars, and orders in similar cases that support your claim.
4. Draft and file the Original Application
The case is filed as an Original Application (OA) under Section 19 at the bench with territorial jurisdiction, with the prescribed fee of Rs 50 under Rule 7 of the CAT (Procedure) Rules, 1987.
5. Interim relief and hearing
If an order must be stopped urgently, interim relief can be sought under Section 24. The department files a reply, you file a rejoinder, and the case is argued before the bench.
6. After the CAT order
A CAT order can be challenged by a writ petition before a Division Bench of the High Court, and then before the Supreme Court (L. Chandra Kumar v. Union of India, 1997). Orders in your favour can be enforced through contempt proceedings if not complied with.
CAT Bench Locations
CAT sits at 19 benches. Your case is normally filed at the bench within whose jurisdiction you are posted or where the cause of action arose.
Principal Bench, New Delhi · Ahmedabad · Allahabad · Bangalore · Chandigarh · Chennai · Cuttack · Ernakulam · Guwahati · Hyderabad · Jabalpur · Jaipur · Jammu · Jodhpur · Kolkata · Lucknow · Mumbai · Patna · Srinagar
Our Main office is in New Delhi. We also appear before other benches.
Contact
Ajit Kakkar and Associates
A-2/211, Golf Course Road, Sector-17, Dwarka, New Delhi 110075
WhatsApp: +91-9958006409
Call / WhatsApp: +91-9266744601
Call / WhatsApp: +91-9990006409
Email: ajitkakkar@ajitkakkar.com
Office hours: Monday to Saturday, 10:00 AM to 6:00 PM
Most Common Questions
Q: Who can file a case before the Central Administrative Tribunal?
A: All civilian Government employees under the Centre, including some defence civilians and paramilitary personnel, Delhi Police personnel, Railway employees, CPWD employees etc can file service-related cases.
Q: How are service rules interpreted by CAT for Ministry of Defence employees?
CAT uses CCS CCA Rules or relevant departmental rules to decide cases involving MoD civilian employees.
Q: Can pension matters of defence civilians go to CAT?
A: Yes, if they involve administrative delay or incorrect calculation, pension cases for MoD civilians can be taken to CAT.
Q: Is CAT the right forum for transfer or posting disputes?
A: Yes, it is the designated forum for challenging transfer orders, postings, and service conditions.
Q: Can CAT also deals with Major/Minor Penalties ?
A: The appeal of major and minor penalties can be filed and challenged in CAT
Q: Is CAT the right forum for issues related to leave including Maternity Leave?
A: Yes, it is the designated forum for challenging issues related to leave including Maternity Leave.
Q: Being a Govt Employee Can I challenge My Wrongful Termination of Service in CAT?
A: Yes CAT is the right forum to take up your wrongful termination of service in CAT
Disclaimer: Answers on this page are general information only. They do not constitute legal advice and do not create an advocate-client relationship.