The government of India comes with legal safeguards and rights, but sometimes government employees navigate service-related disputes over recruitment, promotions, transfers, pensions, disciplinary actions, or other service conditions. To resolve such service-related disputes, government employees have the right to approach the Central Administrative Tribunal (CAT).
A government employee can apply to the Central Administrative Tribunal (CAT) instead of a civil court for justice. Whether you are a central government employee or a state government employee facing service-related issues, here is a guide for you. Let’s understand what the CAT is, its power, and how to seek justice through the CAT.
What is the Central Administrative Tribunal (CAT)?
The Central Administrative Tribunal (CAT) is a statutory, independent judicial body created under Article 323-A of the Constitution of India by the Administrative Tribunals Act, 1985. It is a specialised body that adjudicates service matters of government employees. Its primary object is to provide a speedy and inexpensive forum for the redressal of grievances of central and state government employees.
In simple terms, the CAT is a specialised court for government employees facing service-related disputes. The CAT was introduced during the prime ministership of Rajiv Gandhi. There are 19 Benches and 19 Circuit Benches in the CAT across India. Government employees can apply to CAT only in their specified bench.
Why was the CAT Established?
Before the CAT was established, all service matters of government employees were filed in the High Courts. Such service-matter cases caused:
- Immense backlog and delays in High Courts.
- Prolonged litigation, sometimes spanning decades.
- High costs for employees.
- Lack of specialised expertise in administrative service law among generalist judges.
To simplify and fast-track service matters, the government introduced the Administrative Tribunals Act. The first CAT was established in Delhi in 1985. It was created to provide speedy redressal of service disputes, reduce the case load in High Courts, and offer expert adjudication.
Composition of Central Administrative Tribunal (CAT)
The Central Administrative Tribunal (CAT) is made up of experienced members who hear cases and pass final orders. The composition includes:
- Chairman: The CAT is led by a Chairman who is a retired Supreme Court judge or a retired Chief Justice of a High Court. The Chairman is appointed by the President of India.
- Judicial Member: Judicial members are legal experts, usually retired judges from the Supreme Court or High Courts. They apply judicial expertise to ensure fair decisions.
- Administrative Member: Administrative members are senior government officers with extensive administrative experience. They provide insights into government rules and procedures.
Their role is to provide administrative and practical government perspectives during hearings.
Eligibility to Approach the Central Administrative Tribunal (CAT)
The Central Administrative Tribunal (CAT) is a judicial forum for government employees. The following categories of employees can approach CAT:
- Central Government employees.
- Union Territory employees.
- Members of All India Services: IAS, IPS, IFS.
- Employees of local or other authorities under the control of the Government of India.
- Employees of corporations or societies owned or controlled by the Central Government (as notified).
- Supreme Court and High Court employees in their non-judicial administrative capacity.
The CAT does not have jurisdiction over the following:
- Members of paramilitary forces such as BSF, CRPF, ITBP, CISF, and SSB in matters covered by their specific Acts.
- Officers and staff of Parliament Secretariat.
- Judicial officers of the Supreme Court and High Courts.
Types of Cases Filed Before the Central Administrative Tribunal (CAT)
The Central Administrative Tribunal (CAT) handles service-related disputes including:
- Appointment, Recruitment, and Promotion: Wrongful denial, seniority disputes, faulty promotion panels.
- Pay, Allowances, and Pensions: Pay fixation issues, denial of increments, pension calculation, retirement benefits, GPF, and leave encashment.
- Disciplinary Proceedings: Major and minor penalties including dismissal, removal, reduction in rank, compulsory retirement, and withholding of increments.
- Transfers and Postings: Arbitrary, mala fide, or policy-violative transfer orders.
- Leave Matters: Disputes related to denial or incorrect accounting of leave.
- Suspension: Challenges against illegal, prolonged, or unjustified suspension orders.
- Violation of Reservation Policies: Non-implementation or incorrect application of reservation and roster policies.
Procedure for Filing a Case Before the Central Administrative Tribunal (CAT)
Filing a case before the Central Administrative Tribunal (CAT) involves the following steps:
- Validate the Service Matter: Ensure that your grievance falls under CAT jurisdiction.
- Exhaust Departmental Remedies: File a representation or appeal before the higher authority. If no response is received within six months, you may approach CAT.
- Identify the Correct CAT Bench: File your case before the CAT bench having territorial jurisdiction. The application must be filed within one year of the order or six months after non-response.
- Prepare the Application: File an Original Application (OA) stating facts, grievances, legal grounds, and supporting documents.
- File the Application: Submit the OA with a court fee of ₹50 along with an index, list of dates, and authorization if represented by a lawyer.
- Service of Notice: Upon admission, notice is issued to the concerned department.
- Case Proceedings: Both parties file replies, rejoinders, and present oral arguments.
- Final Order: CAT passes its final order. Aggrieved parties may approach the High Court and then the Supreme Court.
Conclusion
The Central Administrative Tribunal (CAT) plays a crucial role in protecting the rights of government employees in India. While government jobs offer security, disputes related to service matters do arise. CAT provides an effective forum for justice.
Government employees facing issues related to disciplinary action, promotions, transfers, pensions, or other service conditions should understand CAT’s mandate and procedures to seek timely redress.
Still finding it complex? Contact Srinivasa Law Firm in Delhi. Visit Srinivasa Law – CAT Lawyer in Delhi for professional consultation and legal assistance.
Adv. Vijay Kumar, Advocate in Delhi High Court, manages CAT cases end-to-end with professional expertise.
