DOPT has published a compilation of Frequently Asked Questions(FAQ)
regarding functioning of Central Administrative Tribunal
Ans. To provide
in-expensive and speedy relief to Central Government
Employees in respect of their
grievances related to service matters.
Ans. CAT adjudicates disputes with respect to recruitment and
conditions of service of persons appointed to public services and posts in
connection with the affairs of the Union or other local authorities within the
territory of India or under the control of Government of India and for matters
connected therewith or incidental thereto.
Ans. (1) A person shall not be qualified for appointment as the
Chairman unless he it, or has been, a Judge of a High Court: Provided that a person appointed as
Vice-Chairman before the commencement of this Act shall be qualified for
appointment as Chairman if such person has held the office of the Vice-Chairman
at least for a period of two years.
(2) A person shall not
be qualified for appointment,-
(a) as an Administrative Member, unless he has
held for at least two years the post of Secretary to the Government of India or
any other post under the Central or State government and carrying the scale of
pay which is not less than that of a Secretary to the Government of India for
at least two years or held a post of Additional Secretary to the Government of
India for at least five years or any other post under the Central or State
Government carrying the scale of pay .which is not less than that of Additional
Secretary to the Government of India at least for a period of five years.
Provided that the officers belonging to All India Services who
were or are on Central deputation to a lower post shall be deemed to have held
the post of Secretary or Additional Secretary, as the case may be, from the
date such officers were granted proforma promotion or actual promotion
whichever is earlier to the level of Secretary or Additional Secretary, as the
case may be, and the period spent on Central deputation after such date shall
count for qualifying service for the purpose of this clause;
(b) as a Judicial Member, unless he is or
qualified to be a Judge of a High
Court or he has for at least two
years held the post of a Secretary to the Government of India in the Department
of Legal Affairs or the Legislative Department including Member-Secretary, Law
Commission of India or held a post of Additional secretary to the Government of
India in the Department of Legal Affairs and Legislative Department at least
for a period of five years.
Ans. There are 17 Benches of the Tribunal, located
throughout the country wherever the seat of a High
Court is located, with 33 pision Benches.
In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu,
Shimla, Indore, Gwalior, Bilaspur, Ranch’, Pondicherry, Gangtok, Port Blair,
Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.
Ans. As per Section 21 of
the Administrative Tribunal Act, 1985 :- (1) A Tribunal shall not admit an application,-
(a) In a case where a final order such as is
mentioned in clause (a) of sub- (2) of section 20 has been made in connection
with the grievance unless the application is made, within one year from the date
on which such final order has been made;
(b) In a case where an appeal or representation
such as is mentioned in clause (6) of sub-section (2) of section 20 has been
made and a period of six months had expired thereafter without such final order
having been made within one year from the date of expiry of the said period of
six months.
(2) Notwithstanding anything contained in
sub-section (1), where —
(a) the grievance in respect of which an application. is made had arisen by
reason of any order made at any time during the period of three years
immediately preceding the date on which the jurisdiction, powers and authority
of the Tribunal becomes exercisable under this Act in respect of the mater to
which such order relates; and
(b) no proceedings for the redressal of such
grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal
if it is made within the period referred to in clause (a), or, as the case may
be, clause (b). of sub section (1) or within a period of six months from the
said date, whichever period expires later.
3. Notwithstanding anything contained in
sub-section (1) or sub-section (2), an application may be admitted after the period of
one year specified in clause (a) or clause (b) of sub-section (1) or, as the
case may be, the period of six months specified in sub-section (2), if the
applicant satisfies the Tribunal that he had sufficient cause for not making
the application within such period.
Source: DOPT
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