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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