Frequently Asked Questions (FAQs) on the Central Administrative Tribunal (CAT)
1. What is the Central Administrative Tribunal (CAT)?
- The Central Administrative Tribunal (CAT) is a specialized judicial body established under the Administrative Tribunals Act, 1985, to adjudicate disputes and grievances related to the service matters of central government employees. It aims to provide quick and cost-effective relief to aggrieved employees regarding their employment-related issues.
2. Who can file a case in CAT?
- Cases can be filed by current or retired central government employees, employees of public sector undertakings (PSUs) under the central government, and employees of other notified government bodies. However, CAT does not entertain cases filed by personnel belonging to the armed forces, paramilitary forces, or state government employees.
3. What types of cases can be brought before CAT?
- CAT adjudicates cases related to recruitment, promotions, disciplinary actions, pay disputes, pension matters, service conditions, transfers, and termination of employment. It does not handle cases related to matters of taxation, constitutional validity of laws, or purely administrative orders.
4. What is the jurisdiction of CAT?
- CAT has jurisdiction over service matters concerning central government employees, excluding employees of the armed forces. It covers employees of ministries, departments, and statutory authorities under the central government, including PSUs, autonomous bodies, and organizations notified by the government.
5. Can CAT orders be challenged in higher courts?
- Yes, CAT’s orders can be challenged in the High Court through a writ petition under Articles 226 and 227 of the Constitution of India. The High Court can review CAT’s decision for any legal or procedural errors.
6. What is the procedure for filing a case in CAT?
- To file a case in CAT, an aggrieved individual must submit an Original Application (OA) along with the relevant documents, court fees, and a statement detailing the facts of the case and the relief sought. It is advisable to first make a representation to the concerned department before approaching CAT.
7. What reliefs can CAT provide?
- CAT can grant various reliefs, including:
- Quashing illegal orders
- Directing payment of dues such as salary, pension, or allowances
- Reinstatement of employment
- Revising service records
- Ordering compensatory damages in certain cases
- Granting interim relief to prevent further hardship
8. Can CAT orders be reviewed or modified?
- Yes, CAT orders can be reviewed or modified if:
- There is a discovery of new evidence
- Clerical or factual errors are found in the original order
- There is a mistake apparent on the face of the record
- A Review Application (RA) must be filed for the review of an order, typically within 30 days of the original order.
9. Does CAT handle pension-related disputes?
- Yes, CAT addresses pension-related disputes for central government employees, including issues such as delay in pension payments, incorrect calculation, denial of pension, and family pension claims.
10. Is it necessary to hire a lawyer to represent a case in CAT?
- Hiring a lawyer is not mandatory, as the tribunal is meant to be user-friendly and accessible to individuals. However, having a lawyer can be beneficial to ensure that the legal issues are adequately presented.
11. Can decisions of other administrative tribunals be challenged in CAT?
- No, CAT only deals with service matters of the central government employees under its jurisdiction. Decisions of other administrative tribunals must be challenged in the respective courts as per the laws governing those tribunals.
12. Is there a time limit for filing a case in CAT?
- Yes, the general time limit for filing a case is within one year of the cause of action arising or from the date of the final order of the concerned authority. Condonation of delay may be sought if there are valid reasons for not meeting this deadline.
13. What happens if a party does not comply with a CAT order?
- If an authority fails to comply with CAT’s order, contempt proceedings can be initiated. The tribunal has the power to ensure that its orders are implemented.
14. What documents are required to file a case in CAT?
- The documents typically needed include:
- Copies of the order or decision being challenged
- Service records or employment details
- Correspondence with the department regarding the grievance
- Any supporting documents relevant to the case
15. Are there any fees for filing a case in CAT?
- Yes, a nominal court fee is required when filing a case. The fee amount varies depending on the type of case (individual, multiple applicants, etc.).
16. Can CAT entertain cases related to grievances before joining the service?
- No, CAT deals with matters related to service conditions post-appointment. Issues related to recruitment process irregularities before an appointment are not covered under its jurisdiction.
17. How long does it typically take to resolve a case in CAT?
- The time taken to resolve cases can vary. CAT aims to resolve matters expeditiously, but complex cases may take longer due to procedural requirements or if they involve multiple hearings.
18. Does CAT have a role in adjudicating disputes related to armed forces personnel?
- No, CAT does not have jurisdiction over disputes involving personnel of the armed forces or paramilitary forces. Service disputes related to these personnel fall under the Armed Forces Tribunal (AFT).
19. Can a group of employees file a joint case in CAT?
- Yes, a group of employees facing a common service-related grievance can file a joint application in CAT, provided they belong to the same category and share similar service conditions.
20. Where are the benches of CAT located?
- CAT has principal benches in New Delhi and several regional benches across India, including in cities like Mumbai, Kolkata, Chennai, Hyderabad, Bangalore, Jodhpur, Chandigarh, and more. Each bench handles cases from the corresponding region.
Conclusion
The Central Administrative Tribunal (CAT) serves as a specialized forum for resolving service-related disputes of central government employees, offering quicker and more accessible legal redress compared to traditional courts. With jurisdiction over a wide range of service matters, including recruitment, promotions, disciplinary actions, and pension disputes, CAT plays a crucial role in maintaining fairness in public employment. By addressing frequently asked questions about CAT, individuals can better understand their rights, the tribunal’s functioning, and the process for seeking justice.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304