What is the jurisdiction of Central Administrative Tribunal (CAT)?

Jurisdiction of the Central Administrative Tribunal (CAT)

The Central Administrative Tribunal (CAT) was established under the Administrative Tribunals Act, 1985, to adjudicate disputes and complaints relating to the service matters of central government employees. Its jurisdiction is specialized and well-defined, covering a range of service-related issues for specific categories of public servants. Here is a detailed explanation of CAT’s jurisdiction:

1. Subject-Matter Jurisdiction

CAT's jurisdiction primarily extends to adjudicating disputes and complaints related to "service matters" of central government employees. The term "service matters" includes the following aspects:

- Recruitment and Appointments: Issues related to the process of recruitment and appointments in various central government departments can be brought before CAT. It can adjudicate disputes concerning eligibility, selection procedures, reservations, and other recruitment-related grievances.

- Service Conditions and Benefits: Matters involving conditions of service, entitlements, and employee benefits, such as leave, allowances, medical facilities, and pensions, are within CAT's jurisdiction.

- Promotion and Seniority Disputes: Employees may approach CAT for matters related to promotions, seniority, and other career progression disputes. This includes cases where employees feel they have been unjustly denied promotions or have concerns regarding the maintenance of seniority lists.

- Transfers and Postings: CAT can adjudicate cases where employees challenge transfer or posting orders, especially if the transfer is perceived to be punitive, arbitrary, or in violation of established rules and guidelines.

- Disciplinary Actions and Penalties: CAT has the authority to hear cases where employees face disciplinary actions, such as suspension, demotion, termination, or imposition of fines. Employees can challenge the fairness or legality of such actions before the tribunal.

- Retirement and Pension Disputes: Cases related to retirement benefits, including disputes over pension calculations, gratuity, and other post-retirement entitlements, can be filed with CAT.

- Regularization of Service: CAT can adjudicate matters concerning the regularization of employees who were initially appointed on temporary or contractual bases.

2. Territorial Jurisdiction

CAT exercises territorial jurisdiction over service matters related to central government employees across India. The tribunal operates through various benches located in different parts of the country, ensuring access to justice for employees in different regions. The principal bench is situated in New Delhi, while other regional benches are located in major cities, such as Mumbai, Kolkata, Chennai, Bangalore, and others.

Each bench has jurisdiction over the cases arising within its specified territorial boundaries, based on the location of the concerned government office or the applicant’s place of employment.

3. Personnel Covered Under CAT Jurisdiction

CAT's jurisdiction extends over a wide range of central government employees and public sector employees, including:

- Central Government Employees: This includes all civil servants who are employed under the Government of India, such as employees working in ministries, departments, and subordinate offices.

- Employees of Union Territories: The tribunal also has jurisdiction over the service matters of employees serving in Union Territories.

- Employees of Public Sector Undertakings (PSUs): Certain categories of employees working in public sector enterprises controlled by the central government can file service-related disputes in CAT.

- Employees of Autonomous Bodies and Statutory Organizations: Employees of autonomous bodies or statutory organizations, which fall under the control of the central government, can bring their grievances before the tribunal.

- Employees under Certain Specific Government Departments and Organizations: CAT's jurisdiction extends to employees of specialized bodies like the Central Administrative Services, Indian Revenue Services, and other organized central services.

4. Exclusions from CAT’s Jurisdiction

Certain categories of personnel and service matters are specifically excluded from the jurisdiction of the Central Administrative Tribunal. These include:

- Members of the Armed Forces: Service matters related to military personnel are beyond the jurisdiction of CAT. Matters concerning defense personnel, such as Army, Navy, and Air Force employees, are addressed by the Armed Forces Tribunal.

- Judges of the Supreme Court and High Courts: The tribunal does not have jurisdiction over judicial officers, such as the judges of the Supreme Court and High Courts, regarding service disputes.

- Employees of the Secretariat Staff of Parliament: Employees working in the Secretariat of Lok Sabha or Rajya Sabha are not covered under CAT's jurisdiction.

- State Government Employees: CAT’s jurisdiction is limited to central government employees and employees under the administrative control of the central government. Service disputes related to state government employees are adjudicated by State Administrative Tribunals (if established) or other judicial bodies.

5. Jurisdiction Over Appeals and Administrative Remedies

Before approaching CAT, an aggrieved employee must generally exhaust available administrative remedies, such as departmental appeals or reviews. The tribunal has the power to hear cases only if these remedies have been pursued or if the employee can show that there were valid reasons for not doing so.

6. Powers and Authority of CAT

CAT has the same powers as a civil court for the purposes of discharging its functions, which include:

- Summoning and Enforcing Attendance of Witnesses: CAT can compel witnesses to appear before it and provide testimony.

- Production of Documents: The tribunal can demand the production of documents necessary for the resolution of the dispute.

- Issuing Commissions for Examination of Witnesses: It has the authority to appoint commissions for the examination of witnesses or documents.

- Granting Interim Relief: CAT can grant interim reliefs, such as stay orders, during the pendency of proceedings.

- Reviewing Its Own Orders: The tribunal has the power to review its decisions if sufficient grounds are presented.

Conclusion

The Central Administrative Tribunal plays a crucial role in resolving service-related disputes of central government employees. With a broad subject-matter jurisdiction covering recruitment, promotions, transfers, disciplinary actions, and retirement benefits, CAT ensures that employees have access to a specialized and efficient forum for redressal of grievances. However, its jurisdiction is limited to central government employees and excludes military personnel, judicial officers, and state government employees. The tribunal’s territorial jurisdiction, through its regional benches, makes it accessible to employees across the country.

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

www.jsrohilla.com