AI Overview...
Section 21 of Central Administrative Tribunal Act Impugned
-
Limitation Period - Section 21 of the Central Administrative Tribunal Act, 1985, prescribes a limitation of one year for filing applications before the Tribunal. Multiple sources confirm this period as the statutory limit for initiating proceedings UMA SHANKAR VS UNION OF INDIA - Allahabad, Gordhan Lal Berwa VS Union of India - Rajasthan, Raj Kumar Biswas S/o Late Binod Biswas VS Union of India through the General Manager, South Eastern Railway - Jharkhand, Rohit Kumar VS Union of India, through the General Manager, South Eastern Railway - Jharkhand, GORDHAN LAL BERWA vs UNION OF INDIA and ORS - Rajasthan.
-
Application of Limitation - Applications filed after the expiry of this one-year period are generally considered barred by limitation. Courts and Tribunals have consistently held that delay beyond this period cannot be condoned unless exceptional circumstances are demonstrated UMA SHANKAR VS UNION OF INDIA - Allahabad, Girja Shankar Sharma vs Union of India - Central Administrative Tribunal.
-
Condonation of Delay - Section 21(3) allows for condonation of delay in certain cases, but such applications are scrutinized strictly. The Tribunal or Court must be convinced of sufficient cause for the delay, and mere delay does not automatically warrant condonation UMA SHANKAR VS UNION OF INDIA - Allahabad, Girja Shankar Sharma vs Union of India - Central Administrative Tribunal.
-
Judicial View - Courts have emphasized that rights must be exercised promptly. Applications filed after the prescribed period are often dismissed on the ground of limitation, especially when more than a few years have elapsed since the cause of action Ghulam Mohid-din Shah vs Union Territory of Jammu & Kashmir Government - Central Administrative Tribunal, Rohit Kumar VS Union of India, through the General Manager, South Eastern Railway - Jharkhand.
-
Implication for Employees - In cases involving pension, service benefits, or other service-related grievances, the Tribunal has dismissed petitions filed beyond the limitation period, reaffirming the importance of timely filing Ghulam Mohid-din Shah vs Union Territory of Jammu & Kashmir Government - Central Administrative Tribunal, Gordhan Lal Berwa VS Union of India - Rajasthan.
-
Case Examples:
- An application filed five years after disengagement was dismissed for being time-barred Rohit Kumar VS Union of India, through the General Manager, South Eastern Railway - Jharkhand.
- Delay in filing compassionate appointment requests or pay fixation grievances has been scrutinized under Section 21, with courts dismissing petitions where the limitation period was exceeded Girja Shankar Sharma vs Union of India - Central Administrative Tribunal.
Analysis and Conclusion
The main insight is that Section 21 of the Central Administrative Tribunal Act, 1985, sets a strict one-year limitation for filing applications. While delay can be condoned under certain circumstances, the burden is on the applicant to demonstrate sufficient cause. Courts and Tribunals have consistently upheld the limitation period, and applications filed beyond this timeframe are typically dismissed as barred by limitation. This emphasizes the importance of prompt action by aggrieved parties to ensure their grievances are adjudicated within the prescribed statutory period.
References: - UMA SHANKAR VS UNION OF INDIA - Allahabad - Gordhan Lal Berwa VS Union of India - Rajasthan - Raj Kumar Biswas S/o Late Binod Biswas VS Union of India through the General Manager, South Eastern Railway - Jharkhand - Rohit Kumar VS Union of India, through the General Manager, South Eastern Railway - Jharkhand - Girja Shankar Sharma vs Union of India - Central Administrative Tribunal - Ghulam Mohid-din Shah vs Union Territory of Jammu & Kashmir Government - Central Administrative Tribunal - GORDHAN LAL BERWA vs UNION OF INDIA and ORS - Rajasthan
Search Results for "Section 21 of Central Administrative Limitation Impugned"
2002 0 Supreme(All) 422 • India - Allahabad
RAKESH TIWARI, M.KATJU
Tribunal on the ground of limitation prescribed under Section 21 of the Administrative Tribunal Act. ... Limitation - Administrative Tribunal Act - The court held that a petition admitted by the Central Administrative Tribunal can ... delay has been condoned under Section 21(3) of the Administrative....
2010 0 Supreme(Raj) 1271 • India - Rajasthan
A.M.KAPADIA, GOPAL KRISHAN VYAS
under Section 21 of the Central Administrative Tribunal Act, 1985 is one year and order impugned in the original application was ... 21 of the Central Administrative Tribunal Act, 1985, if any grievance was left with the petitioner with regard to order dated 27.05.2005 ... It is true that order impugned was passed on 27.05.2005 and o....
2025 Supreme(Online)(CAT) 11885 • India - Central Administrative Tribunal
Rajiv Joshi, Member (Judicial), Anjani Nandan Sharan, Member (Administrative)
It addresses the applicant's request to quash a prior order denying his pay fixation, referencing the Central Administrative Tribunal ... He further submitted that as per Section 21 of Central Administrative Tribunal Act , 1985, ... contained in Section 3 of the Limitation Act ; (v) Courts are empowered to exercise ... Act have to be construed differ....
2018 0 Supreme(Jhk) 373 • India - Jharkhand
APARESH KUMAR SINGH, RATNAKER BHENGRA
Service Laws – Removal of service – Compassionate Allowance – Central Administrative Tribunal has dismissed ... (R) with M.A. by the learned Central Administrative Tribunal, Circuit Bench at Ranchi. – Writ Petition Dismissed. ... Tribunal Act, 1985 within the period of one year as per Section 21 thereof. – Mere representation before the National Commission ... year as per Sect....
2016 0 Supreme(Jhk) 245 • India - Jharkhand
VIRENDER SINGH, SHREE CHANDRASHEKHAR
Senapati whereas, the limitation for filing the application is one year, as one finds from Section 21 of the Central Administrative ... Five years after his disengagement, the petitioner approached the Central Administrative Tribunal in O.A. ... Senapati is taken as the proximate cause of action, still the present O.A. is barred by limitation being fil....
2010 0 Supreme(Raj) 251 • India - Rajasthan
MAHESH BHAGWATI, K.S.RATHORE
The provisions with regard to period of limitation as provided under section 21 of the Central Administrative Tribunal Act, 1985 ... provided under Section 21 of the Central Administrative Tribunal Act, 1985 and as such the applications being not maintainable could ... It is nowhere mentioned in the said judgment that even after the p....
2025 Supreme(Online)(CAT) 6372 • India - Central Administrative Tribunal
D. S. Mahra, J
(A) Central Administrative Tribunals Act, 1985 - Section 21 - Delay in filing application - Applicant sought pensionary benefits ... ... ... Findings of Court: ... The tribunal found the application barred by limitation, emphasizing that rights must be exercised ... post-retirement and more than 35 years since the issuance of SRO 59 - The tribunal held that the application was hopelessly barred by #HL_....
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
Central Administrative Tribunal Act, 1985 is one year span style
2015 0 Supreme(Del) 3 • India - Delhi
KAILASH GAMBHIR, I.S.MEHTA
Fact of the Case: The petitioner sought to set aside an order passed by the Central Administrative Tribunal regarding ... The court dismissed the petition and directed the petitioner to comply with the directions given by the Central Administrative Tribunal ... Administrative Tribunal. ... Respondent present in person on the other hand stands by the impugned order passed by the learned....
2025 Supreme(Online)(CAT) 12767 • India - Central Administrative Tribunal
Mohan Pyare, A
(A) Central Administrative Tribunal Act, 1985 - Section 21 - Delay Condonation Application - The applicant sought compassionate appointment ... ... ... Issues: The central issue was whether the delay in making the application could be excused, as per Section 21 of the Central ... Administrative Tribunal Act, which limits the time fr....
Filter by Legal Phrase
