Tribunals

Original Application under Section 19 of the Administrative Tribunals Act, 1985

An Original Application (O.A.) is the primary pleading filed before the Central Administrative Tribunal (CAT) to initiate proceedings against an order affecting the service conditions of a Central Government employee. It is a statutory remedy that allows an aggrieved government servant to challenge actions such as dismissal, promotion, pay fixation, or transfer.

This document is filed under Section 19 of the Administrative Tribunals Act, 1985 and must conform to Form I prescribed by the CAT (Procedure) Rules, 1987. It combines a structured tabular format for party details with a narrative pleading for facts, grounds, and the relief sought.

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Governing law
Administrative Tribunals Act, 1985 ss.14, 19, 21; CAT (Procedure) Rules, 1987 r.6 & Form I
Sections
s. 19s. 14s. 21
Filed before
Central Administrative Tribunal

When this is the right filing

  • To challenge a final order passed by a department or authority on a service matter, including promotion, seniority, pay fixation, transfer, suspension, dismissal, or reversion.
  • When the applicant is a Central Government servant or an employee of a public authority whose service matters fall within the Tribunal's jurisdiction under Section 14 of the Act.
  • After exhausting departmental remedies, such as a representation to the competent authority, or when disclosing valid reasons for not exhausting them.
  • When the cause of action has arisen within the limitation period prescribed under Section 21 of the Act, or when seeking condonation of delay for a belated filing.
  • Do not use this application if the grievance pertains to a private-sector employment dispute or a state government service matter, as those fall outside the CAT's jurisdiction.

What the court looks for

  • A clear declaration that the applicant is a government servant whose service matters are within the Tribunal's jurisdiction under Section 14 of the Administrative Tribunals Act, 1985.
  • Specific details of the impugned order, including its number, date, and the authority that passed it.
  • A chronological statement of facts and numbered grounds that establish a violation of service rules, principles of natural justice, or constitutional provisions like Articles 14 and 16.
  • Proof of exhaustion of departmental remedies, with details of the representation made and its outcome, to satisfy the precondition under Section 21.
  • A verifying affidavit sworn by the applicant, confirming the truth of the contents, and a declaration that no other application or writ petition on the same subject matter is pending.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Particulars of the applicant
  2. 2Particulars of the respondents
  3. 3Details of the order / action impugned
  4. 4Jurisdiction of the tribunal
  5. 5Limitation
  6. 6Facts of the case
  7. 7Grounds
  8. 8Details of remedies exhausted
  9. 9Relief(s) sought
  10. 10Matters not previously filed
  11. 11Verifying affidavit

Frequently asked questions

What is the difference between an Original Application under Section 19 and a writ petition in a High Court?

An Original Application under Section 19 is a statutory remedy filed before the Central Administrative Tribunal specifically for service matters of Central Government employees. A writ petition under Article 226 is filed in the High Court and has a broader scope, but the CAT was established to provide a specialized and speedy forum for service disputes, reducing the burden on High Courts.

Is it mandatory to exhaust departmental remedies before filing an Original Application?

Yes, Section 21 of the Administrative Tribunals Act, 1985 generally requires an applicant to have first made a representation to the competent authority and awaited the outcome. The application must plead that remedies have been exhausted, or it must disclose sufficient reasons for not doing so, such as an unreasonable delay by the department in deciding the representation.

Can multiple reliefs be combined in a single Original Application?

Yes, a single Original Application can include multiple prayers for relief, provided they arise from the same cause of action or are connected to the same impugned order. The reliefs are structured as lettered prayer clauses, and the application must state all the grounds on which each relief is sought.

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