CENTRAL ADMINISTRATIVE TRIBUNAL & COURT CASES WITH SPECIAL REFERENCE TO FILING OF REVIEW PETITIONS, SLPS
CAT - Established on 1.11.1985 - It is a forum appointed by a statute having powers to adjudicate on the matters falling within its jurisdiction. Only service matters are entertained after exhausting all departmental remedies.
Chairman - Sitting HC Judge (Judicial), 1 Administrative Member = 2 Members minimum structure
Aim - (1) Expeditious disposal of cases (2) Economical -
Excluded - Armed Forces, SC/HC/Secretariat staff of parliament
Principal Bench at NDLS - MAS SBC BOMBAY GUWAHATI CHANDIGARH JAIPUR JBP COCHIN CCC PATNA ADI JODHPUR KUTTACK HYB ALD LKO
Action on receipt of application by Admn. -
1) To see limitation
2) To send it to concerned Branch for remarks
3) After receipt of remarks from concerned branch scrutinize it in view of law points/procedural lapse
4) To send it to Rly. Advocate for final draft
5) Attend dates for hearing
Send it to RB if SLP is to be filed
Writ Petition in HC - from Nov. 98 - When CAT judgement is against Rly. Administration, writ petition can be filed in High Court.
Spl. Leave Petition is filed along with application for stay condonation of delay within a period of 3 months from the date of judgement of HC where appeal is to be filed in SC against judgement of HC.
Review Petition - When there occurred apparent mistakes in judgement, such petition is not heard in open court but disposed of by circulation and decision is intimated to the parties. Such petition should be filed within a period of one month from the date of judgement.
Engagement of advocates - High Courts - Enquiry from Ministry of Law and Justice/Sr. Central Govt. Council/ President of Bar Association/Eminent council practicing in HCs/Advocate General. Separate panels for Senior and Junior Advocates. Once in 3 years panel be drawn according to workload. 1 ½ times Advocates be recommended to RB for empanelment Qualification/Age/Experience/Performance of Advocate should be indicated. Zonal Rly. Should forward recommendation to the Legal Advisor of Board and make appointments out of these panels only.
Appointment of Advocates in Subordinate courts On the basis of independent enquiry Cross check with DM or Sr. Most Judge or Government Advocate
GM will be the final authority
Payment of fees to them
Original Suit in Sub-Ordinate Court and High Court
Contested cases - Fee payable as per Court Schedule
Cases settled out of court
Rs. 30/-per adjournment subject to maximum of 50% of schedule if settlement is made before Issue
-do- after Issue before recording of evidence
75% of the Schedule if settlement of suit is made after recording evidence
Full fee settled after the hearing of the case is concluded and before judgement is declared.
Appeals in Sub-ordinate Courts and High Courts
Contested cases - Fee payable as per Court Schedule
Cases settled out of Court
1/3 of the fee if settled before argument
2/3 -do- during argument
Full Fee if settled after hearing of the case is conducted and before judgment is delivered.
Civil Revision Petitions in HCs
Contested cases - Payment shall be fixed by HC subject to Minimum of Rs.500/-
Cases settled out of Court - Same as above
Writ Petitions/Appeals in High Courts
Contested cases - Fee Rs. 350/- for each Writ Petition/Appeal. If Writ Petition/Appeal is heard together in batches, the fee payable shall be Rs.350/- for the Main Petition/Appeal and Rs.50/- for each of other Petition/Appeal.
