Section 21 of the Administrative Tribunals Act, 1985: Limitation for CAT Applications
Updated: 14 September 2026
Section 21 of the Administrative Tribunals Act, 1985 prescribes the limitation period for filing an application before an Administrative Tribunal, including the Central Administrative Tribunal (CAT). In ordinary cases, the provision uses a one-year filing period, while also dealing with cases in which a departmental appeal or representation remains undecided and with delayed applications supported by sufficient cause.
What is limitation under Section 21 of the CAT Act?
"Limitation" means the statutory time within which a proceeding must ordinarily be instituted. Section 21 places a time restriction on applications presented to the Tribunal. The starting point depends on whether a final departmental order has already been made or whether an appeal or representation has remained pending without a final order.
| Situation | Ordinary limitation under Section 21 |
|---|---|
| A final order referred to in Section 20(2)(a) has been made | Within one year from the date of the final order. |
| An appeal or representation referred to in Section 20(2)(b) has been made, but no final order is passed for six months | Within one year from the date on which that six-month period expires. |
| The application is filed after the prescribed period | The Tribunal may admit it if sufficient cause for the delay is shown under Section 21(3). |
Section 21: Limitation
The following reproduces the substance of Section 21 as carried in the Administrative Tribunals Act, 1985. For authoritative statutory text and amendment status, refer to the official India Code resource linked below.
(1) A Tribunal shall not admit an application:
(a) where a final order of the kind referred to in Section 20(2)(a) has been made in connection with the grievance, unless the application is made within one year from the date on which that final order was made; or
(b) where an appeal or representation of the kind referred to in Section 20(2)(b) has been made and six months have expired without a final order, unless the application is made within one year from the date on which that six-month period expired.
(2) The sub-section contains a transitional rule for certain grievances arising from orders made during the three years immediately preceding the date on which the Tribunal's jurisdiction, powers and authority became exercisable in relation to the matter, provided proceedings had not already commenced before a High Court. The later-expiring statutory period applies.
(3) Notwithstanding sub-sections (1) and (2), a delayed application may be admitted if the applicant satisfies the Tribunal that there was sufficient cause for not making the application within the prescribed period.
Official text: Administrative Tribunals Act, 1985 on India Code.
How is the limitation period calculated?
1. Final departmental order has been passed
If the competent authority has passed the final order contemplated by Section 20(2)(a), Section 21(1)(a) ordinarily requires the Tribunal application to be made within one year from the date of that final order.
2. Appeal or representation remains undecided
Section 20(2)(b) treats departmental remedies as exhausted when an appeal or representation has been made and six months pass without a final order. Section 21(1)(b) then gives one year from the expiry of that six-month period for filing the Tribunal application.
3. Filing after the ordinary period
Section 21(3) is the delay-condonation provision. The applicant must explain the delay and satisfy the Tribunal that sufficient cause prevented filing within the statutory period. The question is case-specific and should be supported by clear facts and, where available, documents covering the material period of delay.
Relationship between Section 20 and Section 21
Sections 20 and 21 operate together. Section 20 deals with exhaustion of available departmental remedies before an application is ordinarily admitted. Section 21 then fixes the time within which the application is to be made. This is why Section 21(1) expressly refers to the final order, appeal and representation described in Section 20(2).
Section 21(3): Condonation of delay and "sufficient cause"
Section 21(3) gives the Tribunal discretion to admit an application after expiry of the prescribed period. It does not automatically extend limitation. A person seeking condonation should normally state when the cause of action arose, identify the relevant order or representation, explain why the application could not be filed in time, and support the explanation with material facts and documents.
A separate application for condonation of delay may be required in practice where the Original Application is presented beyond limitation. Filing requirements should be checked against the applicable CAT procedure and the directions of the concerned Bench.
Practical points before filing a CAT application
- Identify the exact final order or other event from which limitation is claimed to run.
- Keep proof of the date of communication of relevant departmental orders where applicable.
- Preserve copies and proof of submission of departmental appeals or representations.
- If six months have passed without a final departmental order, calculate the Section 21(1)(b) period carefully.
- If the application is delayed, explain the entire material period and seek condonation under Section 21(3).
- Check the filing rules and current e-filing instructions of the relevant CAT Bench.
Official CAT resources
The Central Administrative Tribunal's official website provides current information on benches, case management, cause lists and related services. Its official e-filing portal provides filing guidance and online services.
Central Administrative Tribunal - official website
CAT e-Filing - official portal
Frequently asked questions
What is the normal limitation period for a CAT application?
Where a final order covered by Section 20(2)(a) has been made, Section 21(1)(a) ordinarily requires filing within one year from the date of that final order.
What happens if a departmental representation is not decided?
Where the situation falls within Section 20(2)(b), six months must first expire without a final order. Section 21(1)(b) then provides one year from the expiry of those six months.
Can CAT condone delay?
Yes. Section 21(3) permits admission of a delayed application if the applicant satisfies the Tribunal that there was sufficient cause for not filing within the prescribed period.
Is Section 21(2) the general rule for present-day CAT cases?
No. Section 21(2) is framed as a transitional provision connected with grievances arising around the date on which the Tribunal's jurisdiction became exercisable in relation to the matter. Current filings ordinarily turn on Section 21(1), subject to Section 21(3).
This page is a general legal information resource. Limitation can depend on the facts, the operative service order, the remedy pursued and the relief claimed.