Section21
The Administrative Tribunals Act, 1985

Limitation

In force From 01 Jul 1985 Act 13 of 1985 As on 14 Oct 2026

Act 13 of 1985 Ministry Personnel, Public Grievances and Pensions Enacted 27 Feb 1985 In force 01 Jul 1985 Instruments 14

Section 21 of the Administrative Tribunals Act, 1985 deals with limitation. A Tribunal shall not admit an application,-- (a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made; The Act came into force on 01 Jul 1985.

(1) A Tribunal shall not admit an application,--

(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;

(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.

(2) Notwithstanding anything contained in sub-section (1), where--

(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates; and

(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court,

the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b), of sub-section (1) or within a period of six months from the said date, whichever period expires later.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.

Section 21, The Administrative Tribunals Act, 1985 (Act 13 of 1985).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Union of India Ministry of Health and Family Welfare and Anr. Secretary vs K Asaithambi

    Supreme Court of India 19 Jul 2023 Persuasive (Other High Court / Supreme Court)

    Court's Decision & Legal Precedent

    When courts are misled by factually incorrect submissions made across the bar that form the sole basis for the judgment, the judgment must be set aside. Furthermore, in administrative tribunal proceedings governed by Section 21 of the Administrative Tribunals Act, 1985, every case must be individually tested on all aspects including limitation and delay, with condonation of delay being a prerequisite that must be explicitly addressed when a party approaches after the statutory period. A precedential decision concerning specific parties does not operate 'in rem' to automatically bind all similarly-situated parties without the applying party affirmatively proving identity of facts and circumstances, and the tribunal must satisfy itself that the original application was filed within limitation or that sufficient cause for condonation exists.

    On this section: Court interpreted Section 21 as providing a fixed period of limitation for approaching the Tribunal with provision for condonation of delay. The Court held that every case filed before the Tribunal must be tested on aspects including delay and whether sufficient cause exists for condonation.

    Read the full order on eCourts India

  2. Bhanwar Singh v. Presiding Officer, CAT

    High Court 16 Nov 2009 Persuasive (High Court) Reportable WP 2323/2001 (Delhi HC); Final Order 16.11.2009

    Court's Decision & Legal Precedent

    Challenge to CAT order turns on Administrative Tribunals Act limitation under s.21 and the s.20 bar that applications are not admitted unless other remedies are exhausted. Body date matches Final Order index. DATE VERIFIED Final Order 2009-11-16 (order-1.pdf).

    On this section: Limitation under ATA s.21 central to maintainability before CAT / writ.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. Supreme Court of India 19 Jul 2023 SCIN010083762017

    … The learned counsel appearing for the respondents tried to submit that the decision of Madras High Court dated 25.08.2006 is in rem . 11. We disagree with the said submission for the simple reason that Section 21 of the Administrative Tribunals Act, 1985 provides for a fixed period of limitation for approaching the Tribunal. There is a provision for condonation of delay. Therefore, every case which is filed before the Tribunal on the ground that the benefits of a particular scheme was not granted to the employees will have …

    Read this order on eCourtsIndia

  2. Supreme Court of India 27 Aug 2019 SCIN010340722017

    … pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired." The application to the Tribunal would have to be filed within the period of limitation as prescribed in Section 21(1)(b) of the Administrative Tribunals Act, which would start running from the date of expiry of six months from the date of filing of appeal. The contention of the appellant that the quashing of the first FIR gave rise to a fresh cause of action is completely misconceived. 38. In S.S. Rathore …

    Read this order on eCourtsIndia

  3. High Court 02 May 2022 HPHC010477812019

    … Not only this, if one peruses the petition, para-5 thereof demonstrates that what is averred therein is that this petition, which was initially filed as an Original Application, was within limitation under Section 21 of the Administrative Tribunals Act, 1985. Besides this, it is not as if the Department undertook a process to appoint a regular incumbent against the post in question as per the Recruitment and Promotion Rules. Herein, rather than filling up the post either by way of appointing a regular incumbent by way of …

    Read this order on eCourtsIndia

Made under this section, and citing it

14 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 21

What have the courts held on Section 21 of the Administrative Tribunals Act?

Union of India Ministry of Health and Family Welfare and Anr. Secretary vs K Asaithambi (19 Jul 2023) is the leading judgment on this section among those set out below: Court interpreted Section 21 as providing a fixed period of limitation for approaching the Tribunal with provision for condonation of delay. The Court held that every case filed before the Tribunal must be tested on aspects including delay and whether sufficient cause exists for condonation. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2023.

How do I find court cases under Section 21 of the Administrative Tribunals Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Administrative Tribunals Act 21, section 21 Administrative Tribunals Act, section 21 of the Administrative Tribunals Act. People searching for it also type administrative tribunal act section 21. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Union of India Ministry of Health and Family Welfare and Anr. Secretary vs K Asaithambi (19 Jul 2023).

What should I read with Section 21 of the Administrative Tribunals Act, and has it changed?

Its own text turns on section 20 (Applications not to be admitted unless other remedies exhausted), so none of them can safely be read on its own. 14 instruments name it without being made under it, most recently Abolition of Andhra Pradesh Administrative Tribunal (2020), then Abolition of Himachal Pradesh Administrative Tribunal (2019).

When did Section 21 of the Administrative Tribunals Act come into force?

Section 21 of the Administrative Tribunals Act, cited as Administrative Tribunals Act 21, came into force on 01 Jul 1985, having been enacted on 27 Feb 1985. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.