Limitation
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.
This section refers to
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.
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Union of India Ministry of Health and Family Welfare and Anr. Secretary vs K Asaithambi
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.
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Bhanwar Singh v. Presiding Officer, CAT
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.
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.
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… 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 …
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… 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 …
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… 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 …
Made under this section, and citing it
14 instruments name this provision in its title or its text without being made under it.
- Abolition of Andhra Pradesh Administrative TribunalNotification 2020
- Abolition of Himachal Pradesh Administrative TribunalNotification 2019
- Abolition of Odisha Administrative TribunalNotification 2019
- Himachal Pradesh Administrative Tribunal (Procedure) Rules, 2015Rule 2015
- The Kerala Administrative Tribunal (Procedure) Rules 2010Rule 2010
- Abolition of Himachal Pradesh SAT in 2008Notification 2008
- West Bengal Administrative Tribunal (Procedure) Rules, 1994Rule 1994
- Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989Rule 1989
- The CAT (Procedure) Amendment Rules, 1988Rule 1988
- The Maharashtra Administrative Tribunal (Procedure) Rules, 1988Rule 1988
- CAT (Procedure) Rules, 1987Rule 1987
- Establishment of Orissa Administrative Tribunal in 1986Notification 1986
- Karnataka Administrative Tribunal (Procedure) Rules, 1986Rule 1986
- Orissa AT(conditions of service of Chairman and Vice-Chairman and Members) Rules 1986Rule 1986
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
- 14. Jurisdiction, powers and authority of the Central Administrative Tribunal596 words
- 4. Establishment of Administrative Tribunals589 words
- 29. Transfer of pending cases586 words
- 3. Definitions549 words
- 6. Qualifications for appointment as Chairman, Vice-Chairman and other Members548 words
- 15. Jurisdiction, powers and authority of State Administrative Tribunals545 words
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.