The Central Administrative Tribunal in a single body throughout India and it has several benches spread all over the country. Its principal bench is in New Delhi. Accordingly, its different benches are supposed to follow the same policy and have consistency. If the bench at one place does not agree to a legal principle laid down by another bench of the Tribunal, instead of giving a different opinion, it is supposed to refer the matter to a larger bench for resolution of the issue.
Secondly, whether or not the decision of the Tribunal given in the case of one employee would be binding in respect of other employees would depend upon whether any legal principle has been laid down applicable to all similarly placed persons or whether that was decided purely on the facts of that particular employee.
In any case, if you feel that your case is completely covered by the decision of the Tribunal delivered in the case of another employee (even if it was delivered by another bench of the Tribunal), you may make a request to the competent authority in your department for applying the same legal principle in your case based upon the decision of the Tribunal. If your department gives you the similar benefit based on the decision of the Tribunal, it’s well and good. Otherwise, you may have to file an Original Application before the bench of the Tribunal having jurisdiction in your matter and in that Original Application, you can specifically mention that your matter is covered by such decision of the Tribunal. In a covered case, proceedings before the Tribunal will be comparatively shorter and you are likely to get the decision earlier than usual. That is the way you can proceed further in your matter.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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