LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

9329567675   23 April 2021

How much time does a case in cat take??

Sir i am sudesh pachauri working in a central govt department since 2013. I filed an O.A. In cat jabalpur in September 2019 regarding expunging the adverse remarks from my apar and granting me promotion retrospectively by upgrading my apar. I have been deprived of promotion in last 3 DPCs while being considered for the same in each of them. 

When i call my advocate for the status he hardly replies and not meet when i go to his office he doesn't allow to meet and his assistant tells check the status on website. I am getting very depressed and frustrated as one and half years have been passed and i am not getting anything out of it...even my colleagues and junior start making fun of me in the office..my family life also started getting disturbed because of all these... Kindly suggest me what can i do so that the said trial in the CAT could be done faster. Thanks


 17 Replies

Dr J C Vashista (Advocate)     23 April 2021

@ 9329567675,

If you are not satisfied with the performance of your lawyer change him/ her immediately.

You will appreciate there is stalemate in functioning of judicial system all over the world and India including CAT due to pandemic COVID-19. Accordingly there is minimum proceedings in your case as well. You will have to wait till normalcy after COVID-19.

No comments can be passed on the basis of limited facts posted by you, hence it is necessary to peruse case file.


1 Like

Sankaranarayanan (Advocate)     23 April 2021

I do Absolutely agrees Dr Vash*ta's answer 

1 Like

P. Venu (Advocate)     23 April 2021

What is the present status of the matter? Has the respondents filed the written statement and completed pleadings? 

Pradipta Nath (Advocate)     23 April 2021

You have the liberty to change your present Advocate if he is continue to maintain communication gap.

9329567675   23 April 2021

Thanks all the respected sirs for your precious time....sir as per conversation with my lawyer's assistant notice from registrar has been sent in January 2020. But the respondents reply is awaited. Thanks

Dr J C Vashista (Advocate)     24 April 2021

Thank you Mr. Sankar Narayanan for agreeing with me.

P. Venu (Advocate)     24 April 2021

CAT(Procedure) Rules require that the respondent should file their reply within one month of the service of the Notice. As the delay is inordinate, you may instruct your advocate to file an IA to decide the OA on merits without any longer waiting for the reply to be filed. It would be advantageous if directions are got issued for production of the concerned file.

"sir as per conversation with my lawyer's assistant notice from registrar has been sent in January 2020". This information does not appear to be correct. It is the prevailing practice that, before filing, advance copy of applications/petitions are served on the Government Counsel.

9329567675   09 June 2021

Namaste sirs,

Today in a order people junior to me got promotion. It is the 3rd DPC in which i have been denied promotion  since last 3 years after being considered in each of them.

I informed my lawyer about it and he said Amendment in the filed OA is need to be done and i will have to pay 25000 for that.

Is this a right approach? What is the amendment is an OA? Will that make any difference in my case?

Kindly suggest me if there is other ways?

P. Venu (Advocate)     09 June 2021

What, exactly, are the reliefs sought in the OA?

9329567675   22 September 2023

Namaste Sirs,

The case is still pending. Till date 13 adjournment has been passed. Department has recently submitted it's response for which i am given 4 weeks time to file a rejoinder. Relief sought is to grant me promotion, seniority and financial benefits retrospectively.

Sir my query is that since my batch is getting their next promotion from group B cadre to group A next year. If CAT decides it's judgment in my favour will i be given promotion from group B to group A directly? Or the dept may say that i need to have some years of service or training before getting promotion from group B Gazetted to group A Gazetted? 

Kindly guide me.


Sudhir Kumar, Advocate (Advocate)     23 September 2023

You are not clear with facts.  All you have conveyed is that :


  1. deptt has now filed reply.
  2. you are to file rejoinder

all other issues are sperate.


You have not clarified :-


  1. which post you are holding
  2. which is next post.
  3. what is the qualification (for promotion) for next post as per recruitment rules of the said post.
  4. whether any such training has been precribed
  5. whether you have been sent o such training.
1 Like

9329567675   23 September 2023


1. I got selected for the post of Scientific assistant (group B NG),

2. My next promotion is supposed to be for the post of EAD (group B GZ) and further promotion for the post of Assistant Director ( group A GZ).

3. A mandatory training programme for the period of 15 days is required to get promotion from EAD (group B GZ) to AD ( group A GZ).

4. That training has not been given to me yet.

It has been 4 years and till date 13 adjournment with some directions have been passes by hon CAT. 

In my OA and further MA i pleaded promotion retrospectively and also requested to reserve all my rights till the cat decided my case.

I wrote to ministry as well and met the secretary in person.. She call my files and apar related documents from my HQ and then after observing all the facts she ordered the chairman to review my apar as there were no substantial proofs/facts that may support adverse entries in the apar. She also wrote my reporting, reviewing and accepting authority and asked their response. But was not convinced with their reply.

Finally dept replied that since the matter is pending with CAT so they can't review my apar.

Sudhir Kumar, Advocate (Advocate)     24 September 2023

whether this mandatory training is laid down in recruitment rules for the post of EAD?


have you not been deputed on this training in selective manner?


have you represented against non-induction?


have you got any interim order whatsoever form CAT.


The facts of your case reasonably apperar to be scattered and you seem to be running out of time.  You need to discuss the matter with knowledgeable person.(with relevant papers)

P. Venu (Advocate)     25 September 2023

You are pursuing the wrong remedies. The Tribunal can grant expunge the adverse remarks if so justified. But there could be no consequential relief to grant promotion. As already pointed out, your present focus should be in getting the adverse remarks expunged. Your obsession with other aspects would only overburden you.

Moreover, no person by name, Sudesh Pachauri, seems to have filed any OA before CAT, Jabalpur. if filed, what is the OA No.?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register