The AAT was constituted to adjudicate disputes in respect of certain conditions of service of certain classes of Civil Servants of the state.
Civil Servant means a person who is or has been a member of the civil service or who holds or has held a civil post in connection with the affairs of the State of Assam and includes any such person on foreign service, a person whose services have been temporarily placed at the disposal of a local or other authority, any person in the service pf the local or other authority, whose service has been temporari;y placed at the disposal of the State Govt. on a contract and a person who has retired from the Govt. Service elsewhere and has been re-employed under the State Govt. but does not include employees of the Gauhati High Court, employees of Assam Legislative Assembly, employees of the secretariat, employees of Assam Public Service Commission, persons in the All India Service and other Civil Services of the Union, or persons of Civil Services of other State Govt., serving on deputation in Assam.
Any civil servant aggrieved in matters related to his service condition may file appeal petition before the Assam Administrative Tribunal against any order passed by a competent authority in respect of any condition of service.
'Conditions of Service' includes all matters relating to :
1. Appointment, seniority, confirmation and termination of service of a civil servant ;
2. Censure, withholding of increments or promotion, recovery from pay of any loss to the Government, reduction to a lower service, grade or post, or to a lower time scale, or to a lower stage in a time scale, denial or variation of pension, or denial of the maximum pension.
3. All matters arising out of the application of the Fundamental Rules and Subsidiary Rules.
A person serving in the armed forces cannot file a petition before the Assam Administrative Tribunal, civil services of the State of Assam means the services other than military, naval and air force services. By no means, any service which is not civil service as defined in the Act may be included for the purpose of the jurisdiction of the tribunal.
Yes, the Tribunal shall have jurisdiction to entertain and dispose of appeals, preferred by civil servants against any order passed by a competent authority in respect of any condition of service. However, there is an exception that in some cases the tribunal shall have no jurisdiction with respect to any order passed when civil servant has not availed of all the remedies available to him under the relevant service rules, executive instructions or orders, provided that not withstanding anything contained in the above, the Tribunal may entertain an appeal from a civil servant, if any appeal, revision, petition or represerntation, filed by the civil servant under the relevant civil service rules before the competent authority has not been finally disposed of by the competent authority within a period of six months from the date of filing such appeal, revision, petition or representation, However in appropriate cases the Tribunal may also relax the period of six months mebtioned above.
The tribunal shall have jurisdiction to entertain and dispose of appeals preferred by civil servants against any order passed by a competent authority in respect of any condition of service.
Yes, there is a specific time for filing an appeal. No appeal shall lie before the Tribunal after the expiry of sixty days from the date of the order appealed against. However, the tribunal may entertain an appeal after the expiry of sixty days from the date of passing the order, if the Tribunal is satisfied that the civil servant was prevented by any sufficient cause from preferring the appeal before the aforesaid period.
The following procedure may be fulfilled while filing an appeal :
1. A Memorandum of Appeal to the Tribunal may be presented by the appellant or his authorized representative or an Advocate in person to the Registrar during the office hours at the headquarters of the Tribunal or may be sent by the appellant by registered post to the Registrar at the headquarters of the Tribunal.
2. A Memorandum of Appeal sent by post shall be deemed to have been presented to the Registrar on the date of its receipt in the office of the Tribunal at its headquarters.
Every memorandum of appeal shall be in Form no. 1 and shall :
i. state the name and address of the appellant
ii. state the name and address of the appellant (to the extent known) of the necessary respondents; and
iii. set out concisely and under distinct heads the grounds of appeal without any argument or narrative.
i. A certified copy of the order appealed against.
ii. Where the appellant, for reasons beyond his control, is not in a position to furnish a duly certified copy of the order under item (i) above, the appeal shall be accompanied by an affidavit stating the reasons therefore and
ii. Copy or copies of the document/documents on which the appellant wishes to rely along with the list of the documents.
Along with the memorandum of appeal, the appellant shall submit the following numbers of copies of the memorandum of appeal along with its annexure to the Registrar:
i) three copies for the Tribunal, and
ii) as many copies as there are respondents in the case.
