ADHIKAR SETU - SERVICE MATTERS SUPPORT

KNOW YOUR RIGHTS  •  IDENTIFY THE FORUM  •  PRESERVE YOUR REMEDY

WHO CAN BENEFIT

•Serving/veterans PBORs/Officers, and eligible family members of the Army, Navy and Air Force.

•Serving and retired personnel and eligible family members of CPAPFs, including CRPF, CISF, BSF, ITBP, SSB, RPF, BRO, ICG, NSG, SSF, AR and other covered organisations, subject to the applicable service law and forum.

•Serving and retired employees of Central Govt/GNCTD, in the relevant service framework, including Railways, MoD, MHA, CPWD, CAG, Delhi Police, Postal, Education, Health, NDMC, MCD, DJB, DDA, DMRC, DTC, Civil Defence and others.

•Employees of PSUs, govt owned/controlled banks, universities, colleges, schools, hospitals, autonomous bodies and govt aided institutions, where the applicable legal framework permits the proposed remedy.

•Aspirants affected by rejection of candidature, eligibility, appointment, admission, recruitment or medical fitness, subject to the governing recruitment rules and the jurisdiction of the competent forum, including NTA, SSC, UPSC, NBESM, CBSE, RRB, IBPS, etc. 

WHAT ADHIKAR SETU DOES

•Explains service-law concepts, administrative decisions, service rules and possible remedies in plain language.

•Helps identify the broad category of grievance and the forum that may ordinarily have jurisdiction.

•Helps an individual understand what documents, orders, representations and records are ordinarily important before approaching a legal professional.

•Creates awareness about limitation, alternative remedies, departmental representation/appeal, tribunal jurisdiction and judicial review.

SERVICE-LAW FORUMS & COMMON REMEDIES

PART-I  -  TRI-SERVICES  |  AFT / DHC

•Disciplinary proceedings, show-cause notices, charge-sheets, inquiries and major/minor penalties.

•Court Martial matters, including GCM, DCM and SCM, Bail/anticipatory bail, and challenges/appeals available under the applicable law.

•Service punishment and adverse consequences such as censure/reprimand, forfeiture, reduction, discharge, removal, dismissal or compulsory retirement, where legally challengeable.

•Promotion, seniority, DPC issues, selection, and related service progression disputes.

•ACP/MACP and other financial upgradation issues; Compassionate appointment, APAR/ACR-related grievances

•Pay parity, pay anomaly, stepping-up, pay fixation/re-fixation, pay protection, allowances, counting of past service and leave matters.

•Transfer/posting, deputation, rehabilitation, and other service-condition disputes, subject to the applicable law.

•Premature discharge, re-instatement, desertion-related consequences, 2nd pension, pro-rata pension, shortfall of service and other service/retiral disputes.

•Pension and retirement matters, including WIP, disability pension and applicable family-pension categories, OROP and other retiral benefits.

•Medical reimbursement, IMB/RMB-related disputes, where the governing service rules and AFT jurisdiction permit a challenge.

•Rejection/deprivation of candidature or appointment connected with service/recruitment, where the AFT or another competent forum has jurisdiction.

•ECHS related service-linked issues and related entitlements where 1st instance at Delhi High Court. 

PART-II  -  CENTRAL GOVT/GNCTD - CAT

•Recruitment, appointment, eligibility and service-related selection disputes falling within CAT jurisdiction.

•Promotion, seniority, DPC, LDCE, OTP, and career-progression disputes.

•ACP/MACP, NFU/NFSG where applicable, pay anomaly, stepping-up, pay fixation/re-fixation and allowance claims.

•APAR/ACR adverse entries and related service consequences.

•Disciplinary proceedings, charge memorandum, inquiry, suspension and penalties, including removal/dismissal/compulsory retirement, subject to the applicable rules.

•Transfer/posting/RTP, deputation, probation, absorption, technical resignation, VRS, rehabilitation and related administrative decisions.

•Leave, counting of past service, pay protection, compassionate appointment and other service-condition matters.

•Pension including, pro-rata/mercy/family pension and other retiral benefits, CGHS, medical reimbursement and related post-retirement service claims.

•Departmental grievances/representations and challenges to final administrative orders, subject to limitation and statutory requirements.

•Issues involving departments/bodies such as Railways, MoD, MHA, MeitY, CPWD, CAG, Postal, Delhi Police, Education, Health, NDMC, MCD, DJB, DDA, DMRC, DTC, Civil Defence and other covered establishments. 

PART-III  -  CAPFs / CENTRAL FORCES  |  DELHI HC

•Disciplinary proceedings, charge-sheets, inquiry findings and penalties where judicial review is maintainable.

•Promotion, seniority, selection, APAR/ACR and service progression disputes.

•Pay fixation, ACP/MACP/NFU or equivalent financial-upgradation issues and pay anomalies.

•Transfer/posting, deputation, suspension, compulsory retirement, discharge, removal or dismissal disputes.

•Pension including pro-rata/family pension, disability-related service benefits and retiral dues, where the High Court is the competent/relevant forum.

•Recruitment/candidature, eligibility, appointment and examination-related disputes involving CAPF recruitment.

•Medical/fitness decisions in recruitment or service, including challenges to medical-board decisions where legally reviewable.

•Challenge to arbitrary, discriminatory, mala fide, procedurally unfair or jurisdictionally defective administrative action. 

PART-IV  -  PSUs, BANKS, UNIVERSITIES & INSTITUTIONS  |  DELHI HC

• PSUs: employment/service-condition disputes involving organisations such as IOCL, BHEL, SAIL, Power Grid, MTNL and other covered public-sector bodies.

•Government-owned/controlled banks: service disputes involving banks such as SBI, PNB, Bank of Baroda and other eligible institutions, subject to their governing statutes/rules and available remedies.

•Universities and institutions: disputes involving DU, JNU, JMI, IGNOU, DTU, GGSIPU, IIT Delhi, NIFT and other universities/institutions, where public-law jurisdiction is attracted.

•Promotion, seniority, disciplinary action, termination/removal, recruitment, selection and appointment disputes.

•Pay, pension/retiral benefits and service-condition disputes where the relevant legal framework permits judicial review.

•Arbitrary, discriminatory, mala fide, jurisdictionally defective or procedurally unfair administrative action.

•Recruitment/candidature and admission-related issues where a public-law remedy is available.

PART-V  -  TRIBUNAL / LC-CGIT / DST ORDERS  →  DELHI HC

•Challenge to an adverse/final order of CAT (Principal Bench), where judicial review is available.

•Challenge to an AFT (Principal Bench) decision in an appropriate case, subject to the Armed Forces Tribunal Act and the Supreme Court's jurisprudence on the statutory appellate/review structure.

•Challenge/response concerning Labour Court and Central Government Industrial Tribunal (CGIT) awards/orders, including writ proceedings where maintainable.

•Proceedings concerning Delhi School Tribunal (DST) orders, where the Delhi High Court has appropriate jurisdiction.

•Writ petition / counter / response / written statement / other court filing on the appellant/respondent side, depending upon the case and directions of the Court.

•Interim-relief issues such as stay, protection against coercive consequences, implementation of an order, or preservation of service benefits, where the legal requirements are met.

•Review/recall or other post-order remedies under the governing law or procedural framework. 

PART-VI  -  CANDIDATURE / APPOINTMENT / MEDICAL BOARD

•Rejection of an application or candidature on eligibility, age, qualification, category, experience or document grounds.

•Non-consideration of candidature despite fulfillment of notified eligibility conditions.

•Exclusion from examination, skill test, interview, document verification or final selection.

•Disputes concerning reservation/category, disability-related eligibility, age-relaxation, cut-off, merit or selection procedure, subject to the applicable recruitment rules.

•Cancellation of candidature, withholding of result, non-issuance of appointment letter or denial of joining.

•Medical-board decisions in recruitment/service, including initial medical examination, review medical examination and other prescribed medical stages, where challenge is legally available.

•Challenges to arbitrary or procedurally defective medical assessment, particularly where the recruitment/service rules prescribe a review mechanism.

•Appointment disputes involving pending criminal cases, compassionate appointment, rehabilitation or other special appointment schemes.

•Admission-related disputes involving schools, colleges, universities or professional institutions, where a public-law remedy is available.

•Competitive examinations including UPSC, SSC, DSSSB, NTA, NEET, NBESM, CBSE, RRB, IBPS and other examinations: the forum depends on the recruiting/exam authority and the statutory framework.

PART-VII  -  COMMON SERVICE-LAW ISSUES

•Misconduct and disciplinary proceedings: charge-sheet/SCN → inquiry → findings → penalty → departmental appeal/revision/review → judicial/tribunal remedy, as applicable.

•Promotion and seniority: eligibility → DPC/selection → seniority list → representation/appeal → appropriate judicial remedy.

•Pay and financial benefits: entitlement → departmental claim/representation → speaking order → tribunal/High Court remedy, as applicable.

•Pension and retiral benefits: PPO/settlement → calculation/payment dispute → departmental grievance → appropriate judicial forum.

•APAR/ACR: representation against adverse/critical entries and consequential promotion/service prejudice, subject to applicable rules and limitation.

•Transfer/posting: challenge is fact- and rule-specific; courts ordinarily exercise restraint unless recognised grounds for judicial review are shown.

•Candidature/appointment: recruitment notification and applicable rules are central; relief cannot ordinarily contradict the notified eligibility conditions.

•Medical-board disputes: first use the review/appeal mechanism prescribed by the recruitment/service rules wherever applicable.

DOCUMENTS TO PRESERVE

•Appointment letter, service identity/employee details and relevant service-book extracts where available.

•Impugned order, charge-sheet, SCN, inquiry report, penalty order, appellate/revisional order and all connected communications.

•Recruitment advertisement, application, admit card, result, rejection/cancellation communication and relevant correspondence.

•Medical examination/report, review medical board report and the rules/instructions governing medical fitness.

•Pay slips, pay-fixation orders, MACP/ACP/NFU/NFSG orders, promotion/seniority lists and APAR/ACR-related communications.

•PPO, pension papers, family-pension documents, service verification and correspondence regarding pension/retiral dues.

•Departmental representations, appeals, replies and acknowledgements showing dates of submission and receipt.

•Tribunal/Court orders, pleadings and certified/official copies where proceedings have already taken place.

•A simple chronology of events with exact dates. Preserve originals and maintain a clean PDF scan set. 

AWARENESS, URGENCY & PROFESSIONAL ADVICE

• Understand what the administrative decision actually says and identify the broad service-law issue.

• Identify the likely statutory forum, relevant documents, dates and urgency.

• Distinguish departmental remedies, tribunal proceedings and High Court judicial review.

• Service matters are time-sensitive: limitation, termination/dismissal, recruitment deadlines, joining dates and interim relief may be critical.

• A representation does not automatically extend limitation in every case.

• Adhikar Setu is an awareness/guidance initiative. Formal drafting, filing, representation and court appearance require an independently engaged advocate.

DISCLAIMER - This is for general public awareness only. It is not a legal opinion, legal notice, pleading, petition, appeal or assurance of success. Jurisdiction, limitation, maintainability, relief and the correct forum depend on individual facts, service status, employer, applicable law/rules, statutory remedies and the impugned action. Do not treat this pamphlet as a substitute for case-specific advice from a qualified advocate. References to organisations, forums and remedies are illustrative and do not guarantee that any particular matter will be entertained.