In short. When notice is issued in an OA, the tribunal has decided that your case deserves an answer from the department and has asked the respondents to reply by a fixed date. It is not a win, and it is not a loss; it is the start of the contested stage. This guide is for employees, pensioners and candidates who have just seen "issue notice" in their order sheet. The department usually gets about a month to reply, often more. This week, make sure notice is actually served and diarise the returnable date.
Is this your situation?
- Your OA was listed for the first time and the order sheet says notice is issued, returnable in four weeks.
- You are not sure whether your case has been admitted or only heard for admission.
- Your advocate has asked you to pay a process fee or send copies to the respondents.
- The department's counsel accepted notice in court and you want to know if anything else must be served.
- An interim order was passed along with notice and you want to know how long it lasts.
- The next date is months away and you want to know what happens in between.
- You are a private respondent and have received a notice from the tribunal.
In short
- Issue of notice means the tribunal wants the department's answer. It is a step forward, but the merits are still open.
- Notice must actually reach every respondent. Pay any process fee within a week and file proof of service before the next date.
- The returnable date is the date by which the respondents should appear and answer. It is usually four to eight weeks away.
- An interim order passed with notice must be sent to the department at once. It protects you only if the officers know of it.
- Expect a reply within about a month of service, but plan for delays. Use the gap to prepare your rejoinder and gather documents.
Notice issued in OA: what the order sheet line means
When notice is issued in an OA, the tribunal is telling the respondents: here is an application against you, appear and answer it by a certain date. The order sheet line usually reads something like "Issue notice to the respondents, returnable in four weeks" or "Notice. List on 12 January 2027". Sometimes it adds "Counsel for the respondents accepts notice" or grants time for a reply.
Notice is issued only after the Bench has looked at your OA and found that it raises a question worth answering. At the first hearing the Bench can dismiss the OA if it plainly lacks substance, if it is barred, or if the tribunal has no jurisdiction. It can also dispose of it at once with a direction, for example to decide your pending representation. Issue of notice means neither of these happened.
It does not mean the Bench has accepted your case. The respondents have not yet said anything. Many cases in which notice is issued are eventually dismissed once the department's reply puts the facts in a different light, and many are allowed. Treat it as the start of the real contest.
First hearing orders, decoded
| What the order sheet says | What it means | What you do next |
|---|---|---|
| Issue notice, returnable in four weeks | Respondents must be served and should reply by about that date | Pay process fee if asked; serve; file proof of service |
| Counsel for respondents accepts notice; reply in four weeks | Government counsel was present and took notice in court; formal service may not be needed on those respondents | Hand a full set to that counsel and note the reply date |
| Admit. Issue notice | OA admitted for hearing on merits under Section 19(3); notice to respondents | Same as above; departmental remedies on the same grievance now abate under Section 19(4) |
| Notice on admission and on interim relief | Bench will decide admission and stay after hearing the department | Prepare to argue both on the next date |
| Issue notice; meanwhile, no coercive steps | Notice plus a limited interim protection till the next date | Send a copy of the order to the officers concerned at once |
| Disposed of with a direction to decide the representation | No notice; the OA is closed at the first hearing | Serve the order on the department and diarise the time allowed |
| Dismissed in limine | OA rejected at the first hearing with reasons | Read the reasons; consider review or a writ with advice |
Admission and notice are not the same thing
Section 19(3) of the Administrative Tribunals Act, 1985 says that the tribunal, once satisfied after such inquiry as it considers necessary that the application is fit for adjudication, shall admit it; if not satisfied, it may summarily reject it after recording reasons. In practice, many benches issue notice first and decide formal admission later, after hearing the department. Others admit and issue notice in the same order.
The difference has one real consequence. Section 19(4) says that once the tribunal admits an OA, an appeal or representation on the same grievance still pending under the service rules comes to an end; the Act calls this abatement. If your order sheet says only "notice", your representation may still be alive; if it says "admit", the department is entitled to treat it as closed. Ask your advocate which one applies to you.
Notice on admission is also common where the department may have a preliminary objection, such as limitation or jurisdiction. The Bench wants to hear that objection before deciding whether the case should go forward at all. If the department raises it in a short reply, the next hearing may be on that point alone.
Either way, the next stage is the same: the respondents must receive the notice and the OA, and file their reply.
Notice to respondents: who serves it and how
The Bench chooses how notice travels. Rule 11 of the CAT (Procedure) Rules, 1987 gives it four options: you deliver it yourself, a process server delivers it, the registry sends it by registered post with acknowledgement due, or it goes through the respondent's own head of office. Where the order is silent on the mode, registered post is the default. Hand delivery by the applicant's side is what lawyers call dasti service.
Where a process fee is payable, Rule 11(7) requires it to be paid within one week of the order fixing it, unless the Registrar allows more time. This is the step most often missed. An unpaid process fee means no notice goes out, and on the returnable date the case is simply adjourned for service, losing weeks.
If you serve by hand, Rule 11(2) requires you to file the acknowledgement with an affidavit of service. For registered post, keep the postal receipts and the tracking record, and file them before the next date. Advocate B.K. Singh's first practical tip here: file the affidavit of service with the tracking printouts at least a week before the next date, not on the morning of the hearing, so that the registry has time to put it on record and the Bench sees service complete when the file is opened.
Very often the Central Government counsel or the department's standing counsel is present at the first hearing and accepts notice on behalf of the official respondents. That saves time, but private respondents, such as juniors in a seniority case, still need to be served separately. Our guide on why affected juniors must be made parties explains why their service matters.
Your next four weeks after notice is issued
Most of the delay in tribunal cases at this stage comes from steps that could have been done in the first week.
Get a copy of the order
Download the order from the tribunal's website or get it from your advocate. Read the exact words: returnable date, any interim direction, any time given for reply, and any direction to serve a particular person.
Pay process fee and serve
If the order requires service through the registry, pay the process fee within the week. If dasti service is allowed, collect the notice and serve it at each respondent's office against a signed receipt.
Send any interim order to the department
If the Bench gave interim protection, send a copy by email and registered post to the officer who passed the impugned order and to the pay or pension authority. Keep proof of delivery.
File proof of service
File the affidavit of service with acknowledgements or tracking reports. Check that every respondent is covered.
Prepare for the reply
Collect any documents you know the department will rely on. Start a note of facts the department is likely to dispute, so your rejoinder can be prepared quickly once the reply comes.
Check the cause list before the next date
Cases are sometimes listed earlier or later than expected. Check the cause list on the tribunal's website a few days before, and on the morning itself.
The returnable date and the next date
The returnable date is the date on which the notice is returnable: the respondents are expected to appear by then and, usually, to file their reply. Rule 12 of the CAT (Procedure) Rules gives the respondents one month from service of notice to file a reply, and Rule 12(5) lets the tribunal allow a reply after that time. In practice, the next date tribunal benches fix is usually the returnable date itself, and that is when the Bench checks service and the reply.
On that date, several things can happen. If service is complete and the reply has been filed, the Bench may give you time to file a rejoinder and list the case for final hearing. If service is incomplete, the case is adjourned for fresh service. If the department asks for more time to reply, the first request is usually granted; repeated requests are often met with a last opportunity or costs, as our guide on a department not filing its reply explains.
Do not expect the case to be argued on merits on the returnable date. At most benches, the date after notice is a procedural date. Arguments come later, once pleadings are complete. Knowing this reduces the disappointment many clients feel when they take leave, travel to the bench and see the case adjourned in two minutes.
If you are not required personally, you need not attend. Your advocate or the advocate's associate will appear. Ask your advocate whether your presence is needed, and do not travel long distances for a purely procedural date.
Interim relief at the notice stage
The admission hearing is often when interim relief is decided. Section 24 sets two conditions before the tribunal grants a stay or a similar order: the department must have been given copies of your application and supporting papers, and it must have had a chance to argue. The Bench can skip both, but only exceptionally, with written reasons, and only to prevent harm that money cannot repair. An order made that way dies on the fourteenth day unless, by then, the department has been given the papers and heard, and the Bench has extended it.
That is why many interim orders at this stage are short and limited: "no coercive steps till the next date", "status quo to be maintained", or "any promotion made will be subject to the outcome of the OA". The fuller hearing on interim relief then takes place once the department has replied. The three tests the Bench applies are covered in our guide on the tests for a stay, and the procedure in our page on interim relief under Section 24.
An interim order binds the department only from the time its officers know of it. Send it the same day. If the department continues the recovery or the transfer after receiving it, keep proof and tell your advocate; the remedy lies before the same Bench.
If interim relief was refused at the notice stage, that does not mean the OA will fail. The Bench may simply have felt the harm could be made good later, for example by arrears. Ask whether a fresh application is worth making after the reply is filed.
A made-up penalty case in the Secunderabad division
Here's a made-up example. Venkatesh, a Station Master in the Secunderabad division of the South Central Railway, was given a penalty of reduction to a lower stage of pay for three years after an inquiry under the Railway Servants (Discipline and Appeal) Rules, 1968. His appeal was rejected. He files an OA before the Hyderabad Bench in August 2026, asking that the penalty be quashed and the recovery of pay difference stopped.
At the first listing, railway counsel is present. The order reads: "Counsel for the respondents accepts notice. Reply within four weeks. Meanwhile, no recovery of the pay difference shall be made. List on 23 September 2026." There are no private respondents, so no separate service is needed. Venkatesh's advocate sends the order the same day to the Divisional Personnel Officer and the accounts office.
On 23 September, railway counsel says the para-wise comments are awaited from the division and asks for four more weeks. It is granted. The reply is filed on the next date, in October. Venkatesh files a rejoinder within three weeks, pointing out that the inquiry report relied on a document he was never given. The case is listed for final hearing.
The interim protection continues through these dates. In this made-up case, the final hearing takes place about seven months after the first listing. Nothing about the issue of notice guaranteed the outcome; the result depended on the inquiry record.
What the department does after receiving notice
Inside the department, the notice usually goes from the legal cell to the office that passed the impugned order, with a request for para-wise comments on the OA. Those comments go to the counsel, who drafts the reply, which is then vetted and signed by an authorised officer. Each hop takes time, which is why first replies are so often late.
Sometimes the notice prompts a rethink. The department may withdraw the impugned order, decide the pending representation, or pass a fresh order on the same subject. A fresh order can change your case completely. Advocate B.K. Singh's second tip: ask the client to send a photograph of any letter from the department the day it arrives during this stage, because a fresh order passed while the OA is pending may need an amendment to the OA, and the earlier that is known, the less time is lost. Our guide on amending your OA after a new order explains the procedure.
Do not contact the officers concerned to discuss the case, and do not respond to informal requests to withdraw the OA in return for promises. Any proposal to settle should come in writing and be placed before your advocate.
In Group A matters, the reply may need approval from the ministry, and in some cases from the DoPT or the UPSC. Expect longer gaps.
Disposed of at the admission stage: when no notice is issued
Many OAs never reach the notice stage. If your representation is pending and the department simply has not decided it, the Bench may dispose of the OA at the first hearing with a direction to the competent authority to decide the representation within a fixed period, often six to twelve weeks, by a reasoned order. No notice is issued and the case is closed.
This is not a loss. It puts the department under an order with a deadline. Serve the order on the authority with a covering letter, keep proof, and wait for the decision. The guide on what to do if the department reconsiders and rejects again covers the next step if the decision goes against you.
If you wanted a decision on merits and the Bench disposed of the case with only a direction, ask your advocate whether the direction was the most the Bench would have given at that stage. Usually it was, because the tribunal expects the department to decide first. Section 20 of the Act asks for departmental remedies to be used before coming to the tribunal.
What to keep ready before the next date
- Copy of the order issuing notice, with any interim direction
- Receipt for the process fee, if one was payable
- Postal receipts, acknowledgement cards or tracking printouts for each respondent
- Signed acknowledgements from respondents' offices for hand service
- Affidavit of service, filed and with the diary number noted
- Proof that any interim order was sent to the officers concerned
- Any letter or order received from the department after the OA was filed
- Your notes on facts the department may dispute
Typical timeline after notice is issued
| Stage | Typical time | Notes |
|---|---|---|
| Process fee and dispatch of notice | Within a week of the order | Rule 11(7); later payment delays everything |
| Service on respondents | One to four weeks | Longer for respondents posted in remote stations |
| Returnable date | Usually four to eight weeks after the first hearing | Mostly a procedural date |
| Department's reply | One month under Rule 12, often extended once or twice | Repeated delay may lead to a last opportunity or costs |
| Your rejoinder | Two to four weeks after the reply | Only where the reply raises new facts |
| Final hearing | A few months to over a year after notice, depending on the bench | Urgent matters can be listed earlier on request |
| Tribunal fee | Paid when the OA was filed | A small fixed amount under Rule 7 (Rs 50; check the current figure); process charges, if any, are separate and modest |
Where the case is heard, and how you attend
Your case stays with the bench where the OA was filed: the bench covering your place of posting or the place where the cause of action arose. Some benches hold circuit sittings at other cities, and cases from those areas may be listed there. Check where your case will be heard on the next date, especially if the bench has recently started or changed its circuit sittings.
Most benches allow hearings by video link in suitable cases. If your advocate is appearing from another city, or you need to be present for a particular reason, ask whether virtual attendance is permitted for your date. The guide on joining a virtual hearing before a CAT bench explains the practical steps.
The Chairman can transfer a case from one bench to another under Section 25 of the Act, usually on the department's request where similar cases are pending elsewhere. If you receive notice of such a transfer petition, take advice promptly, because a transfer can mean travelling to a distant city for every hearing.
Mistakes people make after notice is issued
- Treating notice as a win. Clients sometimes tell colleagues the case is won. The department's reply has not even been filed.
- Not paying the process fee in time. The notice never goes out, and the returnable date is wasted.
- Using old addresses for service. Officers are transferred, offices move. Check the current address of each respondent before dispatch.
- Not sending the interim order to the department. The protection exists on paper, but the deduction from salary continues because the pay office never saw it.
- Missing a listing date. If no one appears for the applicant, the OA can be dismissed for default. The guide on restoring a dismissed OA explains the repair, but prevention is easier.
- Not reading the reply properly. The department's reply often contains documents you have never seen. Read it fully before your rejoinder is drafted.
For retirees, families, candidates and private respondents
Retirees and families often face respondents spread across offices: the department, the pension sanctioning authority, the PAO and sometimes the bank. Each must be served, and the reply may come from more than one of them. Ask your advocate which respondent is likely to lead the defence, so that you know whose reply to wait for.
Candidates in recruitment cases may find that notice is issued to the recruiting body, such as the SSC or a Railway Recruitment Board, and that the next date is fixed close to a selection deadline. If the selection process is moving fast, ask that the case be listed early, and keep a watch on the recruiting body's website for new notices.
Railway and postal employees will often find that the reply is drafted by the division or circle office rather than the ministry, which can make it quicker. Defence civilian staff may see the reply routed through the service headquarters, which usually takes longer. When notice is issued in an OA filed by a Group A officer, the cadre controlling ministry is the respondent that matters most, and its reply may need sign-off at a senior level.
If you have received a notice as a private respondent, you are not obliged to engage an advocate, but you should read the OA and decide whether your interests need defending. The department may not argue your side for you. Filing a reply within the time allowed keeps your voice in the case.
Using the time between notice and reply
The weeks after notice is issued are not idle time. Make sure every respondent is served, send any interim order to the officers concerned, collect documents you will need for the rejoinder and keep watching the cause list. A case that is ready on the procedural side moves faster once the reply arrives.
For the wider picture of tribunal practice, see our page on the Central Administrative Tribunal lawyer and the kinds of service cases taken up there. If your case is still being filed, the guide on filing defects and registry objections will help you get it numbered and listed.
For advice on the order passed at your first hearing, or for updates on how your bench is listing cases, contact Advocate B.K. Singh with the order sheet and your OA.
Frequently asked questions
Does issue of notice mean the tribunal agrees with me?
No. It means the Bench thinks the department should answer. The case is decided only after the reply, rejoinder and final arguments.
How long does the department get to reply after notice?
Rule 12 of the CAT (Procedure) Rules gives one month from service, and the tribunal can allow more time. Extensions are common, especially for the first request.
Do I have to attend on the returnable date?
Usually not, if you have an advocate. The date is mostly procedural. Ask your advocate whether your presence is needed for any particular reason.
What is dasti notice?
It is notice handed to the applicant's side to deliver by hand to the respondents, instead of sending it through the registry. You then file the acknowledgement with an affidavit of service.
The government counsel accepted notice. Do I still need to send copies?
The counsel who accepted notice should be given a full set of the OA and documents if he does not already have one. Private respondents, if any, must still be served separately.
Can the department pass a new order after notice is issued?
It can, and sometimes does. If the new order changes your grievance, the OA may need to be amended, so tell your advocate as soon as you receive it.
What if one respondent cannot be served?
The Bench can order substituted service, or in some cases hear the OA without that respondent under Rule 11(8), provided the government and the authority that passed the order are served. Your advocate will ask for the right direction.
Can I find out the next date online?
Yes. Case status and cause lists are published on the tribunal's website. Check a few days before the date and again on the morning, because listings change.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court and other High Courts, the Central Administrative Tribunal and other tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
Related guides
ProcedureOA Paper Book: Index, Synopsis, List of Dates and Annexures in Order
How to put together an OA paper book for the Central Administrative Tribunal: index, synopsis, list of dates, Form I and annexures from A-1 onwards.
ProcedureWriting a List of Dates for a Service Case: A Worked Example in Words
A list of dates for a service case built from a real-looking file: which events go in, how each entry is worded, and how the dates show limitation.
ProcedureFraming the Relief Clause in an OA: Asking for Exactly What You Need
How to draft the relief clause in an OA before CAT: quashing the right orders, listing consequential benefits, asking for interest and avoiding vague...
ProcedureWho to Make a Respondent: Union of India, Department Heads and Private Parties
Choosing respondents in an OA before CAT: Union of India through the Secretary, the officers who passed the order, and private parties who must be...
ProcedurePromotion or Seniority Case: Why Affected Juniors Must Be Made Parties
Why a promotion or seniority OA must name the juniors it would push down, how many to implead, and how representative capacity and late impleadment...
ProcedureVakalatnama, Verification and Affidavit in a Tribunal Filing
What a vakalatnama for tribunal cases must contain, how the verification clause and affidavits in an OA are signed, attested and filed, and what goes...