Adv. Sudip Patra (Supreme Court & High Courts)
Advocate Sudip Patra (+91) 890 222 4444/ 9044 09 9044
Experienced Advocate with more than 10 years of experience.
Expert Legal Representation in Government Service Matters
At Patra’s Law Chambers, we understand that for a government employee, their service is not just a job—it is a matter of dignity, security, and lifelong commitment. Our firm, led by Advocate Sudip Patra, provides specialized legal support for Central and State government employees across India, focusing on the Central Administrative Tribunal (CAT), State Administrative Tribunal (SAT), and the High Courts.
From recruitment disputes to pensionary benefits, we ensure that your constitutional rights under Articles 14, 16, and 311 are upheld.
Our Service Law Verticals
1. Central Administrative Tribunal (CAT) Services
We represent employees of the Central Government, Railways, Postal Departments, and 215+ notified organizations.
Jurisdiction: All benches including Kolkata and Principal Bench (New Delhi).
Key Matters: Pay scale anomalies, MACP (Modified Assured Career Progression), recruitment irregularities, and challenging illegal terminations.
2. State Administrative Tribunal (SAT) Services
For West Bengal State Government employees, we provide robust representation at the West Bengal Administrative Tribunal (WBAT).
Key Matters: Disputes involving State Cadre services, Health Schemes, and local department transfers.
3. High Court Writ Petitions (Service Matters)
Under the writ jurisdiction of the High Court (Article 226), we challenge the orders of CAT and SAT. We specialize in:
Writ of Certiorari: To quash erroneous tribunal orders.
Writ of Mandamus: To compel the government to act (e.g., releasing held salaries or promotions).
Calcutta High Court Expertise: Extensive experience in navigating service-related litigation in the High Court at Calcutta.
Core Expertise: Areas We Cover
| Service Issue | What We Handle |
| Transfer & Posting | Challenges to arbitrary, punitive, or “mid-term” transfers violating policy guidelines. Learn in more detail about the law regarding the transfer in govt service in the following legal blog. |
| Promotions & Seniority | Contesting supersession (junior promoted over senior), DPC irregularities, and “Sealed Cover” procedures. Learn in more detail about seniority and government service in the following legal blog. |
| Disciplinary Proceedings | Defense against Charge Sheets, challenging biased Inquiry Reports, and appealing major/minor penalties. Learn in more detail about the disciplinary proceedings in government service in the following legal blog. |
| Probation Issues | Legal protection against arbitrary discharge during probation and delayed confirmation of service. Learn in more detail about the law of probation in India in this particular legal blog. |
| Pension & Benefits | Handling delays in Pension, Gratuity, Leave Encashment, and Commuted Pension restoration. |
| Adverse ACR/APAR | Contesting negative performance appraisals that block career progression.You may click into the following link to get in details about all the information and law regarding adverse ACR in government service. |
Specialized Pension & Retirement Services
Pension is not a bounty; it is a hard-earned right. We specialize in:
Interest on Delayed Payment: Seeking 12-18% interest on delayed gratuity and pension as per Supreme Court precedents.
Family Pension Disputes: Ensuring benefits for widows, dependent children, or disabled family members.
Commutation Issues: Challenges regarding the recovery period of commuted portions and restoration after 15 years.
VRS & Gratuity: Calculating correct payouts under the Payment of Gratuity Act and CCS (Pension) Rules.
About the Founder: Advocate Sudip Patra
A distinguished alumnus of the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, Adv. Sudip Patra brings a rare combination of B.Tech (Electrical) and LL.M. (IIM Calcutta) credentials to the legal field. His practice spans the Supreme Court of India and the Calcutta High Court, focusing on complex administrative and civil litigation.
Contact Patra’s Law Chambers
Kolkata: NICCO HOUSE, 6th Floor, 2, Hare Street, Kolkata-700001 (Near High Court).
Delhi: 4455/5, 1st Floor, Gali Shahid Bhagat Singh, Paharganj, New Delhi-110055.
Email: [email protected]
Phone: +91 890 222 4444 | +91 9044 04 9044
Frequently Asked Questions (FAQs) – Service Law & Pensions
General & Procedural Questions
What is the CAT (Central Administrative Tribunal)?
CAT is a specialized tribunal created under the Administrative Tribunals Act, 1985, to adjudicate disputes regarding the service of Central Government employees.
Can I approach the High Court directly for service matters?
Usually, you must first approach CAT or SAT. However, for certain fundamental rights violations or challenging tribunal orders, a Writ Petition is filed in the High Court.
What is the time limit (limitation) for filing a case in CAT?
Generally, an application must be filed within one year from the date the cause of action or final administrative order arises.
Do I need to file a departmental representation first?
Yes, under Section 20 of the Act, you must exhaust all available departmental remedies before approaching the Tribunal.
Can I challenge a transfer order?
Yes, if the transfer is “malafide,” violates statutory rules, is punitive in nature, or is passed by an incompetent authority.
Promotion & Seniority FAQs
What is “Sealed Cover” procedure?
If a disciplinary or criminal case is pending, the DPC’s findings on an employee’s promotion are kept in a sealed cover until the case is resolved.
What if my junior is promoted but I am not?
This is called supersession. You can challenge this if your seniority was ignored or if the DPC process was flawed.
Can seniority be changed retrospectively?
Seniority is generally governed by the date of joining or the merit list. Retrospective changes are rare and can be challenged if they affect vested rights.
What is MACP?
The Modified Assured Career Progression scheme provides financial upgradation to employees who do not get regular promotions for long periods.
Can I challenge an adverse ACR/APAR?
Yes. Every adverse entry must be communicated to the employee, and they have a right to represent against it before it affects their promotion.
Disciplinary & Probation FAQs
Can I be terminated during my probation period?
A probationer can be discharged if found “unsuitable,” but if the termination is “stigmatic” (implies misconduct), a full inquiry must be conducted first.
What are the principles of Natural Justice?
They ensure you are heard (Audi Alteram Partem) and that the inquiry officer is not biased.
Can I challenge a Charge Sheet?
Yes, if it is vague, issued by an unauthorized person, or issued after an inordinate delay.
What is the difference between major and minor penalties?
Major penalties (like dismissal or demotion) require a formal oral inquiry; minor penalties (like censure or withholding increments) require a simpler process.
Can a suspension be extended indefinitely?
No. Suspension must be reviewed periodically (usually every 90 days), or it may be quashed by the court.
Pension & Retirement FAQs
Is pension a fundamental right?
The Supreme Court in D.S. Nakara held that pension is a right to social security, not a gift from the employer.
Can the government withhold my gratuity?
Gratuity can only be withheld or forfeited in specific cases of serious misconduct or loss caused to the government, as per the rules.
When is commuted pension restored?
In most services, the commuted portion is restored after 15 years from the date of commutation.
What is Family Pension?
It is a pension paid to the family of a deceased employee. Disputes often arise regarding eligibility or “nomination.”
Can I claim interest on delayed pension?
Yes. Courts frequently grant 6% to 12% interest for administrative delays in releasing retirement benefits.
What is the “Last Pay Drawn” rule?
Pension is usually calculated based on the average emoluments of the last 10 months or the last pay drawn, whichever is more beneficial.
What if there is an error in my PPO (Pension Payment Order)?
You can file a representation for correction or approach CAT/SAT if the department fails to rectify the error.
Are contractual employees entitled to pension?
Generally no, but long-term “ad-hoc” employees may be eligible if their services were regularized.
Can pension be attached by a court for debts?
Under the Pensions Act, 1871, government pensions are generally exempt from attachment by civil courts for debt.
What is a “Compassionate Appointment”?
It is a job provided to a family member of an employee who died in harness. It is not a right but a scheme-based benefit we can help you secure.
Additional Legal FAQs
What is a Contempt Petition in CAT?
If the department fails to implement a CAT order, you can file a Contempt Petition to compel them.
Can I file a case in the Supreme Court?
If the High Court dismisses your Writ Petition, you can file a Special Leave Petition (SLP) in the Supreme Court.
Does the firm handle GST or Tax issues for employees?
Yes, our firm has a dedicated tax wing for service-related tax disputes.
Where is your Kolkata office located?
We are at Nicco House, 6th Floor, right next to the Calcutta High Court.
How can I schedule a consultation?
You can call us at +91 890 222 4444 or email [email protected].
Internal Linking & Authority
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