Armed Forces Tribunal

Limitation and condonation of delay in AFT matters

Reviewed by Adv. Jyotishwar Bhosale · Updated 10 November 2026

The six-month rule

Section 22(1)(a) says the Tribunal shall not admit an application unless it is made within six months from the date on which the final order mentioned in section 21(2)(a) has been made.1

Section 21(2) says a person is deemed to have exhausted remedies if a final order has been made rejecting the petition or representation (clause (a)), or if six months have passed from the date the petition was preferred or the representation was made without a final order (clause (b)).2

Condonation of delay

Under section 22(2), the Tribunal may admit an application made after the period if it is satisfied that the applicant had sufficient cause for not making the application within that period.1

Rule 8(9) of the Procedure Rules says an applicant who seeks condonation of delay shall file a separate application supported by an affidavit.3

The sources read for this page do not discuss how the Limitation Act, 1963 interacts with section 22(2), so this page says nothing on that point.

Other time limits in the Rules

A review application cannot be entertained unless it is filed within 30 days from the date of receipt of a copy of the order sought to be reviewed.4

Where an application is dismissed for default, restoration can be sought by an application within 30 days of the dismissal, showing sufficient cause for non-appearance.5

A respondent against whom an ex parte order was made may apply within 30 days from the date of the order to have it set aside.6

The legal heir or representative of a deceased party may apply within 90 days of the death to be brought on record.7

Time limits for appeals to the Supreme Court

An appeal to the Supreme Court against a final decision or order of the Tribunal (other than an order under section 19) lies under section 30(1), read with section 31, with leave of the Tribunal or where the Supreme Court considers the point ought to be considered by it, and must be preferred within 90 days of the decision or order. An appeal against an order punishing for contempt lies as of right and must be filed within 60 days from the date of the order appealed against.89

An application to the Tribunal for leave to appeal is to be made within 30 days beginning with the date of the Tribunal's decision. Under section 32, the Supreme Court may, on an application made at any time by the appellant, extend the time for an appeal under section 30 or section 31(2).910

Delay in service and pension claims: Tarsem Singh

In Union of India v. Tarsem Singh (2008), the Supreme Court said that normally a belated service-related claim will be rejected on grounds of delay and laches where a writ petition is filed, or limitation where an application is made to an Administrative Tribunal. One exception is a claim based on a continuing wrong, where relief can be granted despite long delay, unless reopening the issue would affect the settled rights of third parties. The Court gave payment or re-fixation of pay or pension as an example where relief may be granted in spite of delay, because third-party rights are not affected.11

On arrears, the Court said High Courts would normally restrict consequential relief to three years before the date of filing the writ petition. On the facts of that case, arrears were restricted to three years before the writ petition or from the date of demand, whichever was less.1112

Tarsem Singh was a writ case, and the passage on applications to an Administrative Tribunal does not mention the Armed Forces Tribunal. The sources read for this page do not show that the three-year arrears limit governs applications under section 22.11

Time limits inside the departmental scheme (2023 Rules)

Under the 2023 Entitlement Rules, a first appeal is to be made within six months from the date of issue of the Government Sanction Letter rejecting the initial claim. An appeal time-barred beyond five years cannot be considered by the Appellate Committees, and initial claims delayed beyond five years are dealt with under the same Time Bar Sanction rule.1314

These departmental limits and the three-year arrears principle in Tarsem Singh come from different sources and are not one rule. Which of them matters for a given claim depends on the facts and dates, and should be checked with an advocate.

If you would like the firm to look at your papers, you can share the details using the form on this page.

Frequently asked questions

What is the time limit to file an application before the Armed Forces Tribunal?

Section 22(1)(a) says the Tribunal shall not admit an application unless it is made within six months from the date of the final order mentioned in section 21(2)(a). Section 21(2)(b) says remedies are deemed exhausted if six months pass from a petition or representation without a final order.12

Can the Tribunal hear an application filed after the time limit?

Section 22(2) allows the Tribunal to admit a late application if it is satisfied that the applicant had sufficient cause for not applying within the period.1

How do I ask for condonation of delay?

Under Rule 8(9) of the Procedure Rules, by filing a separate application supported by an affidavit.3

Is a belated pension claim always rejected for delay?

Not according to Tarsem Singh (2008). The Supreme Court said a claim based on a continuing wrong may succeed despite delay unless it would unsettle third parties' rights, and gave payment or re-fixation of pay or pension as an example where relief may be granted in spite of delay. Arrears were normally limited to three years before the writ petition. That was a writ case, so how it applies to a given application is a point to check with an advocate.1112

How long do I have to appeal to the Supreme Court against an AFT order?

An appeal against a final decision or order lies with leave under sections 30 and 31 and must be preferred within 90 days of the decision or order. An application to the Tribunal for leave is to be made within 30 days beginning with the date of its decision. The Supreme Court may extend the time on an application made by the appellant (section 32).8910

What is the time limit for a review application before the Tribunal?

Rule 18(1) of the Procedure Rules says no review application will be entertained unless it is filed within 30 days from the date of receipt of a copy of the order sought to be reviewed.4

Related

Sources

  1. AFT Act 2007, section 22(1)(a) and 22(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 22(1)(a) and 22(2); section 22(1)(a) and 22(2) (text as reproduced on Indian Kanoon). Read the source
  2. AFT Act 2007, section 21(2)(a) and 21(2)(b) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 21(2)(a) and 21(2)(b); section 21(2)(a) and 21(2)(b) (text as reproduced on Indian Kanoon). Read the source
  3. AFT (Procedure) Rules 2008, Rule 8(1), 8(7) and 8(9) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 8(1), 8(7) and 8(9); Rule 8(1), 8(7) and 8(9) (text as reproduced on Indian Kanoon). Read the source
  4. AFT (Procedure) Rules 2008, Rule 18(1) and 18(4) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 18(1) and 18(4); Rule 18(1) and 18(4) (text as reproduced on Indian Kanoon). Read the source
  5. AFT (Procedure) Rules 2008, Rule 16(2) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 16(2); Rule 16(2) (text as reproduced on Indian Kanoon). Read the source
  6. AFT (Procedure) Rules 2008, Rule 17(2) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 17(2); Rule 17(2) (text as reproduced on Indian Kanoon). Read the source
  7. AFT (Procedure) Rules 2008, Rule 19(1) and 19(2) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 19(1) and 19(2); Rule 19(1) and 19(2) (text as reproduced on Indian Kanoon). Read the source
  8. AFT Act 2007, section 30(1), including both provisos, and 30(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 30(1), including both provisos, and 30(2); section 30(1), including both provisos, and 30(2) (text as reproduced on Indian Kanoon). Read the source
  9. AFT Act 2007, section 31(1) and 31(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 31(1) and 31(2); section 31(1) and 31(2) (text as reproduced on Indian Kanoon). Read the source
  10. AFT Act 2007, section 32 — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 32; section 32 (text as reproduced on Indian Kanoon). Read the source
  11. Union of India v. Tarsem Singh (Supreme Court, 2008), para 5 — Union of India v. Tarsem Singh, SLP (C) Nos. 3820-3821 of 2008, Supreme Court of India, decided 13 August 2008; Para 5. Read the source
  12. Union of India v. Tarsem Singh (Supreme Court, 2008), para 6 — Union of India v. Tarsem Singh, SLP (C) Nos. 3820-3821 of 2008, Supreme Court of India, decided 13 August 2008; Para 6. Read the source
  13. Entitlement Rules 2023, Rule 17(a) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 17(a); Rule 17(a), PDF page 13. Read the source
  14. Entitlement Rules 2023, Rule 21(a) and 21(d) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 21(a) and 21(d); Rule 21(a) and 21(d), PDF pages 18 to 19. Read the source

Share details of your matter (optional)

This page is general information about the law. It is not legal advice and does not create an advocate–client relationship. Laws and rules change; check the current text or consult an advocate about your facts.