Will the AFT Dismiss My Case If I Filed After the One-Year Deadline?
By Adv. Ramniwas Bansal, Advocate · 15+ years experience
Key Takeaway
Not necessarily. The AFT has adopted a liberal approach to condoning delays, recognising that service personnel often face genuine difficulties — remote postings, lack of legal awareness, pursuing the matter through representations, or health issues. Where the delay is satisfactorily explained and no third-party rights are affected, the Tribunal generally condones the delay and hears the case on merits.
The Legal Position on Limitation
Section 22 of the Armed Forces Tribunal Act, 2007 requires an Original Application to be filed within one year from the date of the order being challenged. However, the proviso to this section empowers the Tribunal to condone the delay if it is satisfied that there was "sufficient cause" for not filing within time. The Tribunal has interpreted this power liberally, keeping in mind the special circumstances of military service.
What the Tribunal Considers
The AFT looks at several factors when deciding whether to condone a delay: (1) Was the applicant posted in a remote or operational area where legal advice was not accessible? (2) Was the applicant pursuing the matter through representations and administrative channels? (3) Did the applicant have health issues that prevented timely action? (4) Was the applicant unaware of the legal remedy or the AFT itself? (5) Is there any prejudice to the other side if the delay is condoned? The Tribunal weighs these factors and, more often than not, grants condonation where the explanation is genuine.
Cases Where Delay Was Condoned
The Tribunal has condoned delays of several years in cases where: a soldier was posted in a forward area and had no access to legal advice, a widow did not know about the AFT for years after her husband's death, a veteran was pursuing representations believing the authorities would act, or a pensioner discovered an error in pension computation long after retirement. The key is not the length of the delay but whether the explanation is honest and reasonable.
How to Strengthen Your Delay Condonation Application
A well-prepared delay condonation application should clearly explain the timeline — when the order was passed, when the applicant became aware of their rights, what steps they took in between, and why legal action was not taken earlier. Supporting documents (posting orders, medical records, copies of representations) strengthen the application significantly. Vague or unsupported explanations are less likely to succeed.
Adv. Ramniwas Bansal is a advocate with 15+ years experience practising before the Armed Forces Tribunal, Principal Bench, New Delhi and Delhi High Court. For a consultation on your case, call +91 9810430799 or request a consultation.