Counter Affidavit in Service Matter in SC
Counter Affidavit in Service Matter in SC
INDEX
S.
Particulars Page No.
No.
Counter affidavit on behalf of the
1. 1 – 27
Respondents (Respondent Nos. 1 to 12)
Annexure R1: The true copies of the Office
Orders dated 20.3.2002 and 7.10.2002
2. issued by the Petitioner No. 1 mentioning the 28 – 29
dates of appointment and regularisation of
the Respondents
Annexure R2: The true copy of the RR
3. governing the posts held by the 30 – 44
Respondents
Annexure R3: The true copy of the relevant
4. extract of the recommendations of the Vth 45 – 47
CPC
PRELIMINARY SUBMISSIONS
14. That I say that the Petitioner No. 2 vide its notification
dated 31.5.2013 notified the new Subordinate Statistical
Service Rules, 2013. As per the said notification, the SSS
shall include the following restructured posts being
a) Statistical Investigator Grade I
(Designation – Senior Statistical Officer)
(Pay Band-II Rs 9300-34800 with Grade Pay- Rs
4600) – being equivalent to the earlier Statistical
Investigator Grade I and II
15. That I say that since the pay scales of the posts of
Junior Computors/ Comptometers as held by the
Respondents were never upgraded despite repeated
assurances by the Petitioner ministries, they again lost on
the opportunity of even being considered as a feeder cadre
to the future post of the restructured Statistical Investigator
Grade II (Junior Statistical Officer) for no fault of theirs. The
Schedule II of the SSS Rules, 2013 provided that only the
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officials in Pay Band-1 of Rs 5200-20200 plus Grade Pay of
Rs 2400 with 10 years of regular service in the grade shall
be considered a feeder cadre for filing 10% of the future
vacant posts through promotion. The pay scale and the
Grade Pay of the Respondents being less than the one
stipulated above made them virtually incapable of securing
a promotion ever in their whole service forcing them to
superannuate from their current post only.
PRELIMINARY OBJECTIONS
Salary of Junior
Computer (JC) /
Comptomoter Operator
(CO) at the time of joining 8190 2000 10190
DGE&T
(Pay Scale Rs.3050 as
per the 5th CPC)
PARAWISE REPLY
24. That I say that none of the questions of law, let alone
any substantial question of law, as framed under Para 2 of
the Petition under reply arise in the present case. The
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contents of the Preliminary Submissions and Preliminary
Objections are reiterated herein.
28. That I say that the contents of the Para 6 of the Petition
under reply are admitted to the extent that they relate to
matters of record and the rest is denied. The contents of
Preliminary Submissions and Preliminary Objections are
reiterated herein. It is denied that the Petitioners have a
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prima facies case in their favour. It is denied that the
Petitioners will suffer irreparable loss if the impugned
judgment is not stayed. It is denied that the balance of
convenience lies in favour of the Petitioners. It is denied that
the Respondents are not eligible for benefits under ACP. It
is submitted that the Hon’ble High Court has directed the
Petitioners to grant the Respondents pay scales associated
with the promotional posts of Junior Investigator and Senior
Investigator using the parameters of ACP scheme and not
per se under the ACP scheme. The question of the ACP
scheme not being in practice at present has no relevance. It
is denied that on merits the Petitioners have a good case. It
is denied that the matter is of immense importance having
far reaching consequence affecting public interest.
DEPONENT
VERIFICATION
I, the abovenamed Deponent do hereby solemnly
verify at New Delhi on this 4th day of December 2020 that
the contents of the Para 1 to 32 of this Affidavit are true and
correct to my knowledge, no part of it is false and nothing
material has been concealed.
DEPONENT