Court Cases - Affidavits & Counter Affidavits – Examples

TVSS Krishna Friday, October 30, 2026 0

1. The Golden Rule:

a) Affidavit = Facts; “What happened” (dates, records, actions, documents).

b) Counter Affidavit = “What the official records show” (denials, register extracts, annexures).

c) Both Affidavit and Counter Affidavit must contain only facts - not legal arguments.

d) Written Submissions = Law. Legal arguments like “Article 21 is violated” or “natural justice was violated” go in Written Submissions, not in the affidavit.

2. Focus on:

Point	Affidavit (Petitioner)	Counter Affidavit (Respondent)
Who writes it?	The aggrieved employee/party	The Treasury/Accounts Department
What does it contain?	Facts + Questions of Law + Grounds/Averments + Prayer	Denial/Admission + Official Version + Annexures + Refutation + Request for Dismissal
What is the ending?	“Prayer” – asking for relief	“Request for Dismissal” – asking to reject the petition
What is NOT allowed?	Legal arguments	Legal arguments
Where do legal arguments go?	Written Submissions	Written Submissions

CASE 1: Salary Not Paid for Three Months (Junior Auditor)

A. Petitioner Affidavit

1. Facts of the Case

“I am a Junior Auditor working in the District Treasury Office, Vijayawada. I worked from 01/04/2024 to 30/06/2024. My salary for April, May, and June 2024 has not been credited to my bank account. I submitted a representation on 01/07/2024 to the District Treasury Officer. No reply has been received. I have not received any communication explaining why my salary has not been paid.”

2. Questions of Law

(a) Whether non-payment of salary for three months without any communication is justified?

(b) Whether the respondent is bound to pay salary for the work actually done?

3. Grounds, Averments, and Prayer

a) Grounds: The salary has not been paid despite the petitioner working all three months. No reason has been communicated.

b) Averments: I attended office on all working days from April to June 2024. My attendance was recorded in the Attendance Register maintained in the office. My pay bill was processed and submitted to the Treasury.

c) Prayer: “It is prayed that the Hon’ble Court may direct the respondent to pay my salary for April, May, and June 2024 along with interest.”

B. Counter Affidavit

1. Denial or Admission of Allegations

“It is admitted that salary for April, May, and June 2024 was not paid. However, it is denied that no action was taken. The petitioner’s salary was stopped because he did not submit his Service Register and Attendance Register for verification.”

2. Official Version Based on Records

“As per the office records, the petitioner was asked on 05/05/2024 and 10/06/2024 to submit his Service Register and Attendance Register. The petitioner submitted these records only on 15/07/2024. The salary was processed on 20/07/2024.”

3. Documentary Evidence (Annexures)

“A true copy of the letter dated 05/05/2024 is annexed as Annexure R1/A. A true copy of the letter dated 10/06/2024 is annexed as Annexure R1/B. A true copy of the Attendance Register extract submitted on 15/07/2024 is annexed as Annexure R1/C.”

4. Refutation of Legal or Factual Claims

“The contention that no communication was received is denied. Two written communications were issued to the petitioner. The contention that salary was stopped without reason is also denied. The salary was stopped only for verification of records.”

5. Request for Dismissal of the Petition

“It is prayed that the Hon’ble Court may dismiss the writ petition with costs.”

C. Fact vs. Legal Argument:

Legal Argument (Wrong)	Fact (Right)
“Article 21 is violated.”	“I worked from April to June 2024. My salary was not credited.”
“The respondent acted arbitrarily.”	“I was asked on 05/05/2024 to submit my Attendance Register. I submitted it on 15/07/2024.”
“The writ petition is not maintainable.”	“The petitioner was issued letters dated 05/05/2024 and 10/06/2024.”

CASE 2: Wrong Deduction of GPF (Record Assistant)

A. Petitioner Affidavit

1. Facts of the Case

“I am a Record Assistant working in the Pay and Accounts Office, Guntur. In my salary for July 2024, Rs. 3,000/- was deducted towards GPF. My previous deduction was Rs. 2,000/- per month. I did not submit any application to increase my GPF subscription. I was not informed before the deduction was made. I came to know about the deduction only when I received my salary slip on 31/07/2024.”

2. Questions of Law

(a) Whether the GPF deduction can be increased without the employee’s written option?

(b) Whether the respondent can deduct amounts without informing the employee?

3. Grounds, Averments, and Prayer

a) Grounds: The GPF deduction was increased without any application from the petitioner. No notice was given.

b) Averments: I did not submit any application to increase my GPF subscription. My GPF subscription register shows Rs. 2,000/- per month. The salary slip for July 2024 shows Rs. 3,000/-.

c) Prayer: “It is prayed that the Hon’ble Court may direct the respondent to refund Rs. 1,000/- with interest and correct the GPF subscription register.”

B. Counter Affidavit

1. Denial or Admission of Allegations

“It is admitted that Rs. 3,000/- was deducted in July 2024. However, it is denied that it was without any application or notice. The petitioner had submitted an application dated 15.03.2024 opting for a revised GPF subscription of Rs. 3,000/- per month with effect from April 2024. A notice dated 01/07/2024 was issued to the petitioner informing him about the revised subscription.”

2. Official Version Based on Records

“As per the GPF Subscription Register maintained in this office, the petitioner’s subscription was revised from Rs. 2,000/- to Rs. 3,000/- with effect from April 2024, based on his application dated 15/03/2024. The deduction of Rs. 3,000/- in July 2024 was made as per the revised subscription.”

3. Documentary Evidence (Annexures)

“A true copy of the application dated 15/03/2024 is annexed as Annexure R2/A. A true copy of the notice dated 01/07/2024 is annexed as Annexure R2/B. A true copy of the GPF Subscription Register extract is annexed as Annexure R2/C.”

4. Refutation of Legal or Factual Claims

“The contention that no application was submitted is denied. The application dated 15/03/2024 was received in this office. The contention that no notice was given is also denied. A notice dated 01/07/2024 was issued.”

5. Request for Dismissal of the Petition

“It is prayed that the Hon’ble Court may dismiss the writ petition as devoid of merits.”

C. Fact vs. Legal Argument:

Legal Argument (Wrong)	Fact (Right)
“GPF Rules are violated.”	“Rs. 3,000/- was deducted. My previous deduction was Rs. 2,000/-.”
“The deduction is illegal and arbitrary.”	“I did not submit any application to increase my GPF subscription.”
“The petition is misconceived.”	“The petitioner submitted an application dated 15/03/2024.”

CASE 3: Pension Not Released After Retirement (Office Subordinate)

A. Petitioner Affidavit

1. Facts of the Case

“I retired from service as an Office Subordinate in the District Treasury Office, Kurnool, on 30/06/2024. I submitted all my retirement papers on 15/05/2024. I submitted the no-dues certificate from the Audit Office on 20/05/2024. I submitted the last pay certificate on 25/05/2024. My pension and gratuity have not been released till date. I have not received any communication from the respondent explaining the delay.”

2. Questions of Law

(a) Whether the respondent is bound to release pension and gratuity within a reasonable time after retirement?

(b) Whether the delay in releasing pension without any communication is justified?

3. Grounds, Averments, and Prayer

a) Grounds: The pension and gratuity have not been released despite submission of all documents. No reason has been communicated.

b) Averments: I submitted all retirement papers on 15.05.2024. I submitted the no-dues certificate on 20.05.2024. I submitted the last pay certificate on 25.05.2024.

c) Prayer: “It is prayed that the Hon’ble Court may direct the respondent to release my pension and gratuity with interest.”

B. Counter Affidavit

1. Denial or Admission of Allegations

“It is admitted that pension and gratuity have not been released. However, it is denied that all papers were submitted on time. The petitioner did not submit the Service Book and the GPF ledger extract.”

2. Official Version Based on Records

“As per the records, the petitioner was asked on 20/05/2024 and 25/06/2024 to submit the Service Book and the GPF ledger extract. The petitioner submitted these documents only on 10/08/2024. The pension papers are now under process and will be released within 15 days.”

3. Documentary Evidence (Annexures)

“A true copy of the letter dated 20/05/2024 is annexed as Annexure R3/A. A true copy of the letter dated 25/06/2024 is annexed as Annexure R3/B. A true copy of the petitioner’s letter dated 10/08/2024 is annexed as Annexure R3/C.”

4. Refutation of Legal or Factual Claims

“The contention that all papers were submitted on time is denied. The Service Book and GPF ledger extract were submitted only on 10/08/2024. The contention that no communication was received is also denied.”

5. Request for Dismissal of the Petition

“It is prayed that the Hon’ble Court may dismiss the writ petition with costs.”

C. Fact vs. Legal Argument:

Legal Argument (Wrong)	Fact (Right)
“Article 300A is violated.”	“I retired on 30/06/2024. Pension has not been released.”
“The delay is illegal and arbitrary.”	“I submitted the no-dues certificate on 20/05/2024.”
“The writ petition is premature.”	“The petitioner was asked on 20/05/2024 to submit the Service Book.”

CASE 4: Recovery from Pay Bill - Alleged Excess Payment (Junior Auditor)

A. Petitioner Affidavit

1. Facts of the Case

“I am a Junior Auditor. In my pay bill for June 2024, Rs. 5,000/- was recovered towards alleged excess payment made in May 2024. No show-cause notice was issued to me before the recovery. No explanation was sought from me. I came to know about the recovery only when I received my salary slip on 30/06/2024.”

2. Questions of Law

(a) Whether the recovery can be made without issuing a show-cause notice?

(b) Whether the respondent can recover amounts without following the procedure prescribed in the Treasury Code?

3. Grounds, Averments, and Prayer

a) Grounds: The recovery was made without any notice or explanation. No opportunity was given to the petitioner.

b) Averments: No notice was issued before the recovery. The pay bill for June 2024 shows a recovery of Rs. 5,000/-.

c) Prayer: “It is prayed that the Hon’ble Court may declare the recovery as illegal and direct refund of Rs. 5,000/- with interest.”

B. Counter Affidavit

1. Denial or Admission of Allegations

“It is denied that no show-cause notice was issued. A show-cause notice dated 05/06/2024 was issued to the petitioner. The petitioner replied on 15/06/2024. The recovery was made after considering the reply.”

2. Official Version Based on Records

“As per the Pay Bill Register for May 2024, the petitioner was paid Rs. 5,000/- in excess due to a wrong pay fixation. The excess payment was noticed during audit. A show-cause notice dated 05/06/2024 was issued. After considering the petitioner’s reply dated 15/06/2024, the recovery was made in the June 2024 pay bill.”

3. Documentary Evidence (Annexures)

“A true copy of the show-cause notice dated 05/06/2024 is annexed as Annexure R4/A. A true copy of the petitioner’s reply dated 15/06/2024 is annexed as Annexure R4/B. A true copy of the Pay Bill Register extract for May 2024 is annexed as Annexure R4/C.”

4. Refutation of Legal or Factual Claims

“The contention that no notice was issued is denied. The show-cause notice dated 05/06/2024 was issued and received by the petitioner. The contention that no opportunity was given is also denied.”

5. Request for Dismissal of the Petition

“It is prayed that the Hon’ble Court may dismiss the writ petition as devoid of merits.”

C. Fact vs. Legal Argument:

Legal Argument (Wrong)	Fact (Right)
“Article 14 is violated.”	“Rs.5,000/- was recovered from my June 2024 pay bill.”
“The recovery is illegal and arbitrary.”	“No notice was issued to me before the recovery.”
“The petition is not maintainable.”	“The petitioner was issued a show-cause notice dated 05/06/2024.”

CASE 5: Seniority Not Updated in Service Register (Record Assistant)

A. Petitioner Affidavit

1. Facts of the Case

“I am a Record Assistant working in the District Treasury Office, Visakhapatnam. I was promoted as Record Assistant on 01.01.2022. My seniority was fixed at Sl. No. 45 in the seniority list dated 01.04.2023. However, in the revised seniority list dated 01.04.2024, my name was shifted to Sl. No. 60 without any notice or explanation. My Service Register shows my original seniority as Sl. No. 45.”

2. Questions of Law

(a) Whether the seniority can be revised without issuing a notice to the affected employee?

(b) Whether the respondent can change seniority without following the procedure prescribed in the Service Rules?

3. Grounds, Averments, and Prayer

a) Grounds: The seniority was revised without any notice. No explanation was given. The Service Register still shows the original seniority.

b) Averments: I was promoted on 01.01.2022. My seniority was Sl. No. 45 in the 2023 list. The 2024 list shows Sl. No. 60. No notice was issued before the revision.

c) Prayer: “It is prayed that the Hon’ble Court may direct the respondent to restore my original seniority at Sl. No. 45.”

B. Counter Affidavit

1. Denial or Admission of Allegations

“It is admitted that the petitioner’s seniority was changed from Sl. No. 45 to Sl. No. 60 in the revised seniority list dated 01.04.2024. However, it is denied that it was done without notice. A notice dated 15.02.2024 was issued to the petitioner informing him about the proposed revision. The petitioner submitted his objections on 01.03.2024. After considering the objections, the revised seniority list was published.”

2. Official Version Based on Records

“As per the Service Register and the seniority list, the petitioner’s original seniority was Sl. No. 45. However, during verification of Service Registers, it was found that two senior persons who were on deputation were not included in the 2023 list. After including them, the petitioner’s seniority was revised to Sl. No. 60. The revision was made as per the Andhra Pradesh Ministerial Service Rules.”

3. Documentary Evidence (Annexures)

“A true copy of the notice dated 15.02.2024 is annexed as Annexure R5/A. A true copy of the petitioner’s objections dated 01.03.2024 is annexed as Annexure R5/B. A true copy of the revised seniority list dated 01.04.2024 is annexed as Annexure R5/C. A true copy of the Service Register extract is annexed as Annexure R5/D.”

4. Refutation of Legal or Factual Claims

“The contention that no notice was issued is denied. The notice dated 15.02.2024 was issued and the petitioner submitted objections. The contention that the revision was without explanation is also denied. The reason for revision was recorded in the file.”

5. Request for Dismissal of the Petition

“It is prayed that the Hon’ble Court may dismiss the writ petition with costs.”

C. Fact vs. Legal Argument:

Legal Argument (Wrong)	Fact (Right)
“The revision violates the Service Rules.”	“My seniority was changed from Sl. No. 45 to Sl. No. 60.”
“The action is arbitrary and illegal.”	“No notice was issued to me before the revision.”
“The petition is misconceived.”	“The petitioner was issued a notice dated 15.02.2024.”

CASE 6: Audit Objection on TA Bill (Junior Auditor)

A. Petitioner Affidavit

1. Facts of the Case

“I am a Junior Auditor. I submitted a TA bill for Rs. 4,500/- for official travel to Hyderabad on 10.05.2024. The bill was passed for Rs. 3,000/- only. The remaining Rs. 1,500/- was disallowed without any written reason. I was not informed about the disallowance before the bill was passed.”

2. Questions of Law

(a) Whether the TA bill can be disallowed without giving a written reason?

(b) Whether the respondent can disallow TA claims without following the TA Rules?

3. Grounds, Averments, and Prayer

a) Grounds: The TA bill was disallowed without any written reason. No notice was given.

b) Averments: I travelled to Hyderabad on 10.05.2024 for official work. The TA bill was for Rs. 4,500/-. Only Rs. 3,000/- was passed. No reason was given in writing.

c) Prayer: “It is prayed that the Hon’ble Court may direct the respondent to pay the disallowed amount of Rs. 1,500/- with interest.”

B. Counter Affidavit

1. Denial or Admission of Allegations

“It is admitted that the TA bill was passed for Rs. 3,000/- only. However, it is denied that no reason was given. The disallowance was made as per the TA Rules, as the petitioner claimed higher class train fare without producing the original ticket.”

2. Official Version Based on Records

“As per the TA bill and the records, the petitioner claimed Rs. 4,500/- for travel to Hyderabad. The petitioner did not produce the original train ticket. As per Rule 45 of the Andhra Pradesh Treasury Code, the TA claim is admissible only on production of original tickets. Hence, Rs. 1,500/- was disallowed.”

3. Documentary Evidence (Annexures)

“A true copy of the TA bill dated 10.05.2024 is annexed as Annexure R6/A. A true copy of the TA Rules extract is annexed as Annexure R6/B. A true copy of the audit objection dated 20.05.2024 is annexed as Annexure R6/C.”

4. Refutation of Legal or Factual Claims

“The contention that no reason was given is denied. The reason for disallowance was recorded in the audit objection dated 20.05.2024. The contention that TA Rules were violated is also denied.”

5. Request for Dismissal of the Petition

“It is prayed that the Hon’ble Court may dismiss the writ petition as devoid of merits.”

C. Fact vs. Legal Argument:

Legal Argument (Wrong)	Fact (Right)
“TA Rules are violated.”	“The TA bill was for Rs. 4,500/-. Only Rs. 3,000/- was passed.”
“The disallowance is illegal.”	“No written reason was given to me.”
“The petition is not maintainable.”	“The petitioner did not produce the original train ticket.”

Final Focus:

Case	Petitioner Affidavit	Counter Affidavit
Case 1	Salary not paid for 3 months (Junior Auditor)	Admission of non-payment; denial of no action; official version based on letters; annexures R1/A to R1/C; request for dismissal with costs
Case 2	Wrong GPF deduction - extra Rs. 1,000/- (Record Assistant)	Admission of deduction; denial of no notice; official version based on GPF Register; annexures R2/A to R2/C; request for dismissal as devoid of merits
Case 3	Pension not released after retirement (Office Subordinate)	Admission of non-release; denial of timely submission; official version based on letters; annexures R3/A to R3/C; request for dismissal with costs
Case 4	Recovery from pay bill - excess payment Rs. 5,000/- (Junior Auditor)	Denial of no notice; official version based on Pay Bill Register; annexures R4/A to R4/C; request for dismissal as devoid of merits
Case 5	Seniority not updated in Service Register (Record Assistant)	Admission of revision; denial of no notice; official version based on Service Register; annexures R5/A to R5/D; request for dismissal with costs
Case 6	TA bill disallowed - Rs. 1,500/- (Junior Auditor)	Admission of disallowance; denial of no reason; official version based on TA Rules; annexures R6/A to R6/C; request for dismissal as devoid of merits

Final Rules:

1. If you can see it, touch it, count it, date it, or record it - it is a FACT. Put it in the affidavit.

2. If you have to interpret it, argue about it, compare it with a rule, or conclude from it - it is a LEGAL ARGUMENT. Put it in the written submissions.

Remember:

Affidavit = “What happened” (Facts) - dates, registers, bills, letters, records.
Written Submissions = “Why it matters” (Law) - Articles, Rules, judgments.
Never mix the two.

When drafting an affidavit or counter affidavit, ask yourself:

Am I stating what happened? → Fact → Include it in the affidavit.
Am I saying what the rule says? → Legal argument → Move it to written submissions.
Am I drawing a conclusion like “illegal” or “arbitrary”? → Legal argument → Move it to written submissions.
Am I quoting a judgment or Article? → Legal argument → Move it to written submissions.
Am I describing a register, date, bill, or letter? → Fact → Include it in the affidavit.