Court Cases - Petitioner Affidavit - Distinguishing “Grounds” and “Averments”

The Difference: To understand the difference, think of building a case like building a house:

Averments = The Bricks (The “What”): These are the specific, detailed facts, dates, and documentary records that you are swearing to. They tell the court exactly what happened, step-by-step. (e.g., “I submitted the bill on this date,” “The register shows this amount”).

Grounds = The Pillars (The “Why”): These are the legal reasons or broad justifications for why the court should interfere. They explain why the facts stated in the averments make the government’s action wrong (e.g., “Because no notice was given, the action is arbitrary”).

In short: Averments state the facts; Grounds state the legal basis/reasons arising from those facts.

 

(Note: Both must still avoid deep legal arguments or case law citations, which belong in Written Submissions).

Example 1: Salary Not Paid for Three Months

1. Grounds:

“The non-payment of salary for three months is arbitrary, unjustified, and violates the right to livelihood.”

Why this is a Ground: It gives the broad legal reason/justification for filing the case. It tells the court why the action is wrong (it is arbitrary and affects livelihood).

2. Averments:

“I attended office on all working days from April to June 2024 as per the Attendance Register. My pay bill was submitted to the Treasury on 01/05/2024. The Treasury returned the bill on 10/05/2024 citing a missing Service Register, which I submitted on 15/05/2024. Despite this, no salary was credited to my account.”

Why this is an Averment: It is a detailed, step-by-step statement of facts with specific dates and actions. The deponent is swearing to these exact events.

Example 2: Recovery from Pay Bill (Excess Payment)

1. Grounds:

The sudden recovery of Rs. 5,000/- from the pay bill without issuing a show-cause notice is illegal and contrary to the principles of natural justice.

Why this is a Ground: It states the legal basis for challenging the recovery (no show-cause notice = violation of natural justice).

2. Averments:

In May 2024, I was paid my regular salary. In June 2024, my salary slip showed a deduction of Rs. 5,000/- under the head ‘excess payment’. I was never handed any memo, notice, or letter asking for my explanation before this deduction was made. I came to know of it only on 30.06.2024 when the salary slip was issued.

Why this is an Averment: It gives the exact factual timeline of when the deduction happened, what the slip showed, and the fact that no notice was received.

Example 3: Pension Not Released After Retirement

1. Grounds:

“The withholding of pension and gratuity after retirement amounts to a violation of the right to property and is highly arbitrary.”

Why this is a Ground: It provides the legal justification for the petition—that withholding pension violates a right and is arbitrary.

2. Averments:

“I retired from service on 30.06.2024. I submitted my no-dues certificate on 20.05.2024 and my last pay certificate on 25.05.2024. My Service Book and GPF ledger extract were submitted to the Treasury on 10.08.2024. As of today, no pension or gratuity amount has been credited to my bank account.”

Why this is an Averment: It is a pure factual timeline of the retirement date, the submission of specific documents, and the current status of the bank account.

Final Focus:

Feature	Grounds	Averments
What are they?	Legal reasons for filing the case.	Detailed facts and records.
Focus	WHY the action is wrong.	WHAT actually happened.
Nature	Broad justifications.	Specific, step-by-step details.
Example	“The action is arbitrary and violates natural justice.”	“No notice was issued. The date of deduction was 30.06.2024.”

Thumb Rule: Use Averments to tell the exact story (dates, documents, actions). Use Grounds to summarize the legal reason why that story entitles you to relief.

 

T. Mallikarjuna Prasad

Trainer | Facilitator | Consultant

Department of Personnel & Training

Government of India

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