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Council for the respondent

I am a retired scientist from National Institute of Hydrology, Roorkee, governed by the Chairman, Governing Body of the NIH society, constituted by the Ministry of Jalshakti, under Society act 1860. I am contesting a pension eligibility petition filed by me to have pension benefits for more than 29 years spanned in two parent departments; initially Government of Gujarat and finally the above-said autonomous institute. Pension was approved by the ministry, but never got implemented in the institute and finally declined by the SC for want of option for GPF, which did not existed in the institute. Now the question is who is the appropriate respondent for the petition to represent and sign the affidavit on behalf of the society; Head of the autonomous society or the chairman of the governing body (GB) or the member secretary of the GB quoting minutes of the meeting, in which GB discussed the matter. Is there any contempt of court proceeding, when executed otherwise. Please reply.


 10 Replies

T. Kalaiselvan, Advocate (Advocate)     28 June 2025

The order copy is to be perused to rendering proper opinion to your query which lacks clarity, you may better ask your own advocate and get clarified 

Dr. J C Vashista (Advocate )     28 June 2025

What is the opinion and advise of the lawyer engaged by you for proceeding up to Supreme Court who is well aware about facts and circumstances of the case besides the fact s/he is an able, competent, intelligent enough and duty bound to satisfy your questions/ queries.

However, if you have lost faith in your lawyer it is better to consult and engage some other local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding


R.K Nanda (Advocate)     28 June 2025

Take advice of your lawyer. 

P. Venu (Advocate)     28 June 2025

Yes, facts posted lack clarity. 

At present, is there any litigation pending? Where?

If you are the petitioner, it is not your responsibility as to who should sign the reply affidavit.

Dr Pradeep Kumar Majumdar   28 June 2025

Thanks for replying. I am 70, have enough time to handle this running matter in CAT, as Petitioner in Person, with consultations and guidance of quite a few practicener friends of the field, including my brother in law, who is not practicing service matters, in perticular. Scientific and legal profession are quite similar in preparing the manuscriptt, but languistic, as point to point clarity is needed in courts, I am enjoying it. This web allows laymen, so I am here. My advisors say, the crux of the case is; who the affidevit signee is? Because even if the decree is awarded in my favour, execution may be delayed or may need filing execution petition in future, if the affidevits submitted by the council of the respondent are not signed by the authorised signatory of the society, i.e. Secretary, Ministry of Jalshakti. At present, it is being signed on behalf of the head of the Autonomous institute, who has been already denied CCS pension implementation by the apex court, on the ground of CPF scheme, running in the institute. I had pensionable service with GPF scheme for 13 years in the state government as prefix to my petitioned 16 years and 4 months service period for pension. I am arguing for the pension benefits for 29 years and 4 months. When appealed in the HC, they granted me the liberty of claiming pension for 13 years, otherwise claim pension for the entire period from the place of retiring. Hope the matter is more clear now. 

T. Kalaiselvan, Advocate (Advocate)     29 June 2025

Though you have posted a lengthy subsequent post, it is more confusing than the original post, therefore  since you are prudent enough, you may handle the case yourself as you have mentioned that you are capable of handling it as party in person.

Dr. J C Vashista (Advocate )     29 June 2025

Subsequent facts are not very clear to form proper opinion and oblige.

It is better (to protect your own interest) to seek help, advise and guidance of some local prudent lawyer practicing service matters.

Dr Pradeep Kumar Majumdar   29 June 2025

Uploaded brief as filed in CAT. Thanks


Attached File : 1101690 20250629114244 synopsis.pdf downloaded: 16 times

P. Venu (Advocate)     29 June 2025

Originally posted by : Dr Pradeep Kumar Majumdar
Uploaded brief as filed in CAT. Thanks

Which Bench of the CAT? 

Any how, no OA could be filed in the given format. It appears that the querist is following misinformed or misconceived course of action. The course being followed cannot confer any benefit to him, even if he is pursing a right cause. 

Dr Pradeep Kumar Majumdar   29 June 2025

This is not the petition copy, Briefing provided to the 5th fresh judge on the case on his demand. The matter is admitted in CAT, Ahmedabad as OA/199/2023. Please refer.


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