Legal formats / Service law

Rejoinder Format for Central Administrative Tribunal (CAT)

A practical guide to preparing a rejoinder to a counter affidavit in an Original Application before the Central Administrative Tribunal, with an adaptable specimen for recruitment and service disputes.

Important: This is an illustrative drafting format, not a prescribed universal CAT form. Follow the directions of the concerned Bench, the applicable procedure rules and any order granting time or permission to file a rejoinder. Do not copy factual assertions that do not apply to your case.

What is a rejoinder before CAT?

A rejoinder is the applicant's written response to the respondent's reply or counter affidavit in a pending Original Application (O.A.). It addresses disputed factual statements, explains documents or legal submissions relied upon in the counter, and clarifies the applicant's existing case. A rejoinder should ordinarily respond to the defence rather than introduce an unrelated new cause of action or materially change the original relief without appropriate permission.

Applicable legal provisions

Article 323A of the Constitution: provides the constitutional framework for administrative tribunals dealing with specified public-service disputes.
Section 14, Administrative Tribunals Act, 1985: defines CAT jurisdiction over specified recruitment and service matters, subject to statutory exclusions and notifications.
Section 19: permits an aggrieved person to present an Original Application concerning a matter within the Tribunal's jurisdiction.
Sections 20 and 21: concern exhaustion of available departmental remedies and limitation for the Original Application, including statutory exceptions and condonation where applicable.
Section 22: provides that CAT is guided by natural justice and can regulate its procedure, subject to the Act and rules; it also addresses powers including receiving evidence on affidavits.
Rule 12, Central Administrative Tribunal (Procedure) Rules, 1987: governs the respondent's reply, specific admission or denial, supporting documents, verification and service. The applicant's rejoinder is to be filed consistently with the Tribunal's directions and applicable procedural requirements.

For the governing text, consult the India Code official legislation portal and the CAT (Procedure) Rules, 1987 (government-hosted PDF). Check amendments, notifications and Bench-specific directions before filing.

Sample rejoinder to counter affidavit: CAT format

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Replace with the competent Bench)

ORIGINAL APPLICATION NO. _____ OF 20__

IN THE MATTER OF:

[Full name of applicant]
... Applicant

VERSUS

[Union of India / Department / Authority and other respondents]
... Respondents

REJOINDER TO THE REPLY / COUNTER AFFIDAVIT FILED ON BEHALF OF RESPONDENT NO(S). _____

MOST RESPECTFULLY SHOWETH:

1. That the applicant has read the reply / counter affidavit filed by the respondent(s). Except to the extent specifically admitted herein, the allegations and submissions inconsistent with the Original Application are denied. The applicant reiterates the averments and reliefs in the Original Application, subject to the following paragraph-wise response.

2. That the contents of paragraph [number] of the counter affidavit, insofar as they correctly reproduce the official record, are matters of record. Any interpretation contrary to the documents annexed to the Original Application is denied for the reasons set out below.

3. That the contents of paragraph [number] are denied to the extent that the respondent alleges [identify the disputed assertion]. In fact, [state the correct, verifiable facts with dates and supporting document references].

4. That in response to paragraphs [numbers], it is submitted that [explain the relevant recruitment notification, service rule, order, correspondence or selection record]. The applicant relies on [existing annexure / properly filed additional document].

5. That the respondent's reliance on [rule, circular or judgment] is misplaced because [briefly distinguish its text, scope or material facts]. The applicant relies on [accurate case citation and relevant paragraphs, if applicable].

6. That the applicant denies the assertion in paragraph [number] that [allegation]. The applicant satisfies [identify the applicable eligibility criterion or service condition] as evidenced by [document and date].

7. That paragraphs [numbers] do not call for a separate factual rejoinder, except that any inference inconsistent with the Original Application is disputed.

REJOINDER TO PARAGRAPH-WISE REPLY

8. Reply to paragraph 1: The statements are denied insofar as they allege [specific allegation]. The applicant states that [specific factual response].

9. Reply to paragraphs 2 and 3: These paragraphs are matters of record / do not require a separate response, subject to the submissions in the Original Application.

10. Reply to paragraph 4 and sub-paragraphs 4.1 to 4.25, as applicable: Each disputed allegation should be answered separately by its exact number, including any claim concerning age eligibility, educational qualifications, equivalence, experience, relaxation, interpretation of a judgment or alleged misrepresentation. The applicant specifically responds to paragraph [4.x] as follows: [insert accurate response supported by records].

11. That no admission is intended by omission of a general or repetitive submission; all material disputed facts should nevertheless be answered specifically and accurately.

PRAYER

In view of the above, the applicant respectfully prays that this Hon'ble Tribunal may be pleased to take the rejoinder on record, consider the submissions herein, and grant the reliefs prayed for in the Original Application, together with such other orders as may be appropriate in the facts and circumstances of the case.

VERIFICATION

I, [name], the applicant / duly authorised deponent, verify that the statements in paragraphs [numbers] are true to my personal knowledge, those in paragraphs [numbers] are based on records believed to be true, and the legal submissions are based on advice and records identified herein. No material fact has knowingly been concealed.

Verified at [place] on [date].

[Signature of applicant / deponent]
Through counsel (if represented):
[Advocate name and details]

Where a sworn affidavit is required, execute and attest it in the manner directed by the Registry or Bench. Adapt the verification to the deponent's actual knowledge and the applicable requirements.

Illustrative submissions in a primary-teacher recruitment dispute

The earlier specimen concerned a candidate for Assistant Teacher (Primary) in Delhi, a selection or rejection list, age eligibility, Diploma in Education (D.Ed.) / Junior Basic Training (JBT) qualifications, teaching experience and reliance on a decision referred to as Sachin Gupta. These are case-specific issues, not general CAT rules. The following examples retain those issues without asserting unverified eligibility or automatic equivalence.

Publication of selection and rejection lists

Illustrative response: In response to paragraphs [3 and 4], it is submitted that the recruiting authority published a list of provisionally selected candidates and a separate list of rejected candidates on [date]. The applicant's candidature was shown at serial number [number] in notice [reference]. The applicant disputes the stated reason for rejection on the grounds and documents identified in the Original Application. Any reference in the result to pending litigation must be examined against the actual orders concerned.

Age-limit and relaxation objection

Illustrative response: The allegation that the applicant was overage is disputed to the extent that the applicable recruitment rules, advertisement or binding court order provided age relaxation for the applicant's category or circumstances. The applicant relies on [exact provision / order], the relevant cut-off date and the date-of-birth evidence. Previous teaching service by itself does not establish entitlement to relaxation unless an applicable legal provision supports it.

D.Ed., JBT and other teaching qualifications

Illustrative response: The applicant obtained the [full name of qualification] from [recognised institution] in [year]. It is submitted that this qualification satisfies the advertised eligibility requirement because [quote the relevant recruitment rule, competent recognition/equivalence decision or binding judgment]. Equivalence must not be presumed merely because two courses concern teacher education.

Reliance on Sachin Gupta litigation

Illustrative response: The applicant relies upon the judgment in [complete verified case title, case number, court and decision date], particularly paragraph [number], for the proposition that [accurate holding]. The respondent's contrary reading is disputed because [explain the actual applicability of the decision]. Verify the judgment and its subsequent treatment before pleading that it governs the applicant's case.

Responses to detailed counter-affidavit paragraphs

Where the counter contains sub-paragraphs 4.1 through 4.25, retain their numbering and answer each material contention distinctly. For paragraphs containing only an undisputed procedural history, a concise reference to the record may suffice. For allegations about qualification, experience, age relaxation, misrepresentation or the meaning of a court decision, give a precise admission, denial or explanation supported by documentary evidence. Avoid contradictory statements and incomplete case citations.

Checklist before filing a CAT rejoinder

Use the correct Bench, O.A. number, party names and respondent numbers.
Check whether the Bench has permitted or directed a rejoinder and comply with the filing deadline.
Match the respondent's paragraph numbering and respond to material allegations specifically.
Confirm each factual statement against the original application, reply and annexures.
Verify current recruitment rules, eligibility cut-off dates, relaxation provisions and case citations.
Attach additional documents only in accordance with applicable rules or Tribunal directions, with a proper index and pagination where required.
Sign, verify, swear and serve the pleading as required; retain proof of service and filing acknowledgment.
Confirm current Registry requirements, including permitted electronic filing, paper copies and formatting.

Official CAT information and judgments

For Bench details, case status and cause lists, visit the official CAT case information portal. For reported CAT decisions and case research, use the CAT judgments portal. For the Act and amendments, consult India Code.

Last reviewed: 21 October 2026. This material is general legal information and a drafting aid; the facts, law and Registry practice must be checked for the particular matter.