Calcutta High Court (Appellete Side)
All India Postal Sbco Employees' ... vs The Union Of India & Ors on 18 April, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
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Sl. No.66.
18‐04‐2019
S.D.
W.P. 23028 (W) of 2018
All India Postal SBCO Employees' Association & Anr.
vs.
The Union of India & Ors.
Mr. Saptangsu Basu, Sr. Adv.,
Mr. R. P. Matilal
....For the petitioners.
Mr. Kaushik Chandra, Ld. A.S.G.,
Mr. Subhankar Chakraborty
Mr. Loknath Chatterjee
Mr. Saptarshi Bhattacharjee
....For the Respondents.
The petitioners seek a decision from the authorities in terms of the Central Civil Services (Recognition of Service Associations) Rules, 1993.
Learned Senior Advocate appearing on behalf of the petitioners submits that, the first petitioner is an association of employees working at the Post and Telegraph Department. The first petitioner is entitled to a decision as to the recognition in terms of Rule 5 and 7 of the Rules of 1993. The authorities are yet to take a decision thereon. He submits that, the verification for such process was initiated on June 9, 2015. The decision is yet to be taken thereon. 2 He draws the attention of the Court to a judgment and order dated January 11, 2019 passed by the High Court of Judicature at Madras in W.P. No. 29163 (W) of 2018 and W.M.P. No. 34093 (W) of 2018 (SHP Jasmine Jalal Begum vs. Government of India & Ors.) and submits that, the authorities were directed to declare the result of the verification of the membership for the purpose of recognition of service association within a period of six weeks from the date of receipt a copy of such order. The publication of the result was made subject to the result of the writ petition being W.P. No. 6895 of 2015 pending before the High Court of Rajasthan at Jodhpur. He submits that, the petitioner being similarly situated and circumstanced as that of the writ petitioners in W.P. No. 6845 of 2015 similar directions may be passed.
The respondents are represented by the Additional Solicitor General. There subsists a direction dated January 11, 2019 passed by the High Court of Judicature at Madras in SHP Jasmine Jalal Begam (supra).
In such circumstances, it would be appropriate to call for a report from the respondent no. 2 as to the steps and measures taken in terms of such direction.
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List the Writ Petition on April 30, 2019 when the respondent no. 2 will submit his report.
Neither this order, not the pendency of this writ petition will prevent the respondent no. 2 from implementing the directions passed by the Hon'ble High Court of Judicature at Madras as also taking a decision on the claim made by the petitioner herein.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the formalities.
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