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2. The above associations are the unions functioning under the ISRO in the Department of Space (DoS). VSSC at Thiruvananthapuram is one of the major centres of the ISRO. There are other unions under the ISRO and the Group 'B' Non-Gazetted Employees of each unit having independent cadres. The recognition of the service associations are granted with reference to the representative character of the associations. The service associations form part of the Joint Consultative Machinery, the functioning of which was set up under the 2 nd Central Pay Commission. The scheme is adopted by the DoS as per Office Letter bearing D.O No.1/4(5)/77-I dated 17.09.1977. In terms of the above mentioned JCM scheme there will be a departmental council at the headquarters and regional councils in different centres/units. The recommendations of the service association would be as per the terms of the Government of India orders then in existence and 1 st and 3rd applicant associations were recognized by the Government during the year 1980 and is continued without any break. The Central Civil Services (Recognition of Service Association) Rules, 1993 were framed and A S PEETHAMBARAN 2025.02.28 15:32:16+05'30' circulated by the Government of India through the DoP&T. These rules were circulated vide its letter bearing No.2/10/80-JCA dated 09.11.1993, produced as Annexure A-2. The DoS implemented Annexure A-2 Recognition of Service Association Rules with the permission of the DoP&T as per letter bearing No.13/1(1)/93-II dated 30.05.1996. As the 1st and 3rd applicants met with the conditions of recognition of service association in Rule 3 the applicant's associations were recognized vide order No.12/2(1)/2000-I dated 24.07.2000, produced as Annexure A-4. This granting them membership of the departmental council in the regional council for representing the staff. It was again reconstituted on 24.09.2002 after conducting verification of membership as per the terms of Rule 5 of the CCS (RSA) Rules. Re-verification was conducted as directed by the DoP&T on a 5 years basis in the year 2008 and the associations were again recognized and the departmental council was reconstituted consequent to the re-verification on 15.05.2008. In 2014 another re-verification was undertaken by the respondents and the same was forwarded to the proper authority for according recognition. The formal recognition or extension of recognition, however, is yet to happen.

4. Pending approval from the Government for recognition of Service Associations, claim for any kind of entitlements like (i) subscription from eligible employees being deducted against membership of Service Associations, (ii) TA/DA for attending meetings/events etc., (iii) mementoes not exceeding Rs.2000/- once in every two years to RC/DC JCM Members, etc., will be on hold.

6. As per Annexure A-24 above, the representative of the 1 st applicant and 3rd applicants' association would not be members of the Staff Grievance Redressal Mechanism but individuals chosen by the department directly. The said letter also stopped deduction of subscription from eligible employees against the membership and also TA/DA for attending meeting/events etc. and receiving mementos, effectively withdrawing the recognition of the service association from the process of verification. Rule 5 of the CCS (RSA) Rules, 1993 provides for verification of the membership. The verification of the membership for the purpose of recognition of the service association is being done by the check off system in the pay rolls ie., on the basis of the A S PEETHAMBARAN 2025.02.28 15:32:16+05'30' deduction of subscription from the pay rolls, detailed instructions regarding this to be issued separately. Rule 5.4 of the said Rules states that the Government may at any time order a special verification of membership if it is of the opinion, after an inquiry that the service association does not have the required membership. The condition subject to which recognition will be continued is listed under Rule 6, which is produced in its entirety below :

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7. It is not the case of the respondent that the applicants' association are in violation of any of the conditions listed here. Rule 7 of the CCS (RSA) Rules, 1993 lists the conditions under which withdrawal of recognition can happen ie., only in failure to comply with any of the conditions for recognition and that only after giving an opportunity to the service association to present its case, withdraw the recognition accorded to such association. There is a relaxation clause under Rule 8. However, it does not appear that there has been a conscious recognition of the relaxation provision. It has been argued by the applicants that the effect of Annexure A-24 would be to effectively withdraw the recognition of the service associations and any process of verification would no longer be possible as the verification is on the basis of the check off system in the pay rolls ie., on the basis of the deduction of subscription.

11. It is an admitted fact that the applicants' associations qualified for recognition under CCS (RSA) Rules and it is argued that the decision is to continue departmental level meeting with the earlier recognized fora/association until formal approval is received from the Government. It is further argued that the verification exercise lapsed in 2019; it is unclear as to how subsequent verification exercise can be taken under CCS (RSA) Rules which is under the check off system, if the authorization for deduction of the membership fees is discontinued and the subscriptions are not collected. It is also not the case of the respondents that the service associations have been de-recognized as per the terms of the Rule 7 of the CCS (RSA) Rules as they did not meet the condition of Rule 6 of the CCS (RSA) Rules as cited in the preceding paragraphs.