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This order is the subject matter of the present writ petition. The writ petition is heard after completion of affidavits. Customs Authorities have taken a stand that, the Appellate Authority rightly allowed the appeal since interpreting clauses 2.1 to 3 of the C.C.S.(R.S.A) Rules, 1993. The conclusion arrived at by the Appellate Authority, is correct. Applications for migration must be with the DDO within April of every year. It is submitted that the Annexure -II of the CCS(RSA) Rules cannot be taken to mean that the applications of all employees should reach the DD by the end of June, 1994 of every year. On behalf of the respondent no.6, it is submitted that, the correct interpretation of Rules 2.1 to 2.4 is that, the application for migration should be with the DDO by the month of April every year for the department to consider the same and to make it effective from July of that year. Reliance is also placed on a circular dated February 25, 2014 issued by the Customs Authorities. Relying on such circular, it is submitted that, the Customs Authorities considered the existing CCS (RSA) Rules, 1993 and is of the view that the applications for migration must reach the office of the DDO in the month of April each year.

I have heard the rival contentions of the parties and have considered the materials on record. 87 officers of Customs Authorities wanted to migrate from the respondent no.6 to petitioner no.1. They exercised their powers of migration granted to them under the CCS (RSA) Rules 1993. It is not disputed that, such applications for migration were with the petitioner no.1 within April of that year. In the facts of this case, such applications for migration reached the DDO within June, of that year. The contention of the respondents is that, in terms of Regulations 2.1 to 3 of CCS (RSA) Rules 1993, the same was beyond time and, therefore, cannot be processed.

For better appreciation of the rival contentions Rule 2.1 to 3 of the CCS (RSA) Rules, 93 are set out herein below:-

"2.1. In terms of Rule 7 of the above-mentioned Rules, the verification of membership for the purpose of recognition of a Service Association shall be done by the check-off system in payrolls.

2.2 Check-off system is a means to verify the membership of an Association on the basis of deduction of subscription from the payrolls. Under this system each Government employee, who is a member of an association is required to apply, in writing, to the DDO or any other designated authority, his consent, for the deduction of annual subscription for the financial year, from the payroll in favour of a particular Association. A specimen of the application is enclosed at Annexure-I. On receipt of the application, the Association is required to confirm the membership and thereafter pass on the application to the DDO for effecting recoveries.

2.3. Consent for deduction of annual subscription shall remain valid till altered or withdrawn. The revised option for deduction, if any, can be exercised only in the month of April each year to be effective from July of that year. 2.4 Under the check-off system, a Government servant may subscribe to only ONE association. For the purpose of fulfilment of the requirement of minimum membership under Rule 5(d)(i) of the CCS (RSA) Rules, 1993, only such of the members who have paid the subscription through the check-off system shall be taken into account.