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12. Rest of the respondents (Contesting) in their opposition have stated as follows:-

i. The recognition to the All India Postal Employees Union Group "C" under CCS (RSA) Rules, 1993 as well as National Federation of Postal Employees (NFPE) was withdrawn vide Directorate's Order no. SR-10/7/2022-SR-DOP dated 26.04.2023 after providing them with ample opportunities and following all due procedure. The said withdrawal of recognition of the All India Postal Employees Union Group "C" under CCS (RSA) Rules, 1993 as well as National Federation of Postal Employees (NFPE) is not under challenge in this writ petition.

iv. Rule 8 of CCS (RSA) Rules, 1993 inter alia stipulates that if in the opinion of Government, a Service Association recognized under these rules has failed to comply with any of the conditions set out in Rule 5 or Rule 6 or Rule 7, the Government may after giving an opportunity to the Service Association to present its case, withdraw the recognition accorded to such Association. Ample opportunities were provided to the Association and all the due procedures were Page 11 2025:CHC-AS:2112 followed before withdrawing the recognition by passing a reasoned order.

v. In the instant case, the recognition of the Association has been withdrawn as a measure of punishment for violating extant instructions/provisions of CCS (RSA) Rules, 1993. This is not a case that an Association is having less number of members and their application for recognition under the CCS (RSA) Rules, 1993. As such, they cannot be covered under the clause VI of Directorate's OM no. 10-1/2004-SR dated 25.06.2004 (Compilation of Instructions on matter concerning Service Association, Department of Posts) which provides that "Membership Subscription of all Association recognized or otherwise". The Union facilities herein mentioned are admissible to the recognized Service Associations only, unless specifically relaxed in favour of the non-recognized Service Association". The petitioners are trying to misinterpret the clause. Their arguments are devoid of any merit and deserve to be rejected. vi. It is submitted that the petitioners still remain members of the Association whose recognition has been withdrawn. They have by no way been restricted from payment of membership subscription on their own. The petitioners cannot claim any right that their membership Page 12 2025:CHC-AS:2112 subscription has to be deducted through the DDO (Drawing and Disbursing Officer) from their salary once the recognition of their Association has been withdrawn following due process of law and also following the extant instructions/provisions of CCS (RSA) Rules, 1993. Deduction of membership subscription through the DDO (Drawing and Disbursing Officer) from the salary of the petitioners would mean that as per the rules the said membership subscription has to be remitted to the Association. Once the Association's recognition has been withdrawn there can be no occasion to remit the said membership subscription of the petitioners by the respondent to the said Association whose recognition has been withdrawn.

b) The question of De-recognition is not contested here. The matter of deduction of subscription is not related with recognition as detailed in the foregoing paragraph. All the unions/associations in the department not recognized till date are enjoying the subscription deduction from the salary of their members since long, without any specific order regarding this.

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c) In the CCS (RSA) Rules 1993, there is no such provision of punishment. Rule 8 of the above Rules only stipulates that in case of non-compliance of Rules 5, 6 and 7, the recognition will be withdrawn. The Rules does not specify anything more than that, and not having the recognition is not a restriction for deduction of subscription from salary, as the department is allowing such deduction for years till today for several other unions/associations without having recognition. The interpretation of punishment is arbitrary.