The court affirmed that the right to union subscription deduction is constitutionally protected and not contingent upon union recognition status, ensuring ongoing membership rights.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The writ petition has been preferred challenging an E-Mail Communication by the ADG (SR & Legal) postal departments dated 15.05.2023 directing all heads of circles to ensure that the money for the subscription of members of the Petitioner's Association shall not be deducted through DDO till further order in compliance to the decision of the competent authority in terms of the Department order No SR-10/7/02022-SR-DOP Dated 26-04-2023. The said Departmental order pertains to the cancellation of the recognition of Petitioner's Union as a Service Association under the Central Civil Services (Recognition of Service Associations) Rules 1993.

2. It is stated that the impugned E mail Communication seeking to impose a ban on the right of a member of an association to make any contribution from their salary account for the purpose of depositing the subscription for the membership, is nothing but a gross violation of right to be part of an association as guaranteed by Article 19(1)(c) of the Constitution of India.

3. The reason which has been cited in support of the impugned communication is an order of the competent authority being Departmental Order No Sr-10/7/2022-sr-DOP dated 26.04.2023 whereby the Department of Post has withdrawn the recognition of the Association of the Petitioners as an 'Service Association' under the Central Civil Service (Recognition of Service Associations) Rules 1993.

4. The Petitioners state that the petitioners’ right to contribute for the purpose of subscription of an association of his choice is not dependent on the recognition of said association, as a service association is recognized under the Central Civil Service (Recognition of Service Associations) Rules 1993. Moreover, by imposing such a ban, the respondents have violated the right to freedom of association of the petitioners guaranteed under article 19 (1) (c).

5. The petitioner states that the membership of an association is the first important feature of that association and the members are the life line of an association. Whether an association is a recognized association under the civil services rules, is not a condition to be fulfilled as an existence of an association.

6. The petitioner states that the department of Post had issued an order no. 10-1/2004-SR dated 25th June 2004 compiling several instructions on trade union facilities. In item no. VI, clarifications were given on 'MEMBERSHIP SUBSCRIPTION OF ALL ASSOCIATIONS RECOGNISED OR OTHERWISE'. The term 'otherwise' makes it clear that even the associations not having recognition are entitled for membership subscription. Under this item, the protocol of collection of subscription from salary of the members and its remittance to the central body or Divisional Secretary was clarified. Further, an order bearing no. 13- 4/2004-SR dated 14.02.2007 issued by the department, clarifies that even the associations, not recognized, are entitled and it has been instructed to continue deduction of subscription from salary of the members of such associations as well.

7. Thus, there is violation of Article 14, 19, 21, of the Constitution of India and hence the writ petition.

8. In their supplementary affidavit the petitioners have brought the following facts before this Court:-

a) Writ Petition (Civil) No. 9049 of 2023, dealing with similar subject-matter to this instant matter, had earlier been filed before the Hon'ble High Court at Delhi.

b) One writ petition has been filed before the High Court of Jharkhand at Ranchi being W.P. (C) No.7135 of 2023 In re: All In