Administrative actions that selectively deny facilities to similarly situated de-recognized trade unions while granting them to others are biased, violate the principles of natural justice, and constitute an abuse of the process of law.

Shampa Dutt (Paul), J.:

1. The writ application has been preferred challenging an order dated 19th March, 2026, praying for direction upon the respondent authorities to extend the limited trade union facilities to the petitioners in terms of the solemn order dated 06.12.2025 of the Hon’ble High Court of Jharkhand at Ranchi in W.P.(C) No.3395 of 2023 (All India Postal Employees Union Group ’C’-Vs- UOI & Ors.) by quashing the said office order dated 19th March, 2026, issued by the Assistant Director General (SR & Legal), SR Sections.

2. Vide the impugned order dated 19th March, 2026, the said authority being the respondent no. 3 herein has directed as follows:-

“To

All Heads of Postal Circles/Regions.

Subject: Communication with de-recognized Federation/ Association - NFPE and AIPEU Group ’C’-reg.

Madam/ Sir,

The undersigned is directed to refer to letter no. SR-10/7/2022-SR-DoP dated 26.04.2023 (copy enclosed) whereby National Federation of Postal Employees and All India Postal Employees Union Group ’C’ were de-recognized.

2. It has come to notice that some Circles and some Divisions of the Directorate are continuing correspondence with AIPEU Group ’C’. The issue was also raised in recently held periodic meeting.

3. Therefore, all Circles and Divisions are requested that no correspondence be made with NFPE or AIPEU Group ’C’.

4. Non-compliance of these instructions shall be viewed seriously.

Encl: As above.

Yours faithfully

Assistant Director General (SR & Legal)

Date: 19-03-2026”

3. Learned counsel for the petitioners submits that admittedly their recognition has been withdrawn and they have not challenged the said order withdrawing recognition, but they intend to pray for recognition of their Union within the specific period and time and in the interim the petitioner prays that Trade Union facilities as extended to other de-recognised Trade Unions be also extended to the petitioners herein.

4. It is further submitted by Mr. Basu, learned senior counsel for the petitioner that vide an order dated 3rd June, 2015, the respondent no. 2 being the Director (SR & Legal), Department of Posts, Government of India has extended such facility to the Federation and its affiliated Unions which also did not have recognition. The content of the said letter is as follows :-

“Subject: Trade Union Facilities by Bhartiya Postal Employees Federation and its affiliated Unions

In supersession of all orders instructions of even number dated 24/06/2014, 25/07/2014, 30/09/2014, 09/01/2015 and 11/05/2015 on the above subject, it is clarified that it has been decided to extend the following Trade Union Facilities to the Bhartiya Postal Employees Federation and its affiliated unions:-

(i) Channel of communication;

(ii) Meetings with senior officers, viz., Circle, Regional and Divisional Heads & issue of replies on the items discussed.

(iii) Office accommodation subject to availability.

Though the facility of Special Casual Leave will not be granted, the office bearers of the BPEF and its affiliated unions may be relieved to attend meetings, timely.

This issues with the approval of competent authority

(Arun Malik)

Director (SR & Legal)”

5. Vide another letter dated 21st June, 2021 further Trade Unions facilities have been extended to the said federation and its affiliated Unions. Vide another letter dated 23rd March, 2018 a general circular was issued by the respondent no. 3 herein being the Assistant Director General