$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12^th December, 2024 + W.P.(C) 8063/2021 & CM APPLs. 29917/2021, 31694/2021, 5709/2023, 28482/2023 BIPLAB DATTA & ORS. .....Petitioners Through: Mr. Sujoy Gaur, Advocate.

versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Pratima N. Lakra, CGSC with Mr. Chandan Prajapati, Advocate for R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The Petitioners are the members of All India Central Government Health Scheme Employees Association,¹ Respondent No.3. They assert that All India CGHS Association is an association of ‘Group C’ and ‘Group D’ Employees of CGHS. The aims and objects of the association are to safeguard and promote the interests of the CGHS Employees in general and members of the association in particular and to get redressal of their grievances; to provide the members with legal assistance whenever necessary to defend themselves from injustice; and to ensure that the members are part of the management of the association.

Signature Not Verified Digitally Signed W.P.(C) 8063/2021 Page 1 of 11

2. They further assert that the All-India CGHS Employees Association was formed for and by the Group C and Group D employees, as per the Department of Personnel and Training, [“DoPT”] guidelines and instructions.

3. The Petitioners rely on the Office Memorandum dated 6^th April 2004, issued by DoPT which reads as follows:

4. The Petitioners assert that the Ministry of Health and Welfare, JCM

1 “All India CGHS Association”

Signature Not Verified

Digitally Signed

W.P.(C) 8063/2021 Page 2 of 11 Cell (Welfare & PG Section) on 27^th July, 2012 has clarified that, employees/officials drawing a Grade Pay of INR 4200/- or above are classified as ‘Group B’ and, as such, cannot be members of any Service Association/Union/Federation. Consequently, they are also not eligible to represent the Staff Side in any Councils functioning under the scheme for Joint Consultative Machinery and Compulsory Arbitration., [“JCM Scheme”] The said clarification reads as under:

5. The Petitioners argue that these directives have not been followed or Signature Not Verified

Digitally Signed

W.P.(C) 8063/2021 Page 3 of 11 implemented by the All-India CGHS Employees Association to date. Despite multiple representations and discussions by Group C employees with the Association’s managing committee, Group B officials continue to be members of this Association. Petitioners maintain that it is the responsibility of the members and office bearers to ensure that employees drawing a Grade Pay of INR 4200/- and classified under Group B withdraw from membership of the Association, which is intended for Group C and Group D employees.

6. The Petitioners also refer to Rule 5 of Central Civil Services (Recognition of Service Associations) Rules, 1993 which reads as follows:

“5. Conditions for recognition of Service Associations : A Service Association which fulfills the following conditions may be recognized by the Government, namely :-

a. An application for recognition of Service Association has been made to the Government containing Memorandum of Association, Constitution, Bye-laws of the Association, Names of Office-Bearers, total membership and any other information as may be required by the Government;

b. the Service Association has been formed primarily with the object of promoting the common service interest of its members;

c. membership of the Service Association has been restricted to a distinct category of Government servants having common interest, all such Government servants' being eligible for member-ship of the Service Association;

d. (i) The Association re-presents mini-mum 35 per cent of total number of a category of employees provided that where there is only one Association which commands more than 35 per cent membership, another Association with second highest membership, although less than 35 per cent may be recognized if it commands at least 15 per cent member-ship;

(ii)