THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.21096 of 2025

ORDER

This writ petition is filed seeking following prayer:-

“to direct the respondents to allow the petitioner to conduct the elections without reference to 15(1)(c) of CCS (Conduct Rules) by holding the action of the respondents in insisting Rule 15(1)(c) of CCS (Conduct Rules) as bad, illegal, unfair, unconstitutional, more particularly one in the nature of Writ of mandamus.”

2. Brief facts of the case are that petitioner No.2 is represented by the General Secretary, NFCIWU, vide Registration No.A.71, recognized by the Department of Atomic Energy, Government of India, affiliated to National Federation of Atomic Energy Employee (NFAEE), Nuclear Fuel Complex, ECIL Post, Hyderabad. The petitioners are aggrieved by proceedings dated 12.07.2025 issued by the 3^rd respondent through which the request of the General Secretary for nomination of convener and co-convener for election for the period 2025 to 2027 under CCS (RSA) Rules 1993 on 26-07-2025 was accorded by further stating that rule 15 (1)(c) of CCS conduct rules of 1964 will be in operation till it is withdrawn by stating that the said provisions are applicable referring to the office memorandum dated 27-02-2020 of DoPT and office memorandum of DAE dated 29-08-2022 will be followed, which is contrary to law.

3. The 1st petitioner is the NFAEE and the 2nd petitioner is the Registered Trade Union of NFC Unit Hyderabad which is affiliated to the 1st petitioner. The 2nd petitioner has submitted representation dated 04-02-2025 to the 1st respondent stating that Industrial Staff are governed by provisions under Industrial Dispute Act, 1947 (for short ‘ID Act’) and the other labour laws and that ID Act provides rights to workmen to organize and participate in Trade Union Activities and encourage fair labour practices and dispute resolutions and that workmen are excluded from Rule 15(1)(c) of CCS (Conduct Rules) 1964. The representation of the 2nd petitioner dated 04.02.2025 was followed by another representation dated 24-03-2025.

4. The petitioners refers to the judgment rendered by High Court of Bombay in WP No.12666/2024 dated 15.04.2025, wherein the prayer sought by the petitioners in the said writ petition in clauses (a), (b), (c), (d) were allowed. A reading of the said clauses would show that what was sought before the Bombay High Court was that the Atomic Energy Workers and Staff Union, a registered Trade Union was seeking to exempt them from 15(1)(c) of CCS (Conduct Rules) 1964 and the restriction imposed on the office bearer that they can only have tenure of two terms or five years maximum is illegal.

5. Thereafter, the General body of the 2nd petitioner met on 05-07-2025 and the minutes of the meeting were communicated to Administrative Officer-III (IR & W) NFC Hyderabad, through letter dated 05.07.2025, wherein it was resolved to follow the above judgment in conducting the elections, and thereafter, the 2nd petitioner informed Administrative Officer -III (IR & W), NFC Hyderabad, that the elections are scheduled on 26-07-2025 and have nominated the convener and co-convener for conducting of elections for the period 2025-27. Thereafter, the Administrative Officer-III (IR &W, Transport and PR) issued proceedings dated 12-07-2025 addressing the 2^nd petitioner and informed that competent authority has acceded to the request of the 2^nd petitioner for nomination of convener and co-convener as suggested, and further informed that Rule 15(1)(c) of CCS (Conduct Rules) will be in operation till they are withdrawn and that DoPT, OM dated 27-02-2020 and DAE, OM dated 29-08-2022 regarding sanction and guidelines for holding elections would be followed.

6. The petitioners submits that the said observations are made by ignoring the judgment of the Bombay High Court, which is contrary to law. It is further submitted that the order passed by the Bombay High Court in W.P.No.12666 of 2024, dated 15.04.2025, is applicable