- (1.) The writ petitioner challenges the decision made by the Commissioner of Customs (Airport and Administration) as the Appellate Authority dated December 30, 2013. The petitioner No. 1 is an Association of Officers of Customs. The petitioner No. 2 is the General Secretary of the writ petitioner No. 1. The writ petitioner contends that, Officers of Customs exercised option to migrate from the respondent No. 6 to the petitioner No. 1 in April, 2013. Such applications were forwarded to the Drawing and Disbursing Officer of the Customs Authorities by June, 2013. In accordance with the Central Civil Service (Recognition of Service Association) Rules 1993, the Customs Authorities ought to have allowed the switch over. In fact, the Customs Authorities accepted the switch over. The respondent No. 6 complained with regard to such switch over, which resulted in the order dated July 15, 2013, passed by the Chief Accounts Officer, Customs House, Kolkata. An appeal was preferred by the respondent No. 6 which was allowed by the impugned order dated December 20, 2013.
(2.) This order is the subject matter of the present writ petition.
(3.) The writ petition is heard after completion of affidavits. Customs Authorities have taken a stand that, the Appellate Authority rightly allowed the appeal since interpreting Rules 2.1 to 3 of the C.C.S.(R.S.A) Rules, 1993. The conclusion arrived at by the Appellate Authority, is correct. Applications for migration must be with the DDO within April of every year. It is submitted that the Annexure-II of the CCS(RSA) Rules cannot be taken to mean that the applications of all employees should reach the DD by the end of June, 1994 of every year. On behalf of the respondent No. 6, it is submitted that, the correct interpretation of Rules 2.1 to 2.4 is that, the application for migration should be with the DDO by the month of April every year for the department to consider the same and to make it effective from July of that year. Reliance is also placed on a circular dated February 25, 2014 issued by the Customs Authorities. Relying on such circular, it is submitted that, the Customs Authorities considered the existing CCS (RSA) Rules, 1993 and is of the view that the applications for migration must reach the office of the DDO in the month of April each year.;