CENTRAL PWD ENGINEERS ASSOCIATION Vs. UNION OF INDIA
HIGH COURT OF DELHI
Central Pwd Engineers Association
UNION OF INDIA
Click here to view full judgement.
ANOOP KUMAR MENDIRATTA,J. -
(1.)The challenge in this writ petition is to an order dated October 31, 2019 passed by the Central Administrative Tribunal (hereinafter referred to as the "Tribunal ") whereby the continuation of recognition of the petitioner Association (i.e. Central PWD Engineers Association) as claimed by the petitioners was denied on the ground that the petitioners did not file the required documents as per schedule specified under Rule 6(e) of the Central Civil Services (Recognition of Service Associations) Rules, 1993 (hereinafter referred to as the "CCS (RSA) Rules "). Accordingly, it was held that petitioners were not entitled to claim the benefits accorded to a recognized Association. However, since the Association later on filed the documents which were under active consideration of the respondent, they were directed to expedite re-verification and consider continuation of recognition of the Association.
(2.)In brief, the petitioners preferred an O.A. before the Tribunal claiming the Central PWD Engineers Association to be one of the oldest Service Associations espousing the cause of promotee Engineers in CPWD, having Assistant Engineers, promotee Executive Engineers and Superintending Engineers as its Members. The Association is stated to have been formed way back in the early 1960s. In the year 1993, CCS (RSA) Rules were promulgated which provided for recognition of service Associations with the object of promoting common service interest of its members. An Association representing 35% of the total number of the category of employees forming the Association was entitled for recognition as a primary member. A secondary Association commanding at least 15% of the membership of the category of the employees forming the Association, could also be granted recognition under the Rules.
(3.)It is the case of the petitioners that following the promulgation of the CCS (RSA) Rules, 1993 the petitioner Association was granted recognition by respondent No. 1 (Union of India), through Secretary, Ministry of Housing and Urban Affairs on October 04, 1996. After carrying out the re-verification of membership, respondent (Secretary, Ministry of Housing and Urban Affairs) approved continuance of recognition of the petitioner Association for a further period of five years vide letter dated July 27, 2004.
Copyright © Regent Computronics Pvt.Ltd.