Grant of interim stay to Re-verification of Membership

Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan, Sansad Marg
New Delhi – 110 001


No. 9 / 2 / 2008 –SR dated the May 27, 2008

Subject: Verification of Membership for recognition of Service Associations under CCS (RSA) Rules 1993 – Grant of Interim stay till 18.06.2008 in regard to all proceedings pursuant to the issue of the Department’s letter No. 13/04/2007-SR dated 28.02.2008

I am directed to refer to the Department’s letters No. 13/04/2007-SR dated 28.02.2008 and dated dated 26.03.2008 on the above mentioned subject.

2. All India RMS/MMS Assistant Superintendent’s and Inspectors Association represented by its General Secretary, Shri. M. Mohanarangam, filed Writ Petition No. 11490/2008 and MP No. 2 / 2008 in the High Court of judicature at Madras praying for

i) quashing letter No. 13/4/2007-SR dated 29.02.2008 ibid; and

ii) directing the Department of Posts, represented by its Secretary, to grant recognition to the Petitioner Association i.e., All India RMS/MMS Assistant Superintendents & Inspectors Association as per instructions contained in O.M.No. 2/13/98-JCA dated 11.02.2002 of the Department of Personnel and Training.

3. The Writ Petitions filed in this regard have not yet been received. A copy of the order granting interim stay till 18.06.2008 of all proceedings pursuant to issue of Department’s letter dated 28.02.2008, passed by the Hon’ble Court is enclosed for your kind perusal.

4. The interim stay granted by the Hon’ble High Court will operate till 18.06.2008, which may be observed scrupulously. Further instructions regarding continuation of the verification process after expiry of interim stay granted by the High Court will follow.

Yours faithfully,
Sd/ Subash Chander
Director (SR)
Encl: As above

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Civil Appellate Jurisdiction)

Wednesday, the Thirtieth day of April Two Thousand Eight.

PRESENT
THE HON’BLE SELVI JUSTICE K.SUGUNA

WP NO. 11490 OF 2008

and MP. 2/ 2008

ALL INDIA RMS/MMS ASSISTANT (PETITIONER)SUPERINTENDENT & INSPECTORS
ASSOCIATION, REP. BY ITS
GENERAL SECRETARY
MR. M. MOHANA RANGAM

Vs
1. UNION OF INDIA (RESPONDENT)
MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSIONS,
REP. ITS SECRETARY, NEDW DELHI.

2. UNION OF INDIA
MINISTRY OF COMMUNICATIONS & I.T,
DEPARTMENT OF POSTS
REP. BY ITS SECRETARY
DAK BHAVAN, SANSAD MARG, NEW DELHI

3. THE SECRETARY
(STAFF RELATIONS), DEPT.
OF POSTS, NEW DELHI

4 THE CHIEF POSTMASTER GENERAL
TAMIL NADU CIRCLE, CHENNAI -2.

Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (i) issue a Writ, order or direction in the nature of writ of certiorarified mandamus, calling for the records of the second respondent pertaining to the impugned letter dated 28.2.2008 and quash the same and direct the second respondent to accord recognition to the petitioner- association i.e., All India RMS/MMS Assistant Superintendent & Inspectors Association as per the Office Memorandum dated 11.02.2002 of the first respondent (in WP. No. 11490/08) and

(ii) issue an order of interim stay of all proceedings pursuant to the issue of the impugned letter dated 28.02.2008 by the second respondent (in MP.No.2/08) pending WP.No. 11490/08 respectively.

ORDER : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.G. VIJAY ANAND ASSOCIATS, for the petitioner in both the petitions the court made the following order:-

Notice of motion returnable by ten weeks. Interim stay is granted till 18-06-2008

/sd/

30/04/2008