Rules, Rights & Rites -3 - Calcutta High Court Judgment on Subscription Recovery
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However, due to the recent spate of orders and the high volume of information being received, I have not been able to convert every item into a video. Therefore, I am introducing these new slots to post current matters and updates that have not yet been published on YouTube. This ensures you stay informed on every detail, even if a video hasn't been made yet …………….Kayveeyes
Calcutta High Court Judgment on Subscription Recovery - Final decision of the Calcutta High Court judgment (WPA 12853 of 2023) delivered on November 19, 2025, which challenged an email communication regarding the deduction of union membership subscriptions
• The writ petition challenged an E-Mail Communication dated May 15, 2023, issued by the ADG (SR & Legal) of the Postal Department.
• This email directed all Heads of Circles to ensure that the money for the subscription of members of the Petitioner's Association shall not be deducted through the respective DDO till further order.
• The email claimed to be in compliance with a departmental order (dated April 26, 2023) that pertained to the cancellation of the recognition of the Petitioner's Union as a Service Association.
• The Court found that the clarification (the May 15, 2023 email) was "not based on any Department/Govt. order or authority".
• The clarification "clearly has no legal force" as it had not and could not set aside the prior relevant orders dated February 14, 2007, July 20, 2023, and August 9, 2023 (which were not detailed in this document but were implicitly in favour of the subscription deduction).
• The Court agreed with the petitioners' contention that putting such a clarification into effect would "severely effect its membership in numbers".
• The direction to stop deduction would also "jeopardize and prejudice the future recognition of the Union" since recognition is granted for a fixed tenure subject to conditions being fulfilled (referencing Clause (d) of CCS (Recognition of Service Associations) Rules, 1993).
• The clarification vide email dated May 15, 2023, issued by the ADG (SR & Legal) was deemed "not in accordance with law" and having no basis, and was set aside and quashed.
• The Court ordered that the membership subscription be continued to be deducted through the respective DDO's.
• The Writ Petition was allowed.
• The Court distinguished between the recognition status of a union and the facility for deduction of subscription. The mere cancellation of recognition of a Service Association does not automatically stop the facility of deduction of subscriptions, provided the association still fulfils other conditions.
• The Court specifically noted that stopping the deduction would prejudice the Union's future recognition. It referenced Clause (d) of the CCS (Recognition of Service Associations) Rules, 1993, which likely relates to maintaining a minimum membership threshold for recognition. Disrupting the deduction process would "severely affect its membership in numbers," thereby jeopardizing its ability to meet this essential condition for re-recognition.
• The key legal observation was that the email communication from the ADG (SR & Legal) was not based on any formal Department/Government order or authority. The Court found it to be a standalone clarification with "no legal force".
• Kudos to Com Asit & his team. My personal appreciations to them.
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