The Honourable Hih Court of Rjasthan, in the Civil Misc. Writ Petition No 5037 0f 2009 granted stay on 19.5.2009 . Copy of the order is reproduced below:
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. CIVIL MISC. WRIT PETITION NO. 5037 / 2009
PETITIONER:
Bharatiya Postal Employees Union, Class III, Rajasthan Circle through its Circle Secretary, Shri. Jawan Mal Mewara, S/o Shri.Suraj Mal Ji, age 54 yers, R/o 2/1098, Kuri Bhagatsani Housing Board, Basani, Jodhpur (Raj.)
VERSUS
RESPONDENTS:
1. The Union of India through the Secretary, Ministry of Communication and I.T, Dak Bhawan, Sansad Marg, New Delhi.
2. The Director, (Staff Relations), Department of Posts, Dak Bhawan, New Delhi.
3. The Chief Post Master General, Rajasthan Circle, Jaipur
IN THE MATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA,
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. CIVIL MISC. WRIT PETITION NO. 5037 / 2009
PETITIONER:
Bharatiya Postal Employees Union, Class III, Rajasthan Circle through its Circle Secretary, Shri. Jawan Mal Mewara, S/o Shri.Suraj Mal Ji, age 54 yers, R/o 2/1098, Kuri Bhagatsani Housing Board, Basani, Jodhpur (Raj.)
VERSUS
RESPONDENTS:
1. The Union of India through the Secretary, Ministry of Communication and I.T, Dak Bhawan, Sansad Marg, New Delhi.
2. The Director, (Staff Relations), Department of Posts, Dak Bhawan, New Delhi.
3. The Chief Post Master General, Rajasthan Circle, Jaipur
IN THE MATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA,
.
AND
.
IN THE MATTER OF ARTICLE 14 & 16 OF THE CONSTITUTION OF India
.
AND
.
IN THE MATTER OF CCS (RSA) RULES 1993
.
AND
.
S.B. Civil Writ Petition No. 5037 / 2009
Date of Order : 19.5.2009
HON'BLE MR. PRAKASH TATIA, J
Mr. S.K. Malik, for the Petitioner
Issue notice to the respondents for final disposal.
According to learned counsel for the petitioner, the communication Annex P/4 was issued on 17th April, 2009 and by this letter it has been communicated that letter of authorization is to be sent through the applicant Services Association to which membership is sought so as to reach the Drawing and Disbursing Officer concerned on or before 15.5.2009. According to learned counsel for the petitioner, the said communication dated 17th April, 2009 was not sent to the petitioner – association and when petitioner-association came to know about the same, the petitioner-association requested the Chief Post Master, Rajasthan, Jaipur for giving copy of the communication Annex, P/4 dated 17th April, 2009 vide letter dated 12th May, 2009. On this request, the communicated dated 17th April, 2009 was given to the petitioner-association and the petitioner-association by his has not been given reasonable opportunity, rather say, reasonable time to comply with the conditions of sending the letters of authorization as required by Annex, P/4.
Looking to the totality of the facts of the case, Issue notice to the respondents for final disposal.
Meanwhile, the respondents shall not finalize the re-verification of membership for recognition of services Association till further orders.
Sd/ (PRAKASH TATIA) j
S.B. Civil Writ Petition No. 5037 / 2009
Date of Order : 19.5.2009
HON'BLE MR. PRAKASH TATIA, J
Mr. S.K. Malik, for the Petitioner
Issue notice to the respondents for final disposal.
According to learned counsel for the petitioner, the communication Annex P/4 was issued on 17th April, 2009 and by this letter it has been communicated that letter of authorization is to be sent through the applicant Services Association to which membership is sought so as to reach the Drawing and Disbursing Officer concerned on or before 15.5.2009. According to learned counsel for the petitioner, the said communication dated 17th April, 2009 was not sent to the petitioner – association and when petitioner-association came to know about the same, the petitioner-association requested the Chief Post Master, Rajasthan, Jaipur for giving copy of the communication Annex, P/4 dated 17th April, 2009 vide letter dated 12th May, 2009. On this request, the communicated dated 17th April, 2009 was given to the petitioner-association and the petitioner-association by his has not been given reasonable opportunity, rather say, reasonable time to comply with the conditions of sending the letters of authorization as required by Annex, P/4.
Looking to the totality of the facts of the case, Issue notice to the respondents for final disposal.
Meanwhile, the respondents shall not finalize the re-verification of membership for recognition of services Association till further orders.
Sd/ (PRAKASH TATIA) j
