GROUP -C
Tamil Nadu Circle @ Tirunelveli -627006
No. Org / TN / /dtd at TVL 627002, the 11.12.2025
To
The Chief Post Master General
Tamil Nadu Circle,
Chennai - 600002
Madam,
SUB :Immediate Implementation of High Court of Jharkhand Judgment (2025:JHHC:36636) - Grant of Equal Trade Union Facilities to All Recognized Service Associations
This letter brings to your immediate attention a significant judgment delivered by the Hon'ble High Court of Jharkhand on December 6, 2025, which has important implications for the administration and management of trade union facilities within the Department of Posts.
1. BACKGROUND AND JUDGMENT DETAILS
The High Court of Jharkhand (Justice Rajesh Kumar), in Writ Petition No. 3395 of 2023, heard the case of "All India Postal Employees Union Group 'C'" (a recognized service association) against the Union of India through the Department of Posts and others. The judgment addresses the issue of discriminatory treatment in the grant of trade union facilities to different service associations.
2. KEY FINDINGS OF THE COURT
The Hon'ble Court made the following significant observations:
2.1 Recognition vs. Limited Facilities
The Court found that under the Central Civil Services (Recognition of Service Association) Rules, 1993, there is no concept of "limited trade union facilities." The Department of Posts cannot selectively grant limited facilities to some associations while denying them to others who are similarly situated.
2.2 Principle of Equal Treatment
The Court emphasized that Article 14 of the Constitution of India mandates that authorities must maintain rationality and equality in both the reasoning process and in administrative action. The Court held that:
• Both the petitioner (All India Postal Employees Union Group 'C') and respondent No.4 (Bharatiya Postal Employees Federation) were found disqualified regarding eligibility for full recognition.
• However, differential treatment was being extended without justifiable grounds.
• The reason assigned for differential treatment (financial irregularities and funding misappropriation by one association) cannot form the basis for granting limited facilities while denying them to another similarly situated association.
2.3 Violation of Constitutional Rights
The Court observed that giving differential treatment to two different associations is not justified and is in direct violation of Article 14 of the Constitution of India.
3. THE COURT'S DIRECTIVE
The Hon'ble Court issued the following direction:
"In view of the matter, the present writ petition stands disposed of directing the respondents to give similar treatment to the petitioner also which has been given to respondent No.4."
This directive mandates that the Department of Posts must extend identical treatment to all service associations that are similarly situated in terms of eligibility and recognition status.
4. LEGAL IMPLICATIONS
4.1 Mandatory Compliance
This is a binding judgment of the High Court that requires immediate compliance across all postal divisions, including the Tirunelveli Division. The judgment is not limited to the respondents in the original case but applies to all postal administration throughout the country.
4.2 Non-Discrimination Principle
The Court has clearly established that:
• No selective or limited facilities can be granted based on administrative discretion if they are denied to similarly placed associations
• Financial irregularities of one association cannot justify differential treatment if no such charges exist against another association
• All recognized service associations must receive equal trade union facilities
4.3 Adherence to Statutory Rules
The Department must strictly adhere to the Central Civil Services (Recognition of Service Association) Rules, 1993, without introducing non-statutory concepts like "limited facilities."
5. ACTIONS REQUIRED - IMMEDIATE IMPLEMENTATION
Based on the above judgment, we urge the Sr. Superintendent of Post Offices, Tirunelveli Division to take the following urgent actions:
5.1 Identification and Review
• Immediately identify all service associations operating in the Tirunelveli Division
• Conduct a review of the facilities currently being provided to each association
• Review all office memoranda and orders issued regarding trade union facilities
5.2 Equalization of Facilities
• Ensure that all recognized service associations receive identical trade union facilities
• Remove any discriminatory provisions or conditions
• Implement uniform standards across all associations in the division
5.3 Communication and Documentation
• Issue office orders/circulars notifying all post offices in the division about the Court's direction
• Document the steps taken to comply with the judgment
• Maintain records of facilities provided to each service association
6. CONSTITUTIONAL PERSPECTIVE
The judgment reinforces the fundamental right to equality guaranteed under Article 14 of the Constitution of India. It emphasizes that:
• Administrative discretion, though important, must be exercised rationally and fairly
• Equal treatment of equals is a constitutional imperative
• No authority can create arbitrary classifications without reasonable justification
7. PENAL CONSEQUENCES OF NON-COMPLIANCE
Non-compliance with this Court judgment may result in:
• Contempt of Court proceedings
• Personal liability of officers responsible for non-compliance
• Corrective action through further judicial intervention
• Possible financial liability for damages caused by non-compliance
8. CONCLUSION
The High Court of Jharkhand's judgment in 2025:JHHC:36636 is a significant pronouncement that reaffirms the principles of constitutional equality and administrative fairness. CPMG Tamil Nadu Circle is requested to align its practices with this judgment to ensure that all service associations receive fair and equal treatment.
This is not a matter of discretionary implementation but a binding directive from the judiciary that requires prompt and complete adherence./
Yours faithfully
(S.K.Jacob Raj)
Circle Secretary
Enclosures
1. Copy of the High Court Judgment (2025:JHHC:36636) dated December 6, 2025
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