GOVERNMENT OF INDIA & ORS. versus ISRO DRIVERS ASSOCIATION

Citation: [2020] 7 S.C.R. 941 · Decided: 10-08-2020 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Appeal(s) allowed

Judgment (excerpt)

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GOVERNMENT OF INDIA & ORS.
v.
ISRO DRIVERS ASSOCIATION
(Civil Appeal No. 7138 of 2010)
AUGUST 10, 2020
[SANJAY KISHAN KAUL, AJAY RASTOGI AND
ANIRUDDHA BOSE, JJ.]
Central Civil Services (Recognition of Service Association)
Rules, 1993:
rr. 5(c) and 5(d)(i) – Service Association – Based on the job
description (drivers) – By the employees of Department of Space –
Recognition under the Rules – Permissibility – Held: 1993 Rules
are applicable to Government Servants to whom Central Civil
Services (Conduct) Rules, 1964 are applicable – Department of
Space has its own service rules – The Service Rules of Department
of Space classify the civil posts broadly under four groups viz. ‘A’,
‘B’, ‘C’ and ‘D’ – Employees of different job description fall in
different groups based on their pay scale and job description – The
scheme of 1993 Rules shows that its intention is to avoid plurality
of associations – The classification of the posts in group ‘A’, ‘B’,
‘C’ and ‘D’ categories is a ‘distinct category’ – Further classification
of posts based on job description is not permissible under recruitment
and conduct rules and the same if permitted under the guise of
expression ‘distinct category’, would defeat the object with which
the scheme of 1993 Rules have been framed – Department of Space
(Classification, Control and Appeal) Rules, 1976.
Allowing the appeal, the Court
HELD: 1. As per the scheme of Rules 1993, it is applicable
to such Government servants to whom the Central Civil Services
(Conduct) Rules, 1964 are applicable. The Department of Space
framed its own disciplinary rules regarding alleged misconduct
being committed by the employees for holding disciplinary
inquiries under proviso to Article 309 of the Constitution, namely,
the Department of Space (Classification, Control & Appeal) Rules,
1976 was further amended in the year 2013. Annexed thereto,
schedule has been appended to Rule 30 prescribing the
[2020] 7 S.C.R. 941
941
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SUPREME COURT REPORTS
[2020] 7 S.C.R.
classification of Civil Posts under the Department of Space broadly
in four Groups ‘A’, ‘B’, ‘C’ and ‘D’. The employees who are
working in SDSC SHAR i.e. technical attendants, nursing
attendants, technicians, office attendants, gardeners, safaiwalas,
security guards, canteen attendants, radiographers, pharmacists,
lab technicians, nurses, agricultural supervisors, drivers,
stenographers etc. are falling in different groups based on their
pay scales and job description etc. [Para 23] [954-F-H][955-A]
2. There are two different set of recruitment rules. One
set of recruitment rules have been framed by Department of Space
for drivers in exercise of powers conferred under proviso to Article
309 of the Constitution called as Department of Space (Staff Car
Drivers/Light Vehicle Drivers) Recruitment Rules, 2001
classified drivers in Group ‘C’ post. For the other category of
posts of Assistant, Senior Project Assistant, Personnel Assistant
and Private Secretary, their recruitment is regulated by the Rules
called the Department of Space (Group ‘B’ Posts) Recruitment
Rules, 2009 and with partial modification, the method of
recruitment and designation to the post of Assistant (Group ‘B’
non-gazetted) called the Department of Space (Assistant)
Recruitment Rules, 2016.  At some stages, for other purposes,
categorization of posts have been made indicating ministerial,
non-ministerial, industrial and non-industrial, tenure posts but
broadly under the scheme of recruitment rules, the service
conditions of employees have been broadly classified in four
groups A,B,C & D. [Para 24][955-A-D]
3. The primary object of forming service association is to
promote the common service interest of its members and the
membership of the service association remain restricted to such
Government servants having common interest and all group of
employees covered under the existing JCM scheme were
categorized as a ‘distinct category’ for forming their association.
At the same time, if association/Union is being exclusively
permitted to be formed by the group of employees based on job
description in the organization such as drivers, stenographers,
etc. apart from various category of employees who are working
in SDSC SHAR i.e. technical attendants, nursing attendants,
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technicians, office attendants, radiographers, etc. for the purpose
of recognition under the scheme of Rules 1993 treating them to
be a ‘distinct category’ as considered by the Div

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