Government Servants are not precluded from the fundamental right to form associations

The Delhi High Court (DHC), while deciding a writ petition seeking continuation of recognition of the petitioner association, Central PWD Engineers Association, under the Central Civil Services (Recognition of Service Associations) Rules, 1993 (Rules), held that the right to form Association is a fundamental right that government servants cannot be excluded from however, the right of recognition of such an Association under the Rules by the Government is not a fundamental right. The DHC, therefore, remanded the matter back to the Government to determine whether the Association will continue being recognized under the Rules.