NEW DELHI: Delhi continued to be a Union Territory despite special provisions inserted via constitutional amendment, and the “services” in Delhi Government come under the control of the Central Government, ruled the Delhi High Court.
The ruling came a fortnight before a five-judge Bench of the Supreme Court is set to take up the vexed dispute between the Centre and the Delhi Government over “services”, The High Court also observed that Delhi, unlike other states, has no public service commission. The posts can be created in the legislative assembly of NCT of Delhi with the approval of the LG, Justice Chandra Dhari Singh said.
Ruling that Delhi continued to be a Union Territory even after the insertion of Article 239AA via the Constitution (69th Amendment) Act, 1991, the Delhi High Court said that “services” under the Delhi Government come under the control of the Central Government. Article 239AA gives Delhi special status among the Union Territories.
Justice Singh said the Delhi Legislative Assembly has no separate secretarial cadre and the Speaker or any authority has no competence to make appointments to the House Secretariat and Article 187 of Constitution of India, which applies to the states for having separate secretarial staff, cannot be made applicable to Delhi which is a Union Territory.
The High Court was hearing a plea of a former Secretary of the Delhi Legislative Assembly Siddharth Rao, who had challenged orders of his termination from service holding all his appointments illegal and relieving him from the post of Secretary.
The Central government argued that the deputation of Rao was made on the non-existent post of OSD and after completion of the probation period as OSD, he was immediately absorbed into the post of Joint Secretary, and immediately within a year, he was given the charge of Secretary with all upgradation in pay scales. It further said that nowhere the approval was taken from competent authority.
It is noteworthy that a Supreme Court Bench had fixed January 10 for commencement of arguments on dispute between the Centre and the Delhi Government over control of “services”, including postings and transfers of senior bureaucrats.
