Delhi Govt. Officers And Employees Federation And Ors vs Secretary And Ors

A.K. Bishnoi, Member (A)

The applicants in the present OA have sought the following reliefs:-

"(i) To quash the proposed induction of the applicant officers against Entry Grade of DANICS till the respondent no. 1 & 2 implement the recommendations of the Committee constituted by Hon'ble Lt. Governor of Delhi relating to restructuring of DASS cadre and placement of Grade 1 officers upon their induction into DANICS at selection grade;

OR

In the alternative, direct the respondents no. 1 & 2 to consider their length of service as ad-hoc basis for the purpose of seniority and other consequential benefits as directed by Hon'ble Apex Court in the matter of Harish Chandra Bhatia 1995 SCC (2) 48 (Annexure A-17).

(ii) To direct the Respondent No.2 to implement the decision taken by the Cabinet on 31.12.2015 relating to restructuring of DASS cadre and its de-linking with DANICS cadre.

(iii) May also pass any further order(s), direction(s) as be deemed just and proper to meet the ends of justice".

1.1 The applicants have also sought an interim order as under:-

"To stay the proposed induction of the applicant officers against Entry Grade of DANICS till the respondent no. 1 & 2 implement the recommendation of the Committee constituted by Hon'ble Lt. Governor of Delhi relating to restructuring of DASS cadre and placement of Grade 1 officers upon their induction into DANICS at substantive GP of Rs.6600 in PB-3".

1.2 We have heard learned counsel for the applicants and learned counsel for respondents.

1.3 The interim order which has been prayed for is on the same lines as the relief sought in the OA itself. The examination of the justification for the interim relief would necessarily involve going into the factors on which the main relief is sought in the OA. As it is not reasonably possible to address these two separately and independently, we shall take the matter in its entirety and decide the main OA itself.

The applicants belong to Delhi Administration Subordinate Service (DASS), which is a feeder cadre for the National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Service (DANICS) under the appropriate rules. The Cadre Controlling Authority for DANICS is Ministry of Home Affairs, Govt. of India.

2.1 DANICS as a service extends to many jurisdictions including Delhi and in the matter agitated through the present OA the decision making authority is the Govt. of India. The issues of restructuring of DASS cadre, the process of induction of members of DASS into DANICS and determination of seniority on induction are of a highly complex nature requiring a holistic view with careful, well considered balance between administrative needs and demands of equity regarding different stake holders. We feel that it is a matter which is in the realm of formulation of policy which should be best left to the competence of the executive authority to work on. It is not something that warrants judicial intervention.

In the light of the above, without going into the merits of the case, the OA is dismissed.