Research › Search › Judgment

Delhi High Court · body

2006 DIGILAW 320 (DEL)

DEVINDER KUMAR v. DELHI DEVELOPMENT ACT

2006-02-20

S.RAVINDRA BHAT

body2006
S. RAVINDRA BHAT, J. ( 1 ) THE writ petitioners in these proceedings seek a direction that there was no amendment in the recruitment rules, for appointment to Assistants, in the respondent (hereafter "dda"), requiring those in the feeder cadre of Upper division Clerks (UDC) to qualify in a written test; they also seek a declaration that the amendment introduced through the resolution no 135/96 is contrary to provisions of the Delhi Development Act, 1957 (hereafter called "the Act" ). ( 2 ) THE petitioners were appointed to DDA as Lower Division Clerks (LDC) in 1976; they had qualified in an examination held in 1975. Both were promoted as UDCs in 1981, and they have been working ever since in that post. Both the petitioners had originally sought for promotion as Assistants, when they approached the court, in 2000; they were promoted to that post in 2003. ( 3 ) IT is the common case of the parties that in the year 1992, certain regulations were formulated, and approved, by resolution No. 102/92. They were styled as "proposed recruitment rules"; they provided, inter alia, that the post of Assistants was to be filled in the following manner:-"promotion 1. 50% of the post shall be filled from such of the UDCs, who are graduates and have put in five years of service in the grad. 2. 50% of the posts shall be filled up from such of the UDCs, who have put in 8 years of regular service in the grade. TRANSFER ON DEPUTATION. Officials holding analogous posts under the Government of India/delhi administration" ( 4 ) IT is averted that the Recruitment Rules were "alleged to be amended" by the dda, through Resolution No. 135/96. The material part of the impugned regulations are as under:- "x X X X X X assistants (Rs. 1640-2900) i) 50% by way of promotion from UDCs having 5 years service. ii) 50% by way of departmental examination from UDCs with 5 years service. " ( 5 ) A committee, known as "tikoo COMMITTEE" was constituted to recommend on Cadre Review in the D. D. A s. The report of the Tikoo Committee dated 22. 08. 1997 was sent to Central Government on 16. 11. 1998. The approval of the central Government to the report was communicated to the D. D. A. by vide letter dated 23. 02. 1999. 08. 1997 was sent to Central Government on 16. 11. 1998. The approval of the central Government to the report was communicated to the D. D. A. by vide letter dated 23. 02. 1999. The petitioners allege that the recruitment regulations, which were in existence prior to the amendments were considered by the Tikoo Committee and duly recommended to the D. D. A. to the Central government for acceptance; the central Government accepted the same. The petitioners allege that in the said recommendations there is no mention of the written test. Reliance is placed on the approval of the Central Government, which was reproduced as under:-"d. D. A. has 251 posts of Assistants Accepted. Since the against a total of 1134 posts of UDCs, posts of UDCs will be i. e. in the ratio of 1:5. As per practice being followed in the Central secretariat, the ratio of the posts of Assistants and UDCs should be 1:2. In d. D. A. there is acute stagnation in the Cadre of UDCs and more than 1/3rd of the udcs are stagnating without promotion even after completing double the qualifying service. An attempt should be made ultimately to come to a stage where the number of posts of Asstts. are roughly 50% of the posts of UDCs. The committee recommends that, for the present, the ratio should be fixed as 33% of the post of UDCs. Since the posts of UDCs will be 1254, the Committee recommended that the strength of the cadre of Asstt. should be fixed at 418. "1253, the strength of the Cadre of Assistants may be fixed at 417. "as per RRs for the post of Asstts, 50% of the posts are to be filled up from such of the UDCs who are graduates and have put in five Years regular service in the grade and the remaining 50% of the posts are to be filled up from UDCs who have put in 8 years of regular service in the grade. The RRs also provides for appointment by transfer on deputation. The RRs should be in line with the rrs in the Central Sectt. They have already been given the same pay scale earlier. The Committee recommends that the existing provision which permits transfer on deputation on the post of Asstts. should be deleted because there is no justification for bringing officers on deputation on these posts. The RRs should be in line with the rrs in the Central Sectt. They have already been given the same pay scale earlier. The Committee recommends that the existing provision which permits transfer on deputation on the post of Asstts. should be deleted because there is no justification for bringing officers on deputation on these posts. Accepted ( 6 ) THE petitioners allege that Resolution No. 135/1996 cannot amend the recruitment Regulations to the post of Assistants and introduce a quota for limited Departmental Examination. It is alleged that the procedure envisaged in section-57 and 58 of the Delhi Development Act, for amendment of the Regulations has not been followed. ( 7 ) IT is alleged that the effect of the approval of the Central Government to the recommendations of the Tikoo Committee, vis-a-vis the Resolution no. 135/96, is only in respect of the pay-scales, the agenda (for the resolution) is only in respect of the revision of pay-scales, the discussion relates only to the revision of pay-scales; the petitioners also allege that at no point of time did DDA discuss and take an informed decision to introduce the written test. ( 8 ) THE Petitioners have placed before the Court the amendments/modifications to the Recruitment Regulations carried to the recruitment Regulations; they allege that from a perusal of the same it would be seen that an Agenda Item, was prepared on the basis of the discussions in the file. It is stated that the Recruitment Regulations have not been amended vide resolution No. 135/96 and what has been approved by the Central Government is the existing Recruitment Regulations, vis.- 1. 50% of the posts shall be filled up from such of the UDCs, who are graduates and have put in five years of regular service in the grade. 2. 50% of the posts shall be filed up from such of the UDCs, who have put in 8 years of regular service in the grade. ( 9 ) THE petitioners also allege that there was no acceptance of the Recruitment regulations with the written test by the Central Government in terms of the requirement of Section 57 and 58 of the Delhi Development Act. The procedure in the amendment to the Recruitment Regulations has to be the same procedure, which is required for the purposes of the formulation of the Recruitment Regulations. The procedure in the amendment to the Recruitment Regulations has to be the same procedure, which is required for the purposes of the formulation of the Recruitment Regulations. The Respondent authority has not followed the said procedure. ( 10 ) DURING pendancy of these proceedings, the DDA notified, in the Gazette notification, in 2004, the amendments approved by resolution 135/96. The petitioners allege that this has no relevance, as it was not issued with prior approval of the Central Government as per Sections 57 and 58 of the Delhi development Act, moreover, the Resolution No. 135/96 was not placed before the central Government for its approval or before the Parliament, as envisaged under section 57 and 58 of the Delhi Development Act. Further, what has been approved is the Recruitment Regulations, as above. ( 11 ) THE DDA has refuted the allegations in the petition, and averred that the resolution is in consonance with the provisions of the Act. It is also alleged that the Tikoo Committee recommended, apart from the revision in pay scales, that recruitment norms for the post of Assistants ought to be in line with the central Government pattern, where a certain quota has been earmarked for departmental examinations. It is also alleged that the Committee had recommended that the cadre strength of Assistants be increased from 251, to 417, which was done. ( 12 ) IT is also alleged that pursuant to the recommendations, which were accepted by the resolution No. 135/96, an order was issued on 14-5-1997, notifying the change, and introducing the quota for departmental examinees. ( 13 ) THE DDA has also refuted allegations that the documents placed in the meeting leading to the resolutions did not contain the proposal to introduce the 50% examination quota. It is averred that the proposal was contained in the annexures, and it denies that there was any replacement of the annexures, as alleged by the petitioners. The DDA also alleges that the proposal of the Tikoo committee was approved by the Central Government. ( 14 ) BOTH parties have produced copies of the DDA"s agenda, for the resolution (No. 135/96 ). The DDA produced the record. The material portion of the Agenda, and the Resolution, reads as follows:"a-6. 9. 96 Sub: Revision of pay scales on the pattern of Govt. ( 14 ) BOTH parties have produced copies of the DDA"s agenda, for the resolution (No. 135/96 ). The DDA produced the record. The material portion of the Agenda, and the Resolution, reads as follows:"a-6. 9. 96 Sub: Revision of pay scales on the pattern of Govt. of India f. No. F. 1 (1)95/pb-III p R E C I S a. xxx xxx xxx b. xxx xxx xxx c. Assistants dda s Assistants are in the pay scale of Rs. 1400-2300/- whereas, assistants in the Government, have been in the pay scale of Rs. 1400-2600/- after the 4th Pay commission Report. Pay-scale of Assistants has been revised in the Govt. vide o. M. No. 2/1/90-CS IV dated 31. 7. 90 to Rs. 1640-2900/- w. e. f. 1. 1. 86 (Appendix a page 5-6 ). Qualifications for promotion as Assistants in DDA are the same as for promotions in the Government UDCs in DDA become eligible for promotion as Assistants after 8 years, whereas, period prescribed for similar promotions in the Govt. is 5 years. It is, therefore, proposed to bring DDA s assistants at par with those in the Government and give them the scale of rs. 1640-2900/ -. 4. Comparison of the existing and the proposed pay-scales in DDA vis-a-vis the pay scales in Govt. of India is given in (Appen. b and c , pages 7 and 8 ). Proposals given in para 3 and in columns 3 of Appen. b and c are submitted for kind approval of the Authority. These scales are proposed to be given w. e. f. 1. 1. 96. R E S O L U T I O N resolved as follows: i)Proposals contained in para 4of the Agenda item be approved; ii)Recruitment Regulations of these posts shall stand amend accordingly. " ( 15 ) THE relevant portion of the Central Government"s letter referred to in the agenda, reads as follows:"new Delhi, Dated the 31st July, 1990 office MEMORANDUM subject: Revision of Scale of Pay of Assistant Grade of Central secretariat Service and Grade c Stenographers of Central Secretariat stenographers Service -00000- the undersigned is directed to say that the question regarding revision of scale of pay for the post of Assistants in the Central Secretariat etc. , has been under consideration of the Government in terms of order dated 23rd May, 1989 in OA No. 1538/87 by the Central Administrative Tribunal, Principal Bench, new Delhi for some time past. The President is now pleased to prescribe the revised scale of Rs. 1640-60-2600-EB-75-2900 for the pre-revised scale Rs. 425-15- 500-EB-15-560-20-700-EB-25-800 for duty posts included in the Assistant Grade of central Secretariat Service and Grade c Stenographers of Central Secretariat stenographers Service with effect from 1. 1. 1986. The same revised pay scale will also be applicable to Assistants and Stenographers in other Organisations like Ministry of External Affairs which are not participating in the Central secretariat Service and Central Secretariat Stenographers Service but where the posts are in comparable grades with same classification and pay scales and the method of recruitment through Open Competitive Examination is also the same. 2. Pay of the Assistants and Grade c Stenographers in position as on 1. 1. 1986, shall be fixed in terms of Central Civil Service (Revised Pay) Rules 1986. The employees concerned shall be given option to opt for the revised scale of pay from 1. 1. 1986 or subsequent date in terms of Rule 5 ibid, read with ministry of Finance O. M. No. 7 (52)-E. III/86 dated 22. 12. 1986 and 27. 5. 1988 in the form appended to Second Schedule of the rule ibid. This option should be exercised within three months of the date of issue of this O. M. The option once exercised shall be final. 3. Formal amendment to CSS (RP) Rules, 1986 will be issued in due course. 4. This issues with the concurrence of Ministry of Finance, (Department of expenditure) vide their U. O. No. 7 (43)/ic/89 dt. 30. 7. 90. " ( 16 ) THE letter dated 19th March 1986, which is also found along with the resolution, and has been produced is as follows:"sub: Proposal for revision of pay scale of Grade-I Officers of DASS cadre. Sir, i am directed to refer to Government of NCT of Delhi s letter No. F. 55/29/91- s. I. Dated 12. 1. 96 on the above mentioned subject and to convey the approval of the Central Government for revising the pay scale of Grade-I Officers of Delhi administration Subordinate Service from Rs. 1640-2900/- to Rs. 2000-3200/- from the date of issue of this sanction order. 2. 1. 96 on the above mentioned subject and to convey the approval of the Central Government for revising the pay scale of Grade-I Officers of Delhi administration Subordinate Service from Rs. 1640-2900/- to Rs. 2000-3200/- from the date of issue of this sanction order. 2. The expenditure involved will be met out of the budget grant of the govt. of NCT of Delhi and no assistance would be provided by the Central government for meeting the expenditure on account of revision of this pay scale. 3. This issues with the approval of the Integrated Finance Division of this Ministry vide their Dy. No. 636/96-Fin-I (US) dated the 15th March, 1996 read with Ministry of Finance, Deptt. Of Expenditure s Dy. No. 5 (40)/e-III/95 dated 14. 3. 96. " ( 17 ) THE Appendix "c" to the resolution in question, reads as follows: