DORAISWAMY RAJU, S.RAJENDRA BABU
Government Of National Capital Territory, Delhi – Appellant
Versus
All India Central Civil Accounts, Jaos Association – Respondent
JUDGMENT
Rajendra Babu, J.-This is a matter which ought to have been resolved by respondent No. 8 and the appellants and unnecessary litigation is being resorted to by all the parties.
2. By the Constitution (7th Amendment) Act, 1956, the States in Part C and Territories in Part D of the First Schedule were replaced by the Union Territories , which, under Part II of the First Schedule, as amended, inter alia, include the Union Territory of Delhi. The administration of the Union Territories is carried on by the Union, through an Administrator. As stated by this Court in New Delhi Municipal Committee v. State of Punjab1, the President, who is the executive head of a Union Territory does not function as the head of the Central Government, but as the head of the Union Territory under powers specially vested in him under Article 239 of the Constitution thereby occupying a position analogous to that of a Governor in a State. Though the Union Territories are centrally administered under the provisions of Article 239 they do not become merged with the Central Government as has been stated by this Court in Satya Dev Bushahri v. Padam Dev & Ors.2. However, the Administrator is competent t
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