The central legal point established in the judgment is the authority of the parent department in making decisions on deputation and the importance of following the prescribed selection criteria.

( 1 ) PETITIONERS by this petition seek quashing of list of Junior Engineer (Civil) Annexure P-6, dated 5th February, 2003 at page 66. Petitioners also seek a mandamus that Junior Engineers (Civil) who were selected after interview by MCD (Annexure P-3) be placed on deputation. On 13th May, 2002, DDA had issued a circular regarding temporary filling up the posts of Junior Engineers (Civil) which were lying vacant in the Engineering Wing of General Wing of MCD on deputation basis. The scale of pay was Rs. 5000-8000 plus allowances. The eligibility qualification given was Degree in Civil Engineering or Diploma in Civil Engineering with two years professional experience. The circular invited applications from Junior Engineers (Civil) through proper channel. MCD also requested DDA to nominate 25 Junior Engineers who were not facing any departmental action or police complaints along with their complete biodata and. character rolls and VCR for the last five years.

( 2 ) IN the event, DDA sent biodata of 168 Junior Engineers to MCD. MCD conducted interview on 26th October, 2002 and thereafter issued an office order No. HC-II/engg. /estt/2002 /1510 dated 12th November, 2002. The order reads as under:

"the following officials, working at Jr. Engineer (Civil) in Delhi Development Authority, are hereby appointed to the post of Jr. Engineer (Civil) on deputation basis in the Municipal Corporation of Delhi, in the pay scale of Rs. 5000-8000, with immediate effect initially for a period of one year cr till such time the said posts are filled up by the direct recruitment whichever is earlier, on the usual terms and conditions of deputation. "

( 3 ) THE candidates interviewed and selected by MCD were not released for deputation by DDA instead perusal of the case records and the files of DDA show that the Secretary to the Lt. Governor on instructions from Lt. Governor appears to hava taken the following view:

"for a deputation, it is unnecessary and inappropriate that receptive organization should undertake scrutiny process for the purpose of selectic n. 168 Junior Engineers have expressed their willingness to go to MCD on deputation. Let they be listed serially in alphabetic order. Those figures at 5, 9, 13, etc. may be adopted. Commissioner, MCD may be advised. "

( 4 ) DDA thereupon processed the case and prepared the revised list purporting to be in terms of the directions given by Lt. Governor. During the course of hearing of this petition, a doubt had arisen whether the order had been passed by the Secretary of the Lt. Governor or the Lt. Governor had seen the file and issued the said directions. The case was again put up before the Lt. Governor and an affidavit has been filed by Commissioner (Personnel), DDA that direction dated 1st December, 2002 was issued by Lt. Governor. It also bears his signatures. On 19th August, 2003, following order was passed by Lt. Governor:

"the method of selection I have prescribed to avoid pick and choose at the receiving end. I have received complaints to suggest that the situation at the end of MCD was constrained by approaches from various quarters. "

( 5 ) IT would be seen that controversy whether revised list was prepared at the instance of Secretary to Lt. Governor and not the Lt. Governor does not survive any longer. Respondent claims to have implemented the directions of the Chairman and Administrator and submitted the revised list. MCD had also accepted the said decision and the personnel as per the revised list joined the MCD on deputation. In fact the tenure of deputationists is already over and all the officers have been repatriated back to DDA.

( 6 ) MR. Rajesh Benati, submitted that the grievance of the petitioners is that petitioners had been duly selected by receiving department by following the selection process of interview. However, on account of alleged complaints made to the Lt. Governor which have not been placed on record, their selection has been set at naught. This has