Lt. Governor competent to frame recruitment rules for UT subordinate services under Article 309 proviso; cadre restructuring/abolition of posts is executive policy not amenable to judicial review absent arbitrariness or statutory violation.

ORDER 

Hon’ble Mr. Rajinder Kashyap, Member (A):

Since the issues involved in the present OAs are identical and arise out of a common set of facts, with the consent of the learned counsel appearing for the parties, both the O.A.s are taken up together and disposed of by way of this common Order. For the sake of convenience and clarity in the narration of facts and adjudication of the issues involved, with the consent of the learned counsel for the parties, O.A. No.4107/2023 is treated as the lead case and the facts therein are being referred to for the purpose of this common Order.

2. The grievance of the applicants is against the action of the respondents in abolishing nearly 221 posts meant for DANICS & IAS cadre, just to make available the said 221 posts to Delhi Administrative Subordinate Services (in short 'DASS'), in violation of the statutory Recruitment Rules and without following the due procedure as prescribed for the purpose of abolition/creation of Group ‘A’ posts, which were to be created with the approval of the competent authority, and further in violation of the guidelines prescribed by the Department of Personnel and Training (in short 'DoP&T'), Government of India vide OM dated 30.09.2022 and Department of Expenditure, Ministry of Finance, Government of India vide OM dated 12.04.2017. The said action of the respondents amounts to taking away the said posts in Delhi Government without taking into consideration the impact of such decision on Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman & Diu and Dadra and Nagar Haveli Civil Service (in short 'DANICS') itself, which was created way back in the year 1962 by the Union of India to make available suitable officers through the Civil Services Examination conducted by UPSC.

2.1 The applicants are further aggrieved by denial of the principles of natural justice, inasmuch as the respondents have taken the above decision without even affording an opportunity of personal hearing and without addressing the grievances/concerns raised by the applicants vide representations dated 01.06.2023, 12.06.2023 and 15.09.2023, vide impugned letter/decisions dated 07.08.2023 (Annexure A-1) and dated 24.08.2023 (Annexure A-2).

3. By filing O.A. No.4107/2023, the applicants have sought the following reliefs:-

"(i) To declare the action of the respondents in creating Parallel State Civil Service to DANICS by encadring the Group A posts of DANICS / applicants and IAS into DASS cadre; thereby making DANICS itself redundant in Delhi, as illegal and unconstitutional and direct the respondents not to create Group A Posts for DASS officers outside DANICS.

(ii) To quash and set aside the impugned letters /decisions dated 07.08.2023 and 24.08.2023 and direct the respondents not to abolish / shift Group 'A' posts as mentioned in letters dated 07.08.2023 and 24.08.2023 as these posts are meant for encadrement into DANICS/ applicants & IAS Cadre;

(iii) To declare the action of respondents in creating Group 'A' posts outside DANICS, for promotion of DASS Grade I officials without following the due procedure laid down by DoPT vide OM dated 30.09.2022 and without approval of Hon'ble President of India as illegal.

(iv) To direct the respondents to take decision with regard to creation of Group 'A' posts /encadrement of the same in appropriate service as per the recommendations of Dr. M.M. Kutty Committee constituted by MHA with the approval of Hon'ble Home Minister, Govt. of India and grant consequential benefits to applicants.

(v) To allow the OA with cost.

(vi) To pass any such other order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."

3.1 By filing O.A. No.474/2025 under Section 19 of the Administrative Tribunals Act, 1985, the applicants have sought the following reliefs:

"(i) T