V. Kameswar Rao, J
CM APPLs. 52897/2018, 40232/2023 & 40233/2023
1. We have heard Mr. P.S. Patwalia, Sr. Adv. for petitioners, Mrs. Avnish Ahlawat, Standing Counsel for respondent Nos. 3 and 4, Mr. Parag P. Tripathi, Sr. Adv. for applicants in CM Appls. 40232/2023 and 40233/2023 and Mr. Ruchir Mishra, Adv. for UOI / Respondents 1 and 2.
2. On May 25, 2023, this Court had passed the following order:
“Today, Mr. Ruchir Mishra, learned counsel for the respondent UOI has placed before the Court, the Minutes of the Meeting held on May 24, 2023 under the Chairmanship of Joint Secretary (UT), Ministry of Home Affairs, Government of India, wherein three proposals have been explored.
Insofar, as the proposal No. 2 is concerned, according to Mr. Mishra, as per his instructions, the action shall be taken within eight weeks from today as an outer limit.
With regard to proposal Nos. 1 and 3 are concerned, he states, the time limit with regard to the same shall be informed to the Court on the next date of hearing.
Taking the submission of Mr. Ruchir Mishra on record, re-notify the petition for hearing on August 07, 2023.”
3. A status report has been filed by the respondents 1 and 2 through Deputy Secretary, Ministry of Home Affairs.
4. With regard to the proposal no.2, the following has been stated:
“Proposal No.2: The GNCTD will consider to earmark approx. 500 posts with suitable designation in the Grade Pay of Rs. 6600/- (Pay Level 11) within DASS Cadre for the officers who are already drawing the Grade Pay of Rs.6600/- through MACP, along with suitable changes in number of Grade -II, Grade- III & Grade-IV posts. It has been informed by the GNCTD that approx. 300 posts are available in GNCTD and remaining 200 posts will be adjusted through matching-savings or by other appropriate method and as per existing instructions.
Action taken by the Respondent No.3: The Respondent No.1 i.c. Ministry of Home Affairs. vide letter dated 29.05.2023, had requested the Respondent No.3 i.e. Govt. of NCT of Delhi to take immediate steps for processing/implementing the Proposal No.2. Later on, the DANICS Association submitted a representation raising certain issues regarding the minutes dated 24.05.2023. Vide letter dated 13.06.2023, the said representation was forwarded to the GNCTD for examination while taking a decision regarding Proposal No.2. Subsequently, a further meeting was also held on 21.07.2023 with the representatives of the GNCTD to ascertain the action taken on the proposal No.2. The meeting was attended by Secretary (Services), GNCTD and Special Secretary (Vigilance). GNCTD. The representatives of the GNCTD informed that they have identified around 287 posts in the Grade Pay of Rs.6600/- which can be earmarked for DASS Grade-1 officers after completion of due process. In addition, the Govt. of NCT of conducting further exercise to identity posts in public dealing Departments. Further, there are around 128 vacant posts in the Entry Grade of DANICS falling under promotion quota. In the said meeting, the GNCTD was requested to prepare and finalize a concrete proposal for implementation of Proposal No.2, to the extent that is presently possible.
Subsequent process/action pending: The proposal is to be examined and implemented by the Respondent No. 3 i.e. the Govt. of NCT of Delhi. No specific action is pending on part of Respondent No. 1& 2.”
5. From the status report it is noted that the proposal as sent by Ministry of Home Affairs has to be examined and implemented by Govt. of NCT of Delhi.
6. Mrs. Ahlawat, submits that the Govt. of NCT of Delhi with the approval of the Hon’ble Lt. Governor of Delhi has sent a communication dated August 7, 2023 to respondent Nos. 1 and 2 for their consideration and decision.
7. Mr. Ruchir Mishra, Adv. appearing for respondent Nos. 1 and 2 on instructions submits that the said communication has been received. He also submits that a representation has also been received from the DANICS. According to him, a decision shall be taken by the respondent Nos. 1 and 2 within three weeks from today as an outer limit. We take the submission made by Mr. Mishra on record. It is expected that a decision shall be taken by respondent Nos. 1 and 2 within three weeks as an outer limit.
8. Insofar as the proposal nos. 1 and 3 are concerned, though Mr. Mishra submits that a decision in that regard shall be taken by the respondent Nos. 1 and 2 within six months, we are of the considered view that decision on the Proposal Nos. 1 and 3 shall be taken by respondent Nos.1 & 2 within 16 weeks as an outer limit.
9. All the pending applications are closed.
10. We make it clear that we have not expressed ourselves on the merit of the issue raised by the petitioners or for that matter, the issue raised by the applicants in their impleadment applications being CM APPL. 40232/2023 and CM APPL. 40233/2023.
