### Lieutenant Governor’s Authority to Frame Service Rules and Create Group 'A' Posts Under Article 309 SUMMARY OF THE JUDGMENT I. Core Legal Issue Whether the Lieutenant Governor (LG) of Delhi is competent to frame recruitment rules for the DASS cadre and create Group ‘A’ posts therein following the 19.05.2023 amendment to the GNCTD Act. II. Background and Facts * Conflict: DANICS officers (Petitioners) challenged the restructuring of the Delhi Administrative Subordinate Secretariat Service (DASS/GNCTDSS), which abolished approximately 217 ex-cadre posts to create a new "Senior Scale" (Level-11) within the DASS cadre. * Petitioner’s Argument: Following the GNCTD (Amendment) Act, 2023 (Section 45C), only the Central Government retains the power to make rules. They claimed the LG lacked competence and that the new posts encroached upon the DANICS promotional quota. * Respondents' Argument: The DASS cadre suffered from extreme stagnation (17 years without review). The posts created were "non-DANICS/non-IAS" ex-cadre posts. The LG acted as a delegate of the President under Article 309. III. Court’s Analysis and Observations * Constitutional Authority: Under the proviso to Article 309, the President or his authorized representative (the LG) is empowered to frame rules in the absence of specific legislation. Rules framed by the LG occupy the field until displaced by an enactment of a competent legislature. * Administrative Prerogative: Matters concerning the creation or abolition of posts and cadre restructuring fall within the exclusive domain of the executive. Judicial interference is warranted only in cases of clear arbitrariness or mala fides, which were not evidenced here. * MHA Non-Objection: The Ministry of Home Affairs (MHA) had expressly conveyed a "No Objection" for the creation of these posts, effectively providing the sanction of the Central Government. * Impact on DANICS: The Court noted that the posts being encadred into DASS were never formally part of the DANICS cadre; thus, no vested rights of the petitioners were violated. IV. Conclusion and Ruling The Court declined to stay the ongoing Departmental Promotion Committee (DPC) proceedings. It held that the LG is legally competent to frame recruitment rules and that the restructuring was a valid exercise of policy reached after administrative necessity. V. Interim Direction The DPC scheduled for June 12, 2026, was allowed to proceed. However, any consequential promotion orders are subject to the final outcome of the writ petitions, and promoted officers must provide an undertaking that they will not claim equity if the petitions succeed.

The Petitioners, direct recruits of the DANICS cadre (2020-22), challenged an order dated 16.02.2026 passed by the Central Administrative Tribunal (CAT).

The CAT had upheld the GNCTD Subordinate Service (Second Amendment) Rules, 2024, which abolished 217 posts previously manned by DANICS/IAS officers to create 217 "Senior Scale" Group 'A' posts in the DASS (now GNCTDSS) cadre.

The Petitioners argued that these posts were equivalent to DANICS posts and that their encadrement in DASS violated statutory Recruitment Rules and stalled DANICS cadre reviews.

The Respondents contended that these were non-encadred "ex-cadre" posts and the restructuring was necessary to remove stagnation in the DASS cadre.

The current applications sought a stay on the Departmental Promotion Committee (DPC) scheduled for 12.06.2026.

1. Whether the Hon'ble Lieutenant Governor of Delhi is competent to frame recruitment rules for the DASS cadre and create Group 'A' posts post the 2023 Amendment to the GNCTD Act.

2. Whether the Petitioners are entitled to an interim stay on the operation of the GNCTDSS Rules, 2024, and the DPC for Senior Scale posts during the pendency of the writ petition.

Proviso to Article 309 of the Constitution of India, which empowers the President or his delegate (the Lt. Governor) to frame rules for services in Union Territories in the absence of legislative enactment.

The creation, abolition, and restructuring of cadres are matters of executive policy beyond judicial interference unless shown to be arbitrary or mala fide (P.U. Joshi v. Accountant General Ahmedabad).

Section 45C of the GNCTD (Amendment) Act, 2023, regarding the powers of the Central Government in service matters of Delhi.

The Court observed that the Lt. Governor acted as a delegate of the President under Article 309, fillng a legislative vacuum since the GNCTD legislature had not enacted laws governing DASS service conditions.

Regarding the abolition of DANICS-equivalent posts, the Court noted that the Petitioners failed to produce evidence that the 217 posts in question were ever officially encadred within the DANICS cadre; they were "ex-cadre" posts manned by DANICS officers without statutory authority.

The Court found that the Ministry of Home Affairs (MHA) had issued a "No Objection Certificate" (NOC) for this restructuring, indicating the Central Government's approval.

Given that the creation of posts is an executive prerogative to address administrative stagnation, the Court found no prima facie illegality.

To balance equities, the Court determined that the DPC should proceed while making the outcomes contingent on the final writ result.

Any promotion orders issued must include an undertaking from the promotees that their appointments are subject to the final outcome of the writ petitions and that they may be reverted without claiming equities.