AAP objects to Delhi LG nod for restructuring DASS cadre

AAP said the LG has “bypassed the Constitutional scheme of governance” by giving his nod to the move, and not routing the plan through the elected government

Services minister Atishi has raised objection to lieutenant governor VK Saxena approving a proposal to restructure the Delhi Administration Subordinate Services (DASS) cadre, alleging that the LG has “bypassed the Constitutional scheme of governance” by giving his nod to the move, and not routing the plan through the elected government.

Services minister Atishi sent a letter dated August 20 to lieutenant governor VK Saxena stating the party’s objections, (PTI)

Saxena on August 19 approved a proposal by Delhi chief secretary Naresh Kumar to restructure the DASS cadre. Officials aware of the matter said the approval has paved the way for the creation of 221 group A posts in the cadre.

Earlier, all DASS group A posts were helmed by Indian Administrative Service (IAS) or Danics officers.

Atishi, in a letter to the LG dated August 20, said, “I must state that this turn of events is extremely unfortunate as your approval is in complete violation of the Constitution Bench judgment dated 11.05.2023, as well as the GNCTD (Amendment) Act, 2023. A joint reading of the judgment and the amendment leaves no ambiguity that in all matters relating to ‘services’ which are outside the purview of the National Capital Civil Services Authority (NCCSA), powers are to be exercised by the elected government of Delhi. Your grant of approval for the restructuring is in excess of powers conferred upon you and a usurpation of powers of the elected government, amounting to gross violation of the Constitution of India.”

The LG’s office did not answer to HT’s queries for a response on the allegation.

DASS, which was constituted in 1967, is largely a clerical cadre in the Delhi government, for which officials are recruited through the Delhi Subordinance Services Selection Board. It has around 10,000 officials, against a sanctioned strength of 12,000.

The restructuring of the cadre was based on recommendations of a three-member committee. It identified 221 group ‘A’ posts, which would be included in DASS cadre. The proposals were submitted to the chief secretary, who forwarded it to the LG.

In her letter, Atishi urged the LG to process the proposal through the council of ministers.

“While this restructuring has been a long-standing demand of the DASS cadre, should there be a legal challenge raised against this order, it will not pass muster for having bypassed the constitutional scheme of governance, and the courts might strike it down. Therefore, I would request you to return this proposal and have it processed through the Council of Ministers...I earnestly hope that you appreciate the gravity of this issue and will adhere to the lawful process and scheme of governance in all future matters,” she said.