Rajendra Babu, J. - (1.) This is a matter which ought to have been resolved by respondent No.8 and the appellants and unnecessary litigation is being resorted to by all the parties.
(2.) By the Constitution (7th Amendment) Act, 1956, the States in Part C and Territories in Part D of the First Schedule were replaced by the 'Union Territories', which, under Part II of the First Schedule, as amended, inter alia, include the Union Territory of Delhi. The administration of the Union Territories is carried on by the Union, through an Administrator. As stated by this Court in New Delhi Municipal Committee vs. State of Punjab (1997) 7 SCC 339 the President, who is the executive head of a Union Territory does not function as the head of the Central Government, but as the head of the Union Territory under powers specially vested in him under Article 239 of Constitution thereby occupying a position analogous to that of a Governor in a State. Though the Union Territories are centrally administered under the provisions of Article 239 they do not become merged with the Central Government as has been stated by this Court in Satya Dev Bushahri vs. Padam Dev (1955) 1 SCR 549. However, the Administrator is competent to exercise all powers vested in him by the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992) (hereinafter referred to as 'the Act'). The Administrator functions as a delegate of the President and will have to act under the orders of the President, that is, the Central Government.
(3.) A letter was sent by the Government of National Capital Territory of Delhi (for short 'Government of NCT Delhi') to the Chief Controller of Accounts, Government of India on 7-6-1994 that the Government of NCT Delhi has decided to repatriate all the JAOs/AAOs, who are presently on deputation to that Government from the Ministry of Urban Development and posted in various divisions under PWD/Flood Control Department of that Government. However, to avoid administrative problem they were repatriating 20 such officers in the first phase from 30-6-1994 and the remaining similar officers will be repatriated in phased manner in due course. On 28-6-1994, the Government of NCT Delhi issued an office order indicating that it has been decided that the services of the officers mentioned therein who are working in the Irrigation and Flood Department or Public Works Department (for short 'PWD') were to be placed back at the disposal of the Ministry of Urban Development, Government of India. This order was challenged by an application before the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal').;