AIR 1969 DELHI 246 ::1969 LAB. I. C. 974

Delhi High Court

Hon'ble Judge(s): Hardayal Hardy, V. S. Deshpande , JJ

(A) Constitution of India , Art.309, Art.258(1), Art.367(1), Art.372, Art.372A, Art.1(3), Art.12, Art.239— Role-making power under Art.309 - Scope - Delhi is not 'State' - Power of President to make rules for central services in Delhi - Power available under proviso to Art.309 - Similar power available for Administrator of Delhi. Delhi Administration Subordinate Ministerial/Executive Service Rules (1967) , R.3— General Clauses Act (10 of 1897) , S.3(58)(b)— Government of Union Territories Act (20 of 1963) , S.55, S.2(1)(h)— The Union Territory of Delhi is not a 'State' and the President has power under proviso to Art. 309 of the Constitution to make rules for central services in Delhi. The Administrator of Delhi, with an express direction to him by the President under that proviso to make such rules. @page-Del247 has similar power.(Para 12 19) R. 3 of the Delhi Administration Subordinate Ministerial/Executive Service Rules constitutes two central civil services for Delhi Administration and it is therefore clear that these Rules deal with services in connection with the affairs of the Union.(Para 12) The definition of 'State' in S.3(58)(b) of the General Clauses Act, adopted under Art 372 by the Adaptation of Laws Order, 1950 can be ....