Delhi Services Minister Atishi has objected to the restructuring of DASS cadre by Lieutenant Governor V K Saxena as a "complete violation" of the Supreme Court order and the GNCTD (Amendment) Act, 2023, in the latest flashpoint between the AAP dispensation and Raj Niwas. Earlier this month, the Lieutenant Governor approved the restructuring of the Delhi Administration Subordinate Services (DASS) cadre fulfilling a long pending demand of officials. In her letter to the LG on August 20, Atishi objected to the move, citing the Supreme Court verdict on May 11 and the Government of National Capital Territory of Delhi (GNCTD) Amendment Act, 2023.

"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," she said.

No immediate reaction was available from the LG office over the minister's observations and claims.

The minister stated that the matter came to light through media reports that the LG restructured DASS and created Group A posts in the cadre. A joint reading of the SC judgment and the GNCTD (Amendment) Act 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, Atishi asserted and accused the LG of "usurping" its powers.

"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," she said in the letter to the LG.

The services minister requested the LG to return the proposal so that it is processed through the Council of Ministers, saying it was the appropriate, constitutional and statutory process. Admitting that restructuring of DASS was a long-standing demand, she claimed that the LG's approval may not stand legal scrutiny.

"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.

"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," the AAP minister claimed.

A three-member committee comprising two retired IAS officers S B Shashank and Kulanand Joshi, and Special Secretary (Services) Y V V J Rajasekhar, identified 221 Group 'A' posts to be included in DASS cadre. The proposal was approved by the LG, officials said.

Sources in the government, however, questioned the opposition of the services minister to restructuring of DASS, saying it went against the interests of officials of the government that itself supported it through passing a resolution in the Assembly.

The DASS cadre was not restructured since its formation in 1967 despite several government orders, the Federation of Officers and Employees of DASS Cadre had said welcoming the move. Atishi pointed, in her letter, that the LG was accorded "specific powers" in relation to services matters as per the GNCTD (Amendment) Act, 2023, whereas all other powers in relation to services which have not been conferred on him or the National Capital Civil Services Authority (NCCSA) are to be exercised by the elected government of Delhi.

Meanwhile, the AAP minister on Monday interacted with newly-elected members of Delhi Government Schools’ Student Advisory Boards (SAB) at the Thyagraj Stadium here.

"Before entering politics, I worked as a teacher and often pondered how rote learning impacts students. A student receives 14 years of education, but often struggles to apply the concepts learned to solve real-life challenges.

"The SAB provides students with the opportunity to embrace these challenges and find solutions. While subjects like English, Hindi, Maths, and Science are undoubtedly important, what students are learning about real-life issues through the SAB is even more important," she said.

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