DDA can not act against Delhi Development Act; SC

New Delhi, Oct 6 (UNI) In an important ruling having wide ramifications for Delhi Development Authority (DDA), the Supreme Court has held that DDA cannot frame rules in violation of Delhi Development Act 1957 under which DDA was constituted.

The ruling was handed down by the bench comprising Mr Justice S B Sinha and Mr Justice Dalveer Bhandari while setting aside the judgment of Delhi high court dated January 13, 2004 dismissing the writ petition of one Feroz Ahmad who was claiming higher pay scale and seniority after promotion to the rank of Assistant Engineer.

The apex court ruled that a statutory rule cannot be supplemented by an executive order.

Remanding the case back to High Court for considering afresh as the validity of rules was not challenged earlier, the apex court in its judgment dated September 29 requested the court to consider the desirability of disposing of the matter expeditiously and preferably within eight weeks from the date of receipt of the copy of this order.

The appellant had joined DDA as Junior Engineer in August ,1976 and was promoted to the post of Assistant Engineer on March 29, 2001. His representation fo grant of higher pay scale was rejected by DDA.

The top court ruled," Terms and conditions of service of employees of DDA, thus are governed by statutory rules. Rules and regulations are required to be framed in terms of provisions of the statute. Respondents proceeded on the basis that in terms of the rules framed by the DDA, the CPWD rules cease to have any force." The court finally noted," Having regard to the facts and circumstances of this case, we are of the opinion that it is a fit case where an opportunity should be given to appellant to raise the contention as regards the validity and/or constitutionality of the rules. If no rules have validly been framed indisputably the rules prevailing prior thereto shall operate." UNI AKS SC LS RN1439