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rajivpathak
09-11-2009, 08:11 PM
STATUS OF MUNICIPAL CORPORATION OF DELHI. (MCD) AND ITS EMPLOYEES.

(a).Whether the Municipal Corporation of Delhi is a :-
(a).“Central Government office”.
(b). “State Government” office.
(c). “LOCAL BODY” and can be classified under the category of offices “OTHER GOVERNMENTS” under the State Government of Delhi.

(d).Whether the LDC employees of MCD of Delhi can be recruited on deputation basis as Accountants in any of the Pay and Accounts Offices in a Central Government office in Delhi. What is the Rule position.

(e).If the recruitment rules issued in 2000 by the O/o The CGA for recruitment of Accountants in Pay and Accounts Offices mentions that an LDC employee can be recruited on deputation basis as Accountants in any Pay and Accounts Offices under the Central Union Ministries by taking persons of appropriate grade from “Other Organized Accounts Services and Government departments”.

Whether the MCD employee is eligible for recruitment in the Central Government offices / departments and get absorbed as Accountant in any of the Pay and Accounts Offices under a Central Government Ministry.

If the recruitment rules issued by the O/o The CGA for recruitment of Accountants in Pay and Accounts Offices mentions that an LDC employee can be recruited on Deputation basis, if he belongs to the “Other Organised services, Central and State Government departments”. (included with the issue of the new amendments in the Recruitment Rules for Accountants vide the publication of The Gazettee of India - No.27,dated 16-01-2008 were included in the recruitment rules )
.OR
If he belongs to the “Central Government, State Government or Autonomous Bodies which are fully funded by the Central Government or State Government”.(further included in the Recruitment Rules with the publication of another
Gazettee of India Order No.251,dated.29-04-2009 for Accountants issued by the O/o The The Controller General of Accounts, Ministry of Finance, Department of Expenditure Lok Nayak Bhawan, Khan Market, New Delhi).

Whether the MCD employee is eligible for recruitment in the Central Government offices/departments and get absorbed as Accountant in any of the Pay and Accounts Offices under a Central Government Ministry.

(e). A reference is submitted of a Supreme Court case of Appeal No:-(civil) 2294-2329 of 2008 where the Hon`ble Court has declared that an Employee of Municipal Corporation of Delhi has been declared ineligible for Recruitment in Government Service as he is not a Government Employee under the provisions of Article 309 to 311 of the Indian Constitution.

In view of the details mentioned above, what is the legal position in the matter. Kindly advice.Whether the MCD employee is eligible for recruitment in the Central Government offices/departments and get absorbed as Accountant in any of the
Pay and Accounts Offices under a Central Government Ministry.

Gopal Krishan
25-06-2012, 08:02 AM
Dear Rajiv,
The employees are not Central Government employees. They are employees of the statutory body created by an ACT of Parliament. As such that body can have its own reules and regulations governing service conditions of its employees.

With regards,