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13. It is submitted that consequent to the approval of Speaker and repatriation of S.K. Sharma, the petitioner was promoted and directed to take over the charge of post of Secretary, DLA with immediate effect vide Order dated 02.12.2002. It is submitted that the Speaker is the head of the Legislative Assembly and this principle finds incorporation in the Constitution of India in the form of Article 187.

27. It is submitted that the powers provided under Article 187 of Constitution of India to the States for having separate secretarial staff are not provided to the National Capital Territory of Delhi which is not a State in terms of Schedule-I, Part-I but is a Union Territory in terms of Schedule-I, Part-II of the Constitution of India. The Article 187, thus, has no applicability to the Legislative Assembly of Union Territory i.e NCT of Delhi. It is submitted that unlike in States, the posts can be created in the Legislative Assembly of NCT of Delhi with the approval of Lt. Governor, Delhi, who is the Competent Authority by virtue of delegation of powers in this regard under Article 309 of the Constitution.

NEUTRAL CITATION NO. 2022/DHC/005855

67. Article 187 of Constitution of India applies to the States for having separate secretarial staff and cannot be made applicable to the National Capital Territory of Delhi which is not a State but is a Union Territory under the Constitution of India. The Article 187, thus, has no applicability to the Legislative Assembly of NCT of Delhi. The posts can be created in Legislative Assembly of NCT of Delhi with the approval of Lt. Governor, Delhi, who is the Competent Authority by virtue of delegation of powers in this regard under Article 309 of the Constitution. As already discussed, the DLA has no separate secretarial cadre and as such, either the Speaker or any authority of the DLA has no competence either to create such a post or to male appointments to such post.

68. In Arguendo, even if it is assumed that Article 187 of the Constitution is applicable to the NCT of Delhi, still as is evident, the Legislature can regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff by making a law and not by executive fiat. Until a provision is made by the Legislature, the Lt. Governor, in such a case, after consultation with the Speaker of the Legislative Assembly, may make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff. Therefore, despite assuming the applicability of the Article 187 to the DLA, the Speaker cannot be said to be vested with powers to make appointments to its Secretariat.