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6. Mr. S.M. Arif, learned Counsel for the respondents mainly relied upon the letter issued by the DoP&T dated 30.12.2004 wherein it was stated that the employees of Govt. of Delhi could not be regarded as Central Government employees.

7. Therefore, in the aforesaid circumstances, we were addressed to decide as to whether the employees of Govt. NCT, Delhi could still be regarded to have been working under Union Territory.

8. Once the Tribunal comes to hold that the employees of Govt. of NCT, Delhi still could be regarded as employees of the Union Territory, the respondents would be obliged to give age relaxation. In this regard, we have to refer Articles 239AA and 239AB. In Article 239AA, it is stated that the Chief Minister shall be appointed by the President of India and Council of Ministers will be appointed by the President of India on the advice of the Chief Minister, who shall hold office during the pleasure of the President but whatever law is passed by the Legislative Assembly it shall be placed before the President of India for his assent. Under Sub-Clause(8) to Article 239AA, it is stipulated that the provisions of Article 239B shall apply in relation to the National Capital Territory, Delhi as that of Union Territory of Pondicherry. The Lieutenant Governor is regarded as the Administrator. Upon careful perusal of the provision of the Constitution, there appears to have no room for doubt that the Govt. of NCT, Delhi still retains the character of Union Territory. Earlier, such position also appeared for discussion before the Hon'ble Supreme Court in the case of Govt. of NCT, Delhi v. All India Central Civil Accounts JAO's Association and Ors. . The Hon'ble Supreme Court held: