NASAR AHMAD KHAN S/O LATE SRI ABDUL MAJID KHAN Vs. STATE OF UTTARANCHAL THROUGH SECRETARY, PEY JAL AND ORS.

JUDGEMENT

(1.) PETITIONER was a Junior Engineer working under Uttar Pradesh Jal Nigam, a body corporate having perpetual succession constituted by and under U.P. Water Supply and Sewerage Act, 1975. Uttar Pradesh Jal Nigam had establishments at different parts of the State of Uttar Pradesh. One of them was located at Dehradun. Petitioner was working at the establishment of Uttar Pradesh Jal Nigam situated at Dehradun. As on 9th November 2000, when carving out a part of Uttar Pradesh, the State of Uttarakhand was established, Dehradun, the place where the establishment of Uttar Pradesh Jal Nigam was situated and in which the Petitioner was working, fell within the territory of the new State of Uttarakhand.

(2.) IN terms of Section 67 of the Uttar Pradesh Re -organisation Act, 2000, Uttar Pradesh Jal Nigam continued to function and operate. On the records of this writ petition nothing has been brought, which would suggest that the Central Government, as was entitled to, gave any directions in regard to such functioning or operation. Upon the State of Uttarakhand being established, the law enforced in the State of Uttar Pradesh applied to the State of Uttarakhand. Accordingly, the U.P. Water Supply and Sewerage Act, 1975 also applied to the State of Uttarakhand. Section 87 of the Uttar Pradesh Re -organisation Act, 2000 authorised the State of Uttarakhand to adopt any existing law with modifications within two years from the date of establishment of the State of Uttarakhand. The State of Uttarakhand by the Uttaranchal (the Uttar Pradesh Water Supply and Sewerage Act, 1975) Adaptation and Modification Order, 2002 adopted the Uttar Pradesh Water Supply and Sewerage Act, 1975 with certain modifications. By modifying Section 3 of the U.P. Water Supply and Sewerage Act, 1975, it established the Uttaranchal Pay Jal Sansadhan Vikas Avam Nirman Nigam. It also modified Section 37(1) of the Uttar Pradesh Water Supply and Sewerage Act, 1975. In terms thereof, the modified Section 37(1) of the Uttar Pradesh Water Supply and Sewerage Act, 1975 stood for our purpose as follows:

(3.) BY an order dated 30th September, 2005 Petitioner was relieved, so as to enable him to join Uttar Pradesh Jal Nigam. Petitioner filed a representation against the said relieving order. That was decided by an order dated 14th November, 2005. In that, it was contended that since Petitioner did not belong to Hill Sub -Cadre and since he did not opt for Uttaranchal Pay Jal Sansadhan Vikas Avam Nirman Nigam, he being not an employee of Uttaranchal Pay Jal Sansadhan Vikas Avam Nirman Nigam, he cannot be permitted to continue to work at Uttaranchal Pay Jal Sansadhan Vikas Avam Nirman Nigam.