JAGDISH N SEJPAL Vs. V M KOTHARI

JUDGEMENT

(1.) The main matter is Spl. Civil Application No.7560 of 1988. It is a representative petition. The petitioner association of 700 employees challenge the status of 161 employees represented by respondent no. 5 - association. 161 are senior to 700 in the common seniority list. These 161 are the persons who were working in Public Health Engineering Wing one of the three wings of Public Works Department. It was separated. Thereafter the other two wings i.e. (i) Roads and Buildings (Buildings and Communication) and (ii) Irrigation were separated. At the time of separation of these two wings in 1978-79 the employees were asked to give their options in favour of either Irrigation or Road and Buildings. The Government was not bound to accept their options. These 161 employees though working in Public Health Engineering (Health and Family Welfare Department) gave options for either Irrigation or Road and Buildings Department. It was realised that the employees of Public Health Engineering were not given the option to remain in Public Health Engineering. Therefore subsequently revised options were called within a very very short time. These 161 employees have not given or could not give revised options. while finalising the options the Government seems not to have accepted the original options of these 161 employees who were working in Public Health Engineering and the Government has while rejecting their options allocated them to Health Department in March 1979. By the same allocation orders the group of 700 petitioners was also allocated to Health Department. Thus they were the existing officers and servants in the organisation functioning for the purpose of providing water supply and sewerage services as a wing of Health and family Welfare Department of the Government of Gujarat. 1.2 After the commencement of the Gujarat water supply and Sewerage Board Act 1978 and constitution of the Board the Government (Health and Family Welfare Department) transferred all the functions and duties of the Public Health Engineering wing to the Board. All these employees were also to be transferred to the Board and have been transferred to the Board. 1.3 According to the petitioners ( the group of 700 these 161 employees (members of respdt no.5-association) had opted for Irrigation or R and B. Deptt. and the Govt. had accepted their options and they should be transferred to those departments in Government and they have no place and no right in Public Health Department and they cannot be transferred and absorted in the Board. Therefore the simple question is whether the Government action of transferring them to the Board is valid. 1.4 This group of petitions is a triangular contest of employees having conflicting interests. This group of petitions arises on account of transfer of functions duties and employees of the State Government to the newly constituted Gujarat water supply and Sewerage Board (hereinafter referred to asthe Board) constituted under the Gujarat Water Supply and Sewerage Board Act 1978 Three contesting group of employees are as under : (1): Special Civil Application No. 7560 of 1988: The petitioner is an association of 700 employees of the Government who have been transferred and permanently absorbed in the Board on February 10 1988 with effect from April 1 1981 Their grievance is against the respondent no.5 an association of other group of 161 employees of the Government who have also been similarly transferred and absorbed in the Board. According to the group of 700 they (161) could not have been transferred and absorbed in the Board. (2): Special Civil Application Nos. 2807 2808 4343 4345 4354 of 1984. Special Civil Application No. 4175 of 1988. These petitions are by 32 employees of the group of 161 persons who have been transferred and absorbed in the Board by the same order dated February 10 1988 with effect from April 1 1981 but it is subject to a rider that their transfer to the Board is provisional. Out of this group there is a sub group of 30 employees petitioners in five petitions. (3): Special Civil Applications No. 658 of 1986 and 3711 of 1987. According to this group of employees ( who are directly appointed in the Board after April 1 1981 all the transferred 700+161 employees were on deputation from 1981 to 1988 and they cannot be given any seniority or promotion in the Board above the existing employees of the Board on the date of their transfer and absorption in the Board.

(2.) The multiplicity of these proceedings orders therein and on interlocutary applications initially seemed to create a lot of confusion. However when all facts have been gone through the picture-that emerges is clear and simple.

(3.) Prior to 1964 Public Works Department consisted of three wings namely (i) Irrigation (ii) Road and Buildings and (iii) Public Health with common seniority. By Government resolution dated October 8 1964 Public Health Engineering Wing was separated with effect from October 12 1964 and was placed under the Health Department and was renamed as Public Health Department which later on became Health and Family Planning Department and still later Health and Family Welfare Department. The Engineering staff of Public Health Engineering Wing was allocated to Health Department and was separated from P.W.D. and separate seniority and separate cadre of Engineering staff was created in the Health Department. However no gazetted ministerial staff working in Public Health Engineering wing continued to be administered by Public Works Department and common seniority of non gazetted ministerial staff continued even after October 12 1964