S ARUNACHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners joined the Tamil Nadu Water Supply and Drainage Board (hereinafter referred to as the Board) as Junior-Engineers. At the time the petitioners joined the service of the Board, the respondents were employees of the Board. It may be noted that the Board was constituted in the year 1971. Section 30 of the Tamil Nadu Water Supply and Drainage Board Act, 1970 (hereinafter referred to as the Act) provides that every person who immediately before the notified date is serving in connection with the affairs of the Department of Public Health Engineering and Municipal Works including the office of the Chief Engineer (Public Health Engineering and Municipal Works) under the Government shall as from that date be deemed to have been allotted to serve in connection with the affairs of the Board and shall cease to be an employee of the Government, subject to two provisos with which we are not concerned. Section 31 of the Act provides that as soon as may be after the notified date, the Government may after consulting the Board direct by general or special order that such of the employees other than those employees referred to in section 30 serving, immediately before the said date in connection with, the affairs of the state as are specified in such order shall stand allotted to serve in connection with the affairs of the Board with effect on and from such date as may be specified in such order. We are not concerned with the proviso. Section 31 (b) of the Act provides that with effect on and from the date specified in the order under clause (a) the persons specified in such order shall become employees of the Board and shall cease to be employees of the Government.

(2.) ON 6th January, 1977, the Government issued G.O. Ms. No. 32, Rural Development and Local Administration Department. By the said Government Order, respondents 3 to 8 were transferred to the control of the Board. The Government Order further stated that the said respondents shall stand allotted to serve in connection with the affairs of the Board with effect on and from 19th March, 1973.

(3.) THE transfer and allotment of respondents 3 to 8 to the service of the Board has been specifically made under section 31 of the Act. THE specified date is 19th March, 1973. In the circumstances, it goes without saying that the petitioners are entitled to claim seniority over respondents 3 to 8.