VIRENDRA KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS in the present writ petitions are Junior Engineer/Water Works Engineer of Jal Sansthan, Jhansi. Petitioner are assailing before this Court transfer order dated 28-7-2006 transferring the petitioner from Jal Sansthan Jhansi to different Nagar Palikas.

(2.) COMMON and identical question of law and fact being in each one of the writ petition as such all the writ petitions are being taken up together and as such Civil Misc. Writ Petition 42661 of 2006 is being treated as leading writ petition.

(3.) FIRST argument which has been raised by Sri R.L. Sharma, Advocate qua the competence of the State Government to pass order of transfer is being looked into. At this juncture Section 27 (A) of U.P. Water Supply and Sewerage Act, 1975 are being quoted below: "27-A. Centralisation of service.-(1) Notwithstanding anything contained in Section 27 or in any other provision of the Act, the State Government may at any time, by rules, provide for the creation of one or more services of such officers and servants as the State Government may deem fit common to Jal Sansthans or to the Jal Sansthans, Nagar Mahapalikas and Nagarpalikas in the State and prescribe the method of recruitment and conditions of service of persons appointed to any such service. (2) Where any such service in created, employees serving on the posts included in the service as well as, officers and servants performing duties and functions of those posts may, if found suitable, be absorbed in the service, provisionally or finally, and the service of other shall be determined in the prescribed manner. (3) On the creation of such service it shall be lawful for the Director or Local Bodies or any other officer authorised by the Government in this behalf to transfer an employee serving on any post in any Jal Sansthan or Water works to any other Jal Sansthan or Waterworks. (4) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-sections]."