SHRIDHAR HARI CHANDORKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is a Deputy Engineer in the engineering organisation of the Government of Maharashtra in its Urban Development and Public Health Department for the last Several years. Sometime in 1976 an Act known as the Maharashtra Water Supply and sewerage Board Act, 1976 (hereinafter referred to as "the said Act") came to be passed. This is an Act to provide for establishment of a Water Supply and Sewerage Board for the rapid development and proper regulation of water supply and sewerage services. In substance, it contemplates complete winding up of the "Maharashtra Environmental Engineering Service" as a wing of the Urban Development and Public Health Department of the Government of Maharashtra, and the staff of the said organisation would be transferred, to the Board. Accordingly, after constitution of the Board, the Government purported to transfer the petitioner and all other Engineers belonging to the said Organisation, of course, as provided under the provisions of the Act. This has been challenged by the petition. This is a pure and simple question of law.

(2.) The relevant provisions of the Act are as follows:---

(3.) Section 14 of the Act deals with duties and functions of the Board and inter alia, it provides for performing such of the duties and function, which are being performed by the Maharashtra Environmental Engineering Service, as may be specified, from time to time, by the State Government. In addition to these duties, the Board will have to carry out such other duties as may be entrusted by the State Government.