State of Uttar Pradesh Vs. Z.R. Siddiqui
EmailAppeal: Civil Appeal No.7705 of 2002
Petitioner: State of Uttar Pradesh
Respondent: Z.R. Siddiqui
Apeal: Civil Appeal No.7705 of 2002
Judges: Markandey Katju & G.S. Singhvi, JJ.
Date of Judgment: Feb 17, 2009
Head Note:
Service and Labour Laws
Uttar Pradesh Water Supply and Sewerage Act, 1975
Section 27A [As amended] – Uttar Pradesh Palika and Jal Sansthan Waterworks Engineering (Centralised) Service Rules, 1996, Rule 3 – Respondent a General manager in Jal Sansthan Jhansi – Whether he can be transferred to any other city in U.P. – Amendment made and Section 27A inserted which envisages creation of centralised services – Respondent was in centralised services. Held can be transferred. Appeal allowed.
Uttar Pradesh Water Supply and Sewerage Act, 1975
Section 27A [As amended] – Uttar Pradesh Palika and Jal Sansthan Waterworks Engineering (Centralised) Service Rules, 1996, Rule 3 – Respondent a General manager in Jal Sansthan Jhansi – Whether he can be transferred to any other city in U.P. – Amendment made and Section 27A inserted which envisages creation of centralised services – Respondent was in centralised services. Held can be transferred. Appeal allowed.
JUDGEMENT:
ORDER
1. Heard learned counsel for the parties.
2. This appeal has been filed against the impugned judgement of the Division Bench of the Allahabad High Court dated 22nd February, 2002.
3. The respondent was the General Manager of Jal Sansthan, Jhansi, at the relevant time and the short question involved in this case is whether he could be transferred to another Jal Sansthan in some other city in Uttar Pradesh. In this connection, it is stated that the Uttar Pradesh Water Supply and Sewerage Act, 1975, has been amended and Section 27A has been inserted therein which envisages creation of centralised services. Accordingly, the Government of Uttar Pradesh created a centralised service by making the Uttar Pradesh Palika and Jal Sansthan Waterworks Engineering (Centralised) Service Rules, 1996 [for short, ‘the Rules’]. Hence, a person, who is in the centralised service, can be transferred. Rule 3 of the Rules states that a General Manager of the Jal Sansthan is in the centralised service. Hence, in our opinion, the respondent, being the General Manager, could be transferred in view of Rule 27, which states:-
‘The State Government can transfer any officer of the Centralized service from one Palika or Jal Sansthan to another Palika or Jal Sansthan.’
4. Accordingly, the civil appeal is allowed, impugned judgement of the High Court is set aside and the writ petition filed in the High Court is dismissed.
5. No order as to costs.
1. Heard learned counsel for the parties.
2. This appeal has been filed against the impugned judgement of the Division Bench of the Allahabad High Court dated 22nd February, 2002.
3. The respondent was the General Manager of Jal Sansthan, Jhansi, at the relevant time and the short question involved in this case is whether he could be transferred to another Jal Sansthan in some other city in Uttar Pradesh. In this connection, it is stated that the Uttar Pradesh Water Supply and Sewerage Act, 1975, has been amended and Section 27A has been inserted therein which envisages creation of centralised services. Accordingly, the Government of Uttar Pradesh created a centralised service by making the Uttar Pradesh Palika and Jal Sansthan Waterworks Engineering (Centralised) Service Rules, 1996 [for short, ‘the Rules’]. Hence, a person, who is in the centralised service, can be transferred. Rule 3 of the Rules states that a General Manager of the Jal Sansthan is in the centralised service. Hence, in our opinion, the respondent, being the General Manager, could be transferred in view of Rule 27, which states:-
‘The State Government can transfer any officer of the Centralized service from one Palika or Jal Sansthan to another Palika or Jal Sansthan.’
4. Accordingly, the civil appeal is allowed, impugned judgement of the High Court is set aside and the writ petition filed in the High Court is dismissed.
5. No order as to costs.
