Ranjana Desai, J. - (1.)The State of Maharashtra through the Secretary, Water Resources Department, has challenged in this writ petition judgment and order dated 26-9-2008 delivered by The Maharashtra Administrative Tribunal, Mumbai Bench ("MAT" for short) in Original Application No. 324 of 2008.
(2.)The 1st respondent holds B.E. (Civil) degree. In 1976 he joined as Junior Engineer in the Irrigation Department of the State Government. He was recruited directly through the Maharashtra Public Service Commission as Asstt. Executive Engineer Class I in 1982. In due course he was promoted as Chief Engineer. He worked as Chief Engineer Water Resources Development Centre, Aurangabad. In November, 2006 he was transferred as Chief Engineer, Minor Irrigation, Local Sector, Pune. He was working in that post from 4-11-2006. Even though he had not completed his normal tenure of three years, he was transferred as Chief Engineer M.M.R.D.A, Mumbai by order dated 10-1-2008. By the same order respondent 2, who was posted as Chief Engineer, M.M.R.D.A, Mumbai, was transferred to the post of Chief Engineer, Minor Irrigation (Local Sector) Pune. The said order was challenged by the 1st respondent in the MAT by filing Original Application No. 45 of 2008. The said original application was allowed by the MAT by its order dated 25-2-2008. The MAT observed that no special reasons for midterm transfer of the 1st respondent were recorded as required by section 4(4) and section 4(5) of the Maharashtra Government Servant's Regulation of Transfers and Prevention of Delay in Discharging of Official Duty Act, 2005 ("the Transfer Act"). After the MAT set aside the 1st respondent's midterm transfer, the petitioners cancelled the transfer order dated 10-1-2008 by order dated 2-5-2008 and posted respondents 1 and 2 to their previous posts.
(3.)On 28-5-2008 the petitioners passed another order transferring the 1st respondent to the post of Chief Engineer, M.M.R.D.A., Mumbai and transferring the 2nd respondent to the post of Chief Engineer, Minor Irrigation Department, Pune. The 1st respondent challenged that order before the MAT. By the order dated 26-9-2008 the MAT set aside the transfer order dated 28-5-2008. Hence the petitioners have challenged the said order in this writ petition.