RAKESH KUMAR DIXIT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-2-27
HIGH COURT OF UTTARAKHAND
Decided on February 27,2012

Rakesh Kumar Dixit Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

BARIN GHOSH, J. - (1.) ALL these writ petitions address common questions of law and facts and, accordingly, they are disposed of by the following common judgment and order.
(2.) SECTION 18 of the Uttar Pradesh Water Supply and Sewerage Act, 1975 authorized the State Government of Uttar Pradesh to establish Jal Sansthans. Sub -Section(4) of Section 18 of the said Act declares that once a Jal Sansthan is established, the same shall become a body corporate having perpetual succession and a common seal and shall be entitled to sue and be sued by the name of "Jal Sansthan" as specified in the notification establishing such Jal Sansthans and have the power to acquire, hold or dispose of property. Section 27 of the said Act authorized Jal Sansthans, with previous approval of the State Government, to create such posts of officers and other employees and with such designations as it considers necessary for the efficiency performance of its functions. Section 27 -A of the said Act authorized the Government to 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 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. The said section authorized the Director of local bodies or any other officer authorized by the Government to transfer an employee serving on any post in any Jal Sansthan or waterworks to any other Jal Sansthan of waterworks. On 23rd December, 1996, the State of Uttar Pradesh made the Uttar Pradesh Palika and Jal Sansthans Waterworks Engineering (Centralised) Service Rules, 1996. In terms thereof, Junior Engineers, working in Jal Sansthans, became part of the centralized service. The said Rules provided for an option to become a part of the hill sub -cadre. The Rules made it clear that such option must be exercised within three months from the date of coming into force of the said Rules and in the event anyone not exercising such option, he shall be deemed to have opted to remain in the general cadre.
(3.) ACCORDING to the respondents, except the State of Uttar Pradesh, writ petitioners herein were appointed in Jal Sansthans situate in the plane areas of the State of Uttar Pradesh. It is also the contention of the respondents, except the State of Uttar Pradesh, that the petitioners did not opt for hill sub -cadre and, accordingly, they opted for general cadre. The fact, however, remains, to which there is no dispute, that each of the petitioners was working in Jal Sansthans situate within the territory of the State of Uttarakhand as on the date of creation of the State of Uttarakhand. According to the petitioners, both the State Governments agreed that the petitioners should continue to remain in the Jal Sansthans situate within the territory of the State of Uttarakhand. There are number of letters, exchanged between the Government of Uttarakhand, which, in clearest of clear terms, indicate that it was understood and agreed between the States that the petitioners shall remain in the Jal Sansthans where they were working as on the date of creation of the State of Uttarakhand and which Jal Sansthans were within the territory of the State of Uttarakhand. We think that the said understanding between the Governments of Uttar Pradesh and Uttarakhand was a correct understanding. The respondent - Jal Sansthan, a Jal Sansthan of the State of Uttarakhand, had no authority, in law or otherwise, to relieve any of the petitioners purportedly to join the services of the Jal Sansthans situate in the State of Uttar Pradesh. The said action on the part of the respondent - Jal Sansthan is without any basis and is not legally sustainable.;


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