- (1.) The petitioners were undisputably employed as Pipe Line Inspectors in the Water Works Department of the Nagar Mahapalika, Allahabad. They entered in service between the years 1963 and 1971. On the 27th of Dec., 1979, the Director of Local Bodies passed an order by which he transferred petitioners 1 to 4 from the Nagar Mahapalika/Jal Sansthan, Allahabad, to Nagar Mahapalika/Jal Sansthan, Kanpur, Varanasi, Varanasi and Lucknow respectively. In that order the petitioners are described as Pipe Line Inspectors belonging to the U. P. Palika (Centralised) Service. By means of this petition, the petitioners challenge the above mentioned order transferring them.
(2.) The only contention of learned counsel appearing for the petitioners is that on coming into force of U. P. Water Supply and Sewerage Act, 1975. (U. P. Act No. 43 of 1975) hereinafter referred to as the Actby virtue of S. 38 thereof the petitioners became employees of Jal Sansthan, Allahabad, and consequently the Director of Local Bodies had no power to direct their transfer from Jal Sansthan, Allahabad to any other Nagar Mahapalika or Jal Sansthan. This contention, in our opinion, is based on a misconception with regard to the relevant facts and the statutory provisions applicable. From the counter-affidavit filed on behalf of the Jal Sansthan, Allahabad, it is clear and the position has not been disputed before us during arguments that till the 30th Apr.,1979 no separate Jal Sansthan as such was constituted for the area lying within the jurisdiction of the Nagar Mahapalika, Allahabad, on the 1st of Jan., 1976 merely the powers of Jal Sansthan were conferred on the Nagar Mahapalika, Allahabad by virtue of a notification under S. 19 of the Act. As a consequence of the proviso to sub-sec. (1) of S. 19, Section 38 of the Act has no application to the employees of Nagar Mahapalikas on which merely the powers of Jal Sansthans had been conferred as a consequence of the notification under S. 19 of the Act. The petitioners consequently continued to be employees of the Nagar Mahapalika, Allahabad, till the 29th Oct., 1978 when the State Government in exercise of powers under S. 1I2-A of the Uttar Pradesh Nagar Mahapalika Adhiniyam and under S. 69-B read with cl. (a) of sub-sec. (2) of S. 269 of the Uttar Pradesh Municipalities Act, issued a notification dated 29th Oct., 1978 styled as Uttar Pradesh Palika (Centralised) Services (VIII Amendment) Rules, 1978. As a consequence of an amendment in the above mentioned rules the State Government included Pipe Line Inspectors in the Centralised Services under the Heading of Engineering (Sub-ordinate) Services. Thus with effect from 29th Oct., 1978 the petitioners instead of being employees of the Nagar Mahapalika, Allahabad became employees of the U. P, Palika (Centralised) Service. By means of a notification dated 30th Apr 1979 issued under S. 18 of the Act the State Government constituted the Jal Sansthan, Allahabad. The creation of the Jal Sansthan, however, did not operate so as to alter the position that the petitioners continued to be employees belonging to the Centralised Service referred to earlier. S. 38 (1) of the Act on which learned counsel for the petitioners relied, to the extent relevant for our purposes runs as follows : "38 (1). Save as otherwise provided in this section, every person (excluding a member of a service created under Section 69-B of the U. P. Municipalities Act, 1916, and S. 112-A of the Uttar Pradesh, Nagar Mahapalika Adhiniyam, 1959) who was employed exclusively in connection with water supply or sewerage services or sewage works or sewage farms under a local body for the local areas of which a Jal Sansthan has been constituted shall, on and from the said date, become an employee of the Jal Sansthan and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same other terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the said date if the aforesaid water supply and sewerage services, sewage works and sewage farms had not been transferred to and vested in the Jal Sansthan, and shall continue to do so until his employment in the Jal Sansthan is terminated........" This provision expressly excludes members of the U. P. Palika (Centralised) Service to which the petitioners as found by us belonged and which had been created under S. 112-A of the U. P. Nagar Mahapalika Adhiniyam. The petitioners thus did not become employees of the Jal Sansthan but continued to belong to the U. P. Palika (Centralised) Service on the date Jal Sansthan, Allahabad, was constituted.
(3.) The petitioner's case is clearly covered by sub-sec. (9) of S. 38 which is in the following terms : "Notwithstanding anything contained in S. 69-B of the U. P. Municipalities Act, 1916, and S. 112-A of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, or in the rules relating to centralised services made under the said sections, every person belonging to a centralised service referred to in the said sections and rules shall be bound to serve on deputation with such Jal Sansthan or the Nigam, as the case may be, to which his services are for the time being lent by an order of the Director of Local Bodies, Uttar Pradesh, and no such employee shall be entitled to any deputation or other allowances merely on the ground of such deputation, and subject thereto, they shall continue to remain the members of the centralised service on the same terms and conditions as before being placed on such deputation." There is no assertion made in the petition that when the Jal Sansthan, Allahabad was created the services of the petitioners, who belonged to the Centralised Service, were not lent by an order of the Director of the Local Bodies, Uttar Pradesh, to the Jal Sansthan, Allahabad. As a conseauence of the operation of sub-sec. (9) of S. 38 extracted above, the petitioners thus while continuing to remain members of the Uttar Pradesh Palika (Centralised) Service, commenced serving the Jal Sansthan, Allahabad, on its creation, on deputation with the organization. It is not disputed that as members of the Centralised Service they are liable to be transferred under orders of the Director of Local Bodies. As a consequence of the impugned order thus on transfer they will remain employees of the Centralised Service on deputation with the Jal Sansthan to which they have been transferred.;