Rajiv Sharma, J. - (1.) HEARD Sri S.K. Kalia, Senior Advocate assisted by Sri Upendra Nath Misra, learned Counsel for the petitioner as well as learned Standing Counsel, who appears on behalf of opposite party No. 1 and Dr. L.P. Mishra, learned Counsel for the opposite parties No. 2 to 6 and perused the record.
(2.) BY means of the instant writ petition, the petitioners are assailing the resolution of Board of Director, in so far it authorised the chairman to introduce inter cadre transfer of ministerial staff dated 17.12.2004, order dated 26.2.2005 passed by opposite party No. 3 and the consequential order transferring the office bearers of the petitioners' association as well as other members of the employees association from head office cadre to field cadre. Petitioner No. 1 is the employees association of all Class II employees of U.P. Jal Nigam working throughout the State of U.P. Petitioner No. 2 is its State President. Petitioner No. 3 is employees association of all Class III employees working at Head Office of Jal Nigam. Petitioner No. 4 is its President. Petitioner Nos. 5 and 6 are members of the Employees Association of head office. It has been stated in the writ petition that ever since the incorporation of U.P. Jal Nigam in the year 1975, there have been two separate cadre of Ministerial Staff i.e. the Headquarters Cadre and the Field Cadre. Prior to the incorporation of U.P. Jal Nigam Water Supply and Sewerage Works were being looked after by a Government department namely, Local Self Government Engineering Department (LSGED). For the first time, the Service Rules of the ministerial cadre known as Local self -Government Engineering Department Ministerial Establishment Rules, 1965 were Enacted whereby it was provided that there shall be two cadres namely the ministerial cadre of Chief Engineer Office and Circle Office/Divisional Office and same is continued as such even after the incorporation of the U.P. Jal Nigam in the year 1981, new Service Rules of Ministerial cadre were framed known as U.P. Jal Nigam Ministerial Establishment Services Rules, 1981 and Rule 4 of the said Rules of 1981 provides that there shall be two different cadres of Ministerial staff i.e. Head Office Cadre and Field Cadre. Rule 4 further provides that in normal circumstances transfer from one cadre to another cadre shall not be made. However, the Chief Engineer was authorised to transfer from one cadre to another in exceptional circumstances but the seniority of the said employee shall be protected in his parent cadre. Thus, inter cadre transfer is not a rule but an exception, according to the 'Service Rules of 1981' also. It has also been stated in the writ petition that till date there has been no incidence of transfer of ministerial staff belonging to headquarters cadre to any place in the field. The seniority of the employees of different cadres is to be maintained separately. The employees of the Head Office Cadre has also forgone their promotions which they were offered provided they accept to go to the field cadre.
(3.) THE petitioners who are working as Senior Noter Drafter at Head Office were offered promotion on the post of Divisional Accountant in the State Cadre. And in case he had accepted the promotion on the post of Divisional Accountant in State Cadre, he would have at least four opportunities of further promotions i.e. from Divisional Accountant - -Assistant Accounts Officer - -Accounts Officer - -Senior Accounts Officer - -Chief Accounts Officer, whereas he had only one promotional avenue available from the post of Section Officer to the post of Personal Assistant (Non -Technical).;