V.K. Shukla, J. - (1.) PETITIONERS in the present writ petitions are Junior Engineer/Water Works Engineer of Jal Sansthan, Jhansi. Petitioner are assailing before this Court transfer order dated 28-7-2006 transferring the petitioner from Jal Sansthan Jhansi to different Nagar Palikas.
(2.) COMMON and identical question of law and fact being in each one of the writ petition as such all the writ petitions are being taken up together and as such Civil Misc. Writ Petition 42661 of 2006 is being treated as leading writ petition. Sri R.L. Sharma, Advocate has assailed the validity of the transfer order on following grounds:- Firstly, State Government has got no authority or jurisdiction to pass order of transfer in term of Section 27(A) (3) of U.P. Water Supply and Sewerage Act, 1975 as it is only the Director who is authorized to pass order of transfer or any other officer authorised by the State Government and here the Director has not passed the order of transfer and further State Government has not made any authorization in favour of any other officer consequently State Government has over stepped and exceeded its jurisdiction; Secondly power of transfer has been exercised mala fidly on account of political pressure being exerted by one Rakesh Pal, President, Zila Panchayat, Jhansi, vide letter dated 2-7-2006 therein name of all four petitioners have been mentioned for transferring and pursuant to the same transfer order has been passed, consequently, the power of transfer has been admittedly misused in the present case; Thirdly, Transfer policy in the present case has been violated and breached with impunity, inasmuch as, for Bundelkhand Region in the transfer policy there is categorical mention that only when reliever comes and joins then only incumbent be relieved and here in the present case without any reliever being there directives have been issued for relieving the petitioners which clearly shows that power of transfer in fact has been colorably exercised. Sri C.B. Yadav, learned Chief Standing Counsel appearing for respondents contended that in the present case power of transfer has been bona fidly exercised by the State Government as petitioners are staying at Jal Sansthan Jhansi since last more than fifteen years and further State Government is fully competent to pass order of transfer qua member of Centralized Service as the State Government is the appointing authority of the member of Centralized Service and repository of power of power of transfer and further in the present case earlier petitioners had filed writ petition against the transfer order and petitioner had succeeded in obtaining interim order which was ultimately vacated and writ petition were dismissed and against the same time barred Special Appeal has been filed wherein no interim order has been passed but in spite of the same petitioners are illegally continuing to perpetuate themselves at Jhansi Jal Sansthan as such conscious decision has been taken to transfer the petitioners, without there being any breach of the transfer policy, inasmuch as in consonance with transfer policy due permission has been taken from the concerned Minister and thereafter petitioners have been transferred as such no interference be made.
(3.) FIRST argument which has been raised by Sri R.L. Sharma, Advocate qua the competence of the State Government to pass order of transfer is being looked into. At this juncture Section 27 (A) of U.P. Water Supply and Sewerage Act, 1975 are being quoted below: "27-A. Centralisation of service.-(1) Notwithstanding anything contained in Section 27 or in any other provision of the Act, the State Government may at any time, by rules, 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 the 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. (2) Where any such service in created, employees serving on the posts included in the service as well as, officers and servants performing duties and functions of those posts may, if found suitable, be absorbed in the service, provisionally or finally, and the service of other shall be determined in the prescribed manner. (3) On the creation of such service it shall be lawful for the Director or Local Bodies or any other officer authorised by the Government in this behalf to transfer an employee serving on any post in any Jal Sansthan or Water works to any other Jal Sansthan or Waterworks. (4) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-sections]." A bare perusal of the provisions as contained in Section 27 (A)(1) of 1975 Act would go to show that same starts with none abstante clause i.e. irrespective of the provisions as contained under Section 27 of 1975 Act, empowering the State Government at any time, by rules, for the creation of one or more services of such officers and servants as the State Government deem fit common to Jal Sansthans or to the Jal Sansthans, Nagar Mahapalikas and Nagarpalikas in the State. Section 27-A(2) of 1975 Act provides that where any such service in created, employees serving on the posts included in the service as well as, officers and servants performing duties and functions of those posts may, if found suitable, be absorbed in the service, provisionally or finally. Sub-section (3) of Section 27-A authorizes the Director of Local Bodies or any other officer authorised by the Government in this behalf to transfer an employee serving on any post in any Jal Sansthan or Water works to any other Jal Sansthan or Water works.;