State of U.P. Vs.
Z.R. Siddiqui  INSC 350 (17 February 2009)
JURISDICTION CIVIL APPEAL NO.7705 OF 2002 State of Uttar Pradesh
...Appellant(s) Versus Z.R. Siddiqui ...Respondent(s)
O R D E R
Heard learned counsel
for the parties.
This appeal has been
filed against the impugned judgement of the Division Bench of the Allahabad
High Court dated 22nd February, 2002.
The respondent was
the General Manager of Jal Sansthan, Jhansi, at the relevant time and the short
question involved in this case is whether he could be transferred to another
Jal Sansthan in some other city in Uttar Pradesh. In this connection, it is
stated that the Uttar Pradesh Water Supply and Sewerage Act, 1975, has been
amended and Section 27-A has been inserted therein which envisages creation of
centralised services. Accordingly, the Government of Uttar Pradesh created a
centralise service by making the Uttar Pradesh Palika and Jal Sansthan Waterworks
Engineering (Centralised) Service Rules, 1996 [for short, "the
Hence, a person, who
is in the centralised service, can be transferred. Rule 3 of the Rules states
that a General Manager of the Jal Sansthan is in the centralised service.
Hence, in our
opinion, the respondent, being the General Manager, could be transferred in
view of Rule 27, which states:- "The State Government can transfer any
officer of the Centralized service from one Palika or Jal Sansthan to another
Palika or Jal Sansthan."
Accordingly, the civil appeal is allowed, impugned judgement of the High Court
is set aside and the writ petition filed in the High Court is dismissed.
No order as to costs.