JUDGMENT - H. SURESH, J.:---The petitioner is a Deputy Engineer in the engineering organisation of the Government of Maharashtra in its Urban Development and Public Health Department for the last Several years. Sometime in 1976 an Act known as the Maharashtra Water Supply and sewerage Board Act, 1976 (hereinafter referred to as "the said Act") came to be passed. This is an Act to provide for establishment of a Water Supply and Sewerage Board for the rapid development and proper regulation of water supply and sewerage services. In substance, it contemplates complete winding up of the "Maharashtra Environmental Engineering Service" as a wing of the Urban Development and Public Health Department of the Government of Maharashtra, and the staff of the said organisation would be transferred, to the Board. Accordingly, after constitution of the Board, the Government purported to transfer the petitioner and all other Engineers belonging to the said Organisation, of course, as provided under the provisions of the Act. This has been challenged by the petition. This is a pure and simple question of law.

2. The relevant provisions of the Act are as follows:---

"Section 2(xiii):

"Maharashtra Environmental Engineering Service" means the organisation functioning for this purpose as a wing of the Urban Development and Public Health Department of the Government of Maharashtra and comprising of the following categories of officers and servants, namely :---

(1) all Engineers belonging to the Maharashtra Environmental Engineering Service, Class I and Class II;

(2) all officers and servants, not covered under (1) above, who are appointed exclusively on the establishment of the organisation and who have no lien on any post in any other Department of the Government of Maharashtra;

(3) all officers and servants belonging to the technical staff borne on Mechanical Engineering cadre of the Irrigation Department of the Government of Maharashtra, who are for the time being serving in the organisation;"

"Section 3 : Establishment of the Board.---

3(1). As soon as may be after the commencement of this Act, the State Government shall by notification in the Official Gazette with effect from a date to be specified therein, establish for the purposes of this Act a Board to be called "the Maharashtra Water Supply and Sewerage Board".

(2) The Board shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Act, to acquire, hold or dispose of property, both moveable and immoveable, and to contract, and may sue or be sued by its corporate name aforesaid.

(3) The Board shall be deemed to be a local authority as defined in the Bombay General Clause Act, 1904."

"Section 8. Officers and servants of the Board and their recruitment and conditions of service.---

(1) The Board may appoint such officers and servants as it considers necessary for the efficient performance of its duties and discharge of its functions against posts sanctioned by the State Government. The recruitment and the conditions of service of the officers and servants of the Board shall be determined by regulations.

(2) The Board may, with the previous approval of the appropriate Government, appoint a servant of the Central Government or the State Government as a in employee of the Board on such terms and conditions as it thinks fit.

(3) Subject to the superintendence of the Board, the Member-Secretary shall be the Chief Executive Officer of the Board. He shall supervise and control all its officers and servants including any officers of Government appointed on deputation to the Board."

3. Section 14 of the Act deals with duties and functions of the Board and inter alia, it provides for performing such of the duties and function, which are being performed by the Maharashtra Environmental Engineering Service, as may be specified, from time to time, by the State Government. In addition to these duties, the Board will have to carry out such

Click Here to Read the rest of this document