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2004 Supreme(Bom) 900

D.Y.CHANDRACHUD
Sudhir R. Koli & others – Appellant
Versus
Maharashtra Pollution Control Board & another – Respondent


JUDGMENT - CHANDRACHUD D.Y. Dr., J.

:-The Maharashtra Pollution Control Board has been constitution in pursuance of the provisions of the Water (Prevention and Control of Pollution) Act, 1974, in order to exercise the powers conferred upon it and perform the functions assigned to it by the Act. Sub-section (3) of section 12 of the Act lays down that subject to such Rules as may be made by the State Government, the Board may appoint such officers and employees as it considers necessary for the efficient performance of its functions. The Board is empowered by sub-section (3-A) of the same section to frame regulations for determining the method of recruitment and conditions of service, including the scales of pay of its officers and employees. The regulations have to be approved by the State Government before they can take effect.

2. In the present case, the six petitioners before the Court were Date Entry Operators on fixed term contracts during diverse period of time when computerization of the office of the Board was in its nascent stages. There is no dispute about the position that the regular procedure for recruitment was not followed when the petitioners came to













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