Ranjana Desai, J.

The State of Maharashtra through the Secretary, Water Resources Department, has challenged in this writ petition judgment and order dated 26/9/08 delivered by The Maharashtra Administrative Tribunal, Mumbai Bench ("MAT" for short) in Original Application No. 324 of 2008.

2. The 1st respondent holds B.E. (Civil) degree. In 1976 he joined as Junior Engineer in the Irrigation Department of the State Government. He was recruited directly through the Maharashtra Public Service Commission as Asstt. Executive Engineer Class I in 1982. In due course he was promoted as Chief Engineer. He worked as Chief Engineer Water Resources Development Centre, Aurangabad. In November, 2006 he was transferred as Chief Engineer, Minor Irrigation, Local Sector, Pune. He was working in that post from 4/11/06. Even though he had not completed his normal tenure of three years, he was transferred as Chief Engineer M.M.R.D.A, Mumbai by order dated 10/1/08. By the same order respondent 2, who was posted as Chief Engineer, M.M.R.D.A, Mumbai, was transferred to the post of Chief Engineer, Minor Irrigation (Local Sector) Pune. The said order was challenged by the 1st respondent in the M