Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 10, Cited by 0]

Central Administrative Tribunal - Delhi

Shri Sudhir Kumar Chauhan vs Municipal Corporation Of Delhi on 28 January, 2011

      

  

  

 CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
 
T.A. No.1307/2009
(C.W. P. No.2343/2000)

With

T.A. No. 1366/2009
(C. W. P. No.3172/2000)
 
T.A. No. 1367/2009
(C.W. P. No.3086/2000)

TA No. 1308/2009
(C.W. P. No.2503/2000)
 
New Delhi, this the  28th  day of January, 2011
 
HONBLE MR. JUSTICE V.K. BALI, CHAIRMAN
HONBLE MRS. MEERA CHHIBBER, MEMBER (J)
HONBLE DR. RAMESH CHANDRA PANDA, MEMBER (J)
 
T.A. No.1307/2009
 
 
Shri Sudhir Kumar Chauhan
ASI (Sanitation)
Rohini Zone, MCD,
Delhi.                                                             Petitioner
 
By Advocate: Shri Sachin Chauhan.
 
Versus
 
1.       Municipal Corporation of Delhi
          Through its Commissioner,
          Town Hall Chandni Chowk,
          Delhi-110006.
 
2.       Additional Deputy Commissioner (CSE)
          Headquarter, MCD,
          Town Hall, Chandni Chowk,
          Delhi-110006.
 
3.       Delhi Jal Board
          (Constituted under the Delhi
          Water Board Act, 1998)
          Varunalaya Building Phase-II,
          Jhandewalan, New Delhi-110055
          Through its Chairman/Executive
          Officer.                                               Respondents
 
By Advocate: Shri Anshum Jain for Ms. Suparna
  Srivastava for MCD.
                     Shri Nishikant Pandey for Delhi Jal Board.       
   
 
T.A. No.1366/2009
 
1.       Shri Todi Singh, JE (Civil)
          CSE Department, MCD,
          West Zone, Delhi.
 
2.       Shri Gurvinder Pal Singh JE (Civil)
          CSE Department, MCD,
          West Zone, Delhi.
 
3.       Shri Harpal Singh JE (Civil)
          CSE Department, MCD,
          West Zone, Delhi.
 
4.       Shri Punjab Singh AE (Civil)
          CSE Department, MCD,
          West Zone, Delhi.
 
5.       Shri Jasbir Singh, AE (Civil)
          CSE Department, MCD,
          City Zone, Delhi.
 
6.       Shri Azhar Alam, JE (Civil)
          CSE Department, MCD
          Shahdra Zone, Delhi.                             .Petitioners
 
By Advocate: None.
 
Versus
 
1.       Municipal Corporation of Delhi
          Through its Commissioner,
          Town Hall Chandni Chowk,
          Delhi-110006.
 
2.       Additional Deputy Commissioner (CSE)
          Headquarter, MCD,
          Town Hall, 
          Delhi-110006.
 
3.       Delhi Jal Board
          (Constituted under the Delhi
          Water Board Act, 1998)
          Varunalaya Building Phase-II,
          Jhandewalan,New Delhi-110055 Through its
Chairman/Executive Officer.                          Respondents
 
By Advocate:  Shri Anshum Jain for Ms. Suparna
   Srivastava for MCD.
                      Shri Nishikant Pandey for Delhi Jal Board.
 



TA No. 1367/2009
 
1.       Shri Sudhir Gupta, JE (Civil)
          Central Zone, CSE Department,
          MCD, Delhi.
 
2.       Shri Shankar Lal, JE (Civil)
          Central Zone, CSE Department,
          MCD, Delhi.
 
3.       Shri F.A. Rizvi, JE (Civil)
          CSE, South Zone,
Delhi.
 
4.       Shri S.A. Khan
          Zonal Engineer (South Zone),
          MCD, Delhi.
 
5.       Shri Devendra Giri, JE (Civil)
          South Zone, Shahdara,
          CSE Department,
          MCD, Delhi.
 
6.       Shri Deepak Kumar, JE (Civil)
          South Zone, Shahdara,
          CSE Department,
          MCD, Delhi.
 
7.       Shri Rakesh Kumar, JE (Civil)
          South Zone, CSE Department,
          MCD, Delhi.
 
8.       Shri Rajesh Kumar, JE (Civil)
          South Zone,
          CSE Department,
          MCD, Delhi.
 
9.       Shri Munish Kumar, Draftsman (II) (Civil)
          Central Zone,
          CSE Department,
          MCD, Delhi.
 
10.     Shri Hem Singh
          Accountant,
          CSE-IV, South Zone,
          MCD, Delhi.
 
11.     Smt. Neeta
          Junior Accountant
          CSE-IX, Central Zone,
          MCD, Delhi.                                                    Petitioners
 
 By Advocate:        None.
 
Versus
 
 
1.       Municipal Corporation of Delhi
          Through its Commissioner,
          Town Hall,
          Delhi.
 
2.       Additional Deputy Commissioner (CSE)
          HQs,
          Municipal Corporation of Delhi,
Town Hall,
          Delhi.
 
3.       Delhi Jal Board
          (Constituted under the Delhi
          Water Board Act, 1998)
          Varunalaya Building Phase-II,
          Jhandewalan,
          New Delhi-110055
          Through its Chairman/Executive
          Officer.                                               Respondents
 
By Advocate: Shri Anshum Jain for Ms. Suparna
  Srivastava for MCD.
                     Shri Nishikant Pandey for Delhi Jal Board.
 
TA No.1308/2009
 
1.       Shri Absar Ahmad
          Junior Engineer (Civil)
 
2.       Shri A.K. Jindal
          Junior Engineer (Civil)
 
3.       Shri S.K. Verma
          Junior Engineer (Civil)
 
4.       Shri Pradeep
          Junior Engineer (Civil)
 
5.       Shri Ram Singh Arya
          Junior Engineer (Civil)
 
6.       Shri Mukesh Chaudhary
          Junior Engineer (Civil)
 
7.       Shri H.S. Garg
          Junior Engineer (Civil)
 
8.       Shri D.C. Pant
          Junior Engineer (Civil)
 
9.       Shri A.K. Goyal
          Junior Engineer (Civil)
 
10.     Shri Rajinder Singh
          Junior Engineer (Civil)
 
11.     Shri Rakesh Kumar Gupta
          Junior Engineer (Civil)
 
12.     Shri Aneesh Ahmad
          Junior Engineer (Civil)
 
13.     Shri Adesh Kumar Jain
          Junior Engineer (Civil)
 
14.     Shri Pradeep Shekhar
          Junior Engineer (Civil)
 
15.     Shri Ashok Kumar
          Junior Engineer (Civil)
 
16.     Shri P.K. Sharma
          Junior Engineer (Civil)
 
17.     Shri Abhey Singh Chauhan
          Junior Engineer (Civil)
 
18.     Shri P.K. Kapil
          Junior Engineer (Civil)
 
19.     Shri R.P. Verma
          Junior Engineer (Civil)
 
20.     Shri N.K. Jain
          Junior Engineer (Civil)
 
21.     Shri Y.K. Sharma
          Junior Engineer (Civil)
 
22.     Shri K.B. Chauhan
          Junior Engineer (Civil)
 
23.     Shri Mukut Mani Bashirta
          Junior Engineer (Civil)
 
24.     Shri M.S. Khan
          Junior Engineer (Civil)
 
25.     Shri Bhuley Singh
          Junior Engineer (Civil)
 
26.     Shri Ajit Mohan Sharma
          Junior Engineer (Civil)
 
27.     Shri P.K. Verma
          Junior Engineer (Civil)
 
28.     Shri Narender Singh
          Junior Engineer (Civil)
 
29.     Shri Devesh Chandra
          Junior Engineer (Civil)
 
30.     Shri B.N. Gupta
          Junior Engineer (Civil)
 
31.     Shri Dharam Singh
          Junior Engineer (Civil)
 
32.     Shri Akbar Khan
          Junior Engineer (Civil)
 
33.     Shri Suresh Chand
          Junior Engineer (Civil)
 
34.     Shri Satish Kumar
          Junior Engineer (Civil)
 
35.     Shri Pushpendra Kumar
          Junior Engineer (Civil)
 
36.     Shri Yogendra Singh
          Junior Engineer (Civil)
 
37.     Shri Onkar Aggarwal
          Junior Engineer (Civil)
 
38.     Shri V.P. Sharma
          Junior Engineer (Civil)
 
39.     Shri R.K. Sharma
          Junior Engineer (Civil)
 
40.     Shri R.K. Malhotra
          Junior Engineer (Civil)
 
41.     Shri Bal Mukund
          Draughtsman-I
 
42.     Shri Hargyan Singh
          Zonal Engineer  (Civil)
 
43.     Shri J.P. Gupta
          Zonal Engineer (Civil)
 
44.     Shri S.P. Goyal
          Zonal Engineer (Civil)
 
45.     Shri Banarsi Dass Arya
          Zonal Engineer (Civil)
 
46.     Shri Rakesh Chandra Duggal
          Zonal Engineer (Civil)
 
47.     Shri P.C. Aggarwal
          Junior Engineer (Civil)
 
48.     Shri D.P. Jain
          Junior Engineer (Civil)                                     Petitioners
 
All the petitioners are working in
Conservancy & Sanitation Engineering
Department,
General Wing, Municipal Corporation
of Delhi, Delhi.
 
By Advocate: None
 
Versus
 
1.       Municipal Corporation of Delhi
          Through its Commissioner,
          Town Hall, Chandni Chowk,
          Delhi-110006.
 
2.       Delhi Water Supply & Sewage Disposal Undertaking/
Delhi Jal Board
          Through its Chief Executive
          Officer,
Varunalaya Building Phase-II,
          Jhandewalan,
          New Delhi-110055.                                            Respondents
 
By Advocate: Shri Anshum Jain for Ms. Suparna
  Srivastava for MCD.
                     Shri Vijay Pandita for DWS&SDU.    
                     Shri Nishikant Pandey for Delhi Jal Board.
 
ORDER 

By Honble Mrs. Meera Chhibber, Member (J) The question to be decided by the Full Bench is as follows:-

Whether an employee working in one of the Wings of the MCD can be transferred to Delhi Jal Board and whether consent of the employee is a precondition for such transfer?

2. Before dealing with the issue, it would be apt to give the brief facts. We are taking TA No. 1307/2009 as the leading case.

3. The facts culled out from the pleadings reveal that petitioner was appointed as Assistant Sanitary Inspector (Sewer) on 7.3.1989 (page 25) in the Delhi Water Supply & Sewerage Disposal Undertaking (hereafter referred to as DWS&SDU) but vide order dated 30.12.1998 he was transferred from drainage Rohini to Conservancy and Sanitation Engineering (hereafter referred to as CSE) Department (page 27) and continued to work there. The CSE was responsible for looking after the sanitation and disposal of waste material in terms of the Delhi Municipal Corporation Act (hereinafter referred to as DMC Act).

4. In 1996 the department of CSE was bifurcated whereby the work relating to the maintenance, cleaning of sewers, maintenance of sewer, pump houses, cleaning of Nala to be constructed by the then DWS&SDU and other related work of Sewerage system only, which were being dealt by the CSE department were transferred to the DWS&SDU department and the CSE department continued to manage the work of solid waste, collection/transportation, disposal of solid waste, road sweeping, refused collection, sanitary landfills etc.

5. In the year 1998 the DWS&SDU was converted into Delhi Jal Board (hereinafter referred to as DJB) by an enactment of Government of NCT of Delhi and as per provisions of the amended Section 46 of the Act, all officers and employees of DWS&SDU and such employees of MCD who were mainly engaged in connection with water supply and sewer disposal became members of the Board with such designation and discharging such functions, as the Board may determine.

6. It is submitted by the learned counsel for the petitioner that MCD issued order dated 22.3.2000 directing all the Executive Engineers, CSE and Senior Superintendents to relieve the subordinate staff for reporting to Director (A& P) for further duties with immediate effect (page 53). Since applicant was being relieved pursuant to the order dated 23.2.2000, he approached Honble High Court of Delhi challenging his transfer on the ground that since December 1998, he had been working in the sanitation department and had no concern with the then DWS&SDU which had been converted to Delhi Jal Board. Since he is a regular employee of the MCD, as such he could not have been transferred to Delhi Jal Board without his consent as it is a new organization.

7. Counsel for the petitioner placed reliance on the judgment given by this Tribunal in TA No. 1391/2009 decided on 4.9.2009 in the case of Sohanlal Vs. MCD & Another.

8. Reply has been filed by MCD as well as Delhi Jal Board separately.

9. It is stated by the MCD that at the relevant time MCD had three Wings, namely, General, DWS&SDU and J.J. Slum Department. Each Wing was fiscally and functionally independent with separate budget, separate revenue generation, separate staff and functions, separate recruitment regulations and corresponding service conditions and even their pay structure and service conditions are governed by each separately depending upon nature of work, duties, functions, responsibility in their respective Wings. Earlier, DESU was converted into Delhi Vidyut Board and similarly Delhi Transport Undertaking was converted into DTC. Prior to the conversion those were independent and separate Wings of the MCD.

10. In March, 1998 the Delhi Water Supply and Sewerage Disposal Undertaking was constituted as a statutory body known as Delhi Jal Board by virtue of the DJB Act, 1998. In R.D. Gupta & Others Vs. Lt. Governor & Others reported in AIR 1987 SC 2086 Honble Supreme Court has already held that under MCD three Wings, namely, General , DWS&SDU & DESU functioned separately, distinct and independent of each other and each Wing constituted an independent body and has its own budget and consequently it has freedom of action without reference to the other Wing.

11. They have further stated that the jobs are not inter-transferable from one Wing to the other. The General Wing of MCD was acting only as the controlling authority. They have stated that the petitioner is not permanent and regular employee of the MCD. He was only posted in CSE Division. Simply because he was posted in CSE Division, he cannot claim to be a permanent employee of MCD. He was permanent employee of DWS&SDU now Delhi Jal Board. By the impugned order, he was only reverted back to his parent department and further directed to report to the DJB for further posting. They have thus prayed that the petition may be dismissed.

12. Similarly Delhi Jal Board have stated that petitioner was an employee of DWS&SDU. The functions, staff etc. of the said undertaking stand statutorily vested with the DJB with effect from 5.4.1998 in view of Sections 46, 47 and 48 as contained in Chapter-V of Delhi Water Board Act, 1998.

13. They have also stated that DWS&SDU was conceptually and fiscally independent from the other Wings of the MCD. It had distinct functions and was completely independent having its own budget. The RRs of its employees were independent and different and the services of the employees were not inter-transferable. The employees maintained their own channel of seniority and promotion, therefore, it is wrong to say that petitioner was permanent employee of MCD. They have explained that the petitioner was deputed in diverted capacity to perform functions due to administrative reasons and functional exigencies in other department of Municipal Corporation of Delhi. Since he was sent in diverted capacity to CSE, he had to be reverted back to his parent department.

14. The contract of service stands statutorily substituted because DJB was created under the Delhi Water Board Act, 1998 and had taken over all Functions, Finances and Functionaries including assets, liabilities and services relating to water supply and sewerage and the service of all officers and employees of DWS&SDU stand statutorily transferred to DJB. Since the petitioner was appointed and was on the roll of DWS&SDU, his salary was being paid out of the funds of the said undertaking, his service record was maintained in the said undertaking which had been transferred to DJB, therefore, the petitioner also stood transferred to DJB. They have thus prayed that the Writ Petition may be dismissed.

15. No rejoinder has been filed by the petitioners to the counter affidavits filed by MCD and DJB.

16. The matter was transferred to the Tribunal vide order dated 27.4.2009 by the Honble High Court of Delhi and the petitions were renumbered as T.A. No.1307/2009, TA No. 1308/2009, T.A. No. 1366/2009 and T.A. No. 1367/2009. The learned Division Bench noted the order passed in TA No. 1391/2009 and since contrary view was possible, the matter was referred to the Full Bench for taking authoritative decision in the matter as batch of petitions on same issue were pending.

17. We have heard all the parties.

18. The moot point argued before us is that the petitioner, who claims to be employee of MCD, could not have been transferred to DJB without taking his consent. This situation would arise if an employee is transferred from one employer to the other whereas, it has already been held by the Honble Supreme Court in the case of R.D. Gupta & Others Vs. Lt. Governor & Others reported in AIR 1987 SC 2086 as follows:-

The set up of the NDMC is that of the integrated unit comprising all the three wings while the set up under the Municipal Corporation Act of the Delhi Municipal Corporation is that its three wings have to function as distinct and independent units. Such being the case, the Delhi Electricity Supply Undertaking is a separate and independent unit of Delhi Municipal Corporation and constitutes an independent body. The DESU has its own budget and consequently it has freedom of action without reference to the other units. (Emphasis supplied) It is thus clear that in MCD each Wing has already been held to be independent and distinct having no role in the other Wing.

19. Respondents have categorically stated that there were three distinct Wings of MCD, namely, General, DWS&SDU and J.J. Slum Department. Each Wing is fiscally and functionally independent with separate budget, separate revenue generation, separate staff and functions, separate recruitment regulations and corresponding service conditions and even their pay structure and service conditions are governed by each separately depending upon nature of work, duties, functions, responsibility in their respective Wings. They have also categorically stated that staff of one Wing is not transferable to the other. It is thus clear that all the three Wings, as mentioned above, are totally independent of each other though they were falling under the MCD.

20. At this juncture it would be relevant to refer to The Delhi Water Board Act, 1998 enacted on 30.3.1998. Delhi Jal Board was constituted under The Delhi Water Board Act, 1998 as per Section 3 thereof. The transfer of assets, liabilities and services relating to water supply and sewerage to the Board is dealt with under Section 46 Chapter-V of the above said Act, which for ready reference reads as under:-

 Chapter-V Transfer of assets, liabilities and services relating to water supply and Sewerage to the Board Transfer of assets liabilities and services

46. (1) From such date the government may appoint by notification in the official Gazette:

(a) The Water Supply and Sewage Disposal Account of the Municipal Fund constituted under the D.M.C. Act, 1957 and all properties, assets and liabilities under the control of the Delhi Water Supply & Sewage Disposal Undertaking immediately before such date, shall vest in the Board;
(b) All properties, assets and liabilities to sewerage under the control of the Municipal Corporation immediately before such date, shall vest in the Board;
(c) All officers and employees of the Delhi Water Supply & Sewage Disposal Undertaking and all such employees of the Municipal Corporation of Delhi who are engaged mainly in connection with water supply and sewage disposal shall become employees of the Board with such designation and discharging such functions as the Board may determine and they shall hold office for the same tenure, and at the same remuneration and on the same terms and conditions, as they would have held if the Board had not been established and shall continue to do so until such tenure and remuneration and terms and conditions are duly altered by the Board.

Provided that the tenure, remuneration and terms and conditions of service of any such officer or employees shall not be altered to his disadvantage without the previous approval of the Government:

Provided further that any services rendered by any other officer or employee before the establishment of the Board shall be deemed to be services rendered under the Board. Provided also that the Board may employ any such officer or other employee in the discharge of such functions under this act as the Board may think proper and every such officer or other employee shall discharge those functions accordingly;
(d) Every employee whose services are transferred under clause (C) of sub-section 10 and who is in lawful occupation of any residential accommodation allotted to him by virtue of his employment, shall subject to such conditions as may be fixed by the Board, be entitled to continue such occupation.
(2)

The Board may take over such assets and liabilities and properties, both movable and immovable, of any existing organization under the control of the Central Government or the Government or of any local authority, with the prior agreement of the Central Government, the Government or the local authority concerned on such terms.

21. From above, it is clear that as per Section 46 (c), all the officers/employees of DWS&SDU became the employees of DJB by virtue of this Statute as all the assets, liabilities and services were vested in the DJB. In other words, it can be stated that DWS&SDU itself was converted into DJB, as such all the employees of DWS&SDU automatically became the employees of DJB. In these circumstances, it is neither correct to say that petitioner had been transferred from MCD to DJB nor any such occasion had arisen when consent of the employee was required to be taken because it cannot be stated that they have been transferred from one department to the other.

22. Counsel for the petitioner had placed reliance on judgment dated 4.9.2009 in the case of Sohanlal Vs. MCD & Another given by the Division Bench of the Tribunal. However, perusal of same shows that it had proceeded on the assumption that the petitioner therein was transferred from one employer to the other, i.e., from DWS&SDU to DJB. It was thus held that there would be a tripartite agreement required. Accordingly it would be necessary to take the consent of the employee. Since no consent was taken, the transfer was bad in law.

23. In the instant case we have already explained above that it is not a case of transfer from one employer to the other but a case where the department (DWS&SDU) itself was renamed or reconstituted or converted as Delhi Jal Board. Therefore, we hold the judgment dated 4.9.2009 in TA 1391/2009 has not laid down the correct law. The above judgment is accordingly overruled.

24. Since this was the only point urged by the counsel for the petitioner, it would be necessary to deal with the factual aspect of the matter as well. Petitioner in this case was admittedly appointed in DWS&SDU vide office order dated 7.3.1989 which for ready reference reads as under:-

Consent upon their selection and submission of acceptance followed by them being declared medically fit, the following are hereby appointed purely on ad hoc basis for a period of 6 months as Assistant Sanitary Inspector (Sewer) in the pay scale of Rs.950-20-1150-EB-25-1500 plus usual allowances as admissible under the rules, in the DWS&SD Undertaking. Their appointment is subject to the final decision of the Honble High Court of Delhi in Writ Petition No.45 of 1988 and shall be governed by the terms and conditions attached.
S.No. Name/Fathers Name S/Shri Posted with
1. Sanjay Sharma/P.N.Sharma 5, Nirmi Colony, Delhi-110052 Posted with ZE(DR) CLZ against newly creates posts.
2. Jagpal/Inderjit Singh V&PO Khera Garhi, Delhi-82. -do- -do-
3. Brij Bhushan Gupta/Chand Mal Gupta A-4/85, Paschim Vihar, New Delhi. ZE(DR)WZ -do-
4. Ranveer Singh/Khacharu Singh R-44, Reeta Block, Shakarpur, Delhi-92. ZE(DR)SPZ -do-
5. Kailash Chand Gupta/Gauri Shankar Gupta 1/488, Gali No.9, Balveer Nagar Extension, Shahdara, Delhi-32. ZE(DR)SPZ -do-
6. Sudhir Kumar/Same Singh WZ-1834-35, Jahangirpuri, Delhi-33. ZE(DR)CLZ -do-
7. Surinder Singh/Ajit Singh 4/18, Jaidev Park, New Delhi-26.
ZE(DR)WZ -do-
8. Sanjay Kumar/Ajit Singh 1/434, Ram Nagar Extension, Loni Road, Shahdara, Delhi-32. ZE(DR)SHD -do-
9. Amrit Sharma/R.D. Sharma 945, Nai Basti, Kuncha Patiram, Bazar Sita Ram, Delhi-6. ZE(DR)CZ -do-
10. Dinesh Kumar/Suraj Singh C/O ZE(DR) II CLZ. ZE(DR)WZ -do-
11. Ripudaman Singh Rajan/B.S. Rajan SE/54, Singalpur, Shalimar Bagh, Delhi-32. ZE(DR)CLZ -do-
12. Shivjee Paswan/Roop Lal Pawan II-A/6, IARI Pusa, Delh-12. ZE(DR)KBZ -do-
13. Jagpal Singh/Ram Dhan 11/1144, Govindpuri, Kalkaji, New Delhi-110019. Posted with ZE(DR) NDZ as ASIO (Sewer) against newly created posts.

(Authority: D.C. (W)s order dated 20.1.1989).

Sd/-

(G.K. Malik) Admn. Officer (G).

Petitioners name figures at S.No.6 in the above said list. It is thus clear that he was appointed in the DWS&SDU Wing only and not in the MCD. It is also relevant to note that after offer of appointment was given to the petitioner, he gave his acceptance also to the Administrative Officer (G) DWS&SDU, which is evident from page 81. It is thus clear that petitioner was appointed in the DWS&SDU. Since counsel for the petitioner strenuously argued that he was posted in CSE Department, it would be relevant to quote Office Order dated 30.12.1998 also which reads as under:-

Under the orders of Dir. CSE-I dated 23.12.1998, Shri Sudhir Kumar Chauhan, ASI (drainage) Rohini Zone is hereby transferred and posted from drainage Rohini CSE department Rohini Zone in diverted capacity with immediate effect.
This is for information and necessary action by all concerned.
Sd/-
Admn. Officer CSE/H

25. From above, it is clear that applicant was posted in CSE in a diverted capacity due to some administrative reasons. Simply because he was posted in CSE department due to some administrative reasons, his status of being an employee of DWS&SDU would not be changed. He would still continue to be an employee of DWS&SDU. In view of above, contention of the petitioner that since he was posted in CSE department, he could not have been transferred to DJB is without any merit. The same is accordingly rejected.

26. The reference made to the Full Bench has to be answered in two parts:

(i) The first part would be whether an employee appointed to DWS&SDU and working in one of the Wings of MCD could be transferred to DJB?
(ii) Whether consent of the employee would be necessary before such transfer?

27. Both the questions are answered as follows:

(i) Since DWS&SDU itself had been vested in DJB by virtue of the Statute, all the officers/employees of DWS&SDU stood transferred automatically to Delhi Jal Board in terms of Section 46 ( c) of DWB Act, 1998. As such it cannot be stated in strict sense that the employees of DWS&SDU were transferred to DJB. They were, in fact, taken over by the DJB by virtue of the Statute. The answer, therefore, is Yes.
(ii) No consent of the employees is required in such circumstances because it is not transfer from one employer to the other but the DWS&DSU Wing itself had been converted as DJB by virtue of the Statute. Therefore, consent of the employee would not be necessary at all.

28. No other point was argued by the counsel for petitioner. We, therefore, are of the opinion that it would be futile exercise to send the matter back to the Division Bench. The TAs are accordingly rejected.

Let a copy of this order be placed in all the TA files.

(DR. R.C.PANDA)      (MRS. MEERA CHBIBBER)              (V.K. BALI)   
      MEMBER(A)               MEMBER (J)                          CHAIRMAN
Rakesh