N. KUMAR J.

In these batch of writ petitions the petitioners have challenged the order passed by the Karnataka Administrative Tribunal at Bangalore dt.9.4.2010 dismissing the applications filed by the applicants challenging the constitutional validity of Karnataka State Civil Services (Absorption of Asst. Engineers and Junior Engineers appointed on contract basis and on ad-hoc basis in the water resource services) (Special) Rules, 2002 (for short Absorption Rules).

BACKGROUND

2. The Upper Krishna Project was started by the Government of Karnataka during the year 1964. The project was envisaged to provide irrigation facilities to the lands in the basis area covering the then Bijapur, Gulbarga, Bidar, Raichur and Bellary Districts which are chronic deficit rain fall areas. To utilise its share of river water, the State was required to complete the project within a definite time frame and any delay would have endangered the project itself with the lower riparian States insisting that actual utilisation should be taken as the basis for inter-State sharing of river waters. Even after 30 years of commencement of the project, there was absolutely dismal progress and completion of the project was nowhere in site. Faced with the problems arising out of lack of progress in the project consequent failure to provide irrigation facilities in the proposed project area, the State Govt, had to find a way out to see that work on the project is speeded up. On the ground that the delay in recruitment of Asst. Engineers and Junior Engineers was impeding the progress of UKP and there was need for accelerating the work in UKP, the State Government took a decision to fill up the vacant posts locally for a temporary period. During the year 1991 the Government decided to appoint Assistant Engineers and Junior Engineers on contract basis by appointing persons hailing from the 5 districts situated in the project area.

FACTUAL MATRIX

3. The Chief Engineers of Water Resource Development Organisation Committee, issued notification dated 15.6.91 inviting applications from eligible candidates for the post of Asst. Engineers for UKP under Karnataka State Civil Services (Recruitment Committee) 1982 in consonance with recruitment Rules 1973 and Irrigation Cadre and Recruitment) rules published in 1989 and amended from time to time. The total number of vacancies to be filled up is 300. The notification stated that it was issued in pursuance of the Government order dated 1.6.1991 and letter dated 6.6.1991 and 14.6.1991. Some of the applicants before the tribunal applied in pursuance of the said notification. However, on the pretext that there is the urgent need for filling up the large number of vacancies in the Engineering Cadres in Upper Krishna Project, the Government decided to recruit 300 Assistant Engineers and 150 Junior Engineers on Contract basis. Therefore, they decided to cancel the process of recruitment of 300 Assistant Engineers already initiated by the Chief Engineer, Water Resources Development Organisation through its Notification dated 18th June 1992. The said proposal was approved by the Cabinet in its Meeting held on 15th October, 1992. Thereafter, the Government constituted a Recruitment Committee consisting of Engineer-in-Chief cum Project Co-Ordinator, UKP, Almati, Engineer-in-Chief cum Project Co-ordinator, Cauvery Basin Projects, Mysore, Chief Engineer, Water Resources Development Organisation, Bangalore. It was made clear that regarding the appointment of Assistant Engineers, the Recruitment Committee shall consider the applications already received by the Chief Engineers Water Resources Development Organisation for recruitment of Assistant Engineers through his Notification dated 19th October 1992, and also receive fresh applications from the eligible candidates by obtaining the list of candidates from the concerned Employment Exchange. As regards the appointment of Junior Engineers, the Recruitment Committee shall receive appl