JUDGMENT :

The State Government has filed this present appeal being aggrieved by the order passed by the learned Single Judge dated 08.07.2019 in WP.Nos.11604-11607/2013 [K.V.Mudligiraiah & Others vs. The Tumkur Zilla Panchayath and Others].

2. The facts of the case reveal that the respondents before this Court in pursuant to a notification dated 04.04.2011 issued by the Director, Karnataka State Water and Sanitation Mission applied for the post of Coordinator at Taluk and Hobli levels. They were appointed on 21.04.2011. The appointments were made in order to implement a scheme framed by the Government of India under the National Rural Drinking Water Programme (hereinafter referred in short as ‘NRPWP’) and their services were put to an end by order dated 25.10.2012. The reasons assigned for discontinuing their services to an end was for the NRDWP scheme under which the Coordinators were working came to an end and another scheme was introduced by the Government of India i.e. Jal Jeevan Mission (hereinafter referred in short as ‘JJM’). As the scheme itself came to an end, the services of respondents were itself continued. A writ petition i.e. WP.No.11604-11607/2013 was preferred before this Court and no interim order was granted and finally, an order was passed on 08.07.2019 allowing the writ petition directing the respondents therein to permit the petitioners therein to serve as Coordinators under the scheme introduced by the Central Government. This Court has directed the Commissioner, Rural Drinking Water Department to file the affidavit in respect of both the schemes and he has filed an affidavit clarifying that the earlier scheme is not in force and new scheme JJM is in existence. In the affidavit, it has been stated that the existing components/activities of the old scheme are sub-subsumed under the JJM. It has been further stated that the JJM is being implemented for the purpose of providing drinking water for each and every house in the villages.

3. The learned Single Judge relying upon the judgment delivered by this Court in the case of WP.Nos.58147-58148/2013 [Santhosh Kumar H.S. and another vs. State of Karnataka and others] wherein similar issue was involved and has allowed the petition. The judgment delivered in the case of Santhosh Kumar (supra) was subjected to judicial scrutiny before the Division Bench and the Division Bench of this Court by order dated 21.08.2019 has set aside the order passed by the learned Single Judge. The order passed by the Division Bench in paragraphs-2 to 12 reads as under:

“2. Heard the learned Principal Government Advocate appearing for the appellants and the learned counsel appearing for the respondents. By consent, taken up for hearing.

3. The first appellant published an advertisement inviting applications from the eligible candidates to be appointed as Block Resource Coordinators and Cluster Resource Coordinators for conducting various activities under the Scheme launched by the Government of India.

4. The respondents filed a writ petition before the learned Single Judge challenging the action of the State Government which had the effect of directing the respondents to work under the NGOs appointed by the State Government. In paragraph 6 of the impugned order, the learned Single Judge held thus:

“Be that as it may, in case if it is mentioned in the scheme to do so, it is for the respondents to do it as per the notification. Unless and until the scheme permits, it is impermissible for the respondents to create NGOs for the purpose of handing over the workers for service and maintenance. By virtue of the scheme introduced by the Union Government, these workers are permitted to work under the said Scheme and not under NGOs. The petitioners to work under the Scheme under which they have been appointed as long as the scheme continues. The payment, guarantee, terms and conditions are strictly and purely in accordance with the scheme introduced by the Union Government only.”

5. The submission of