SHIVANNA T Vs. M L SHANKARAPPA

JUDGEMENT

(1.) The petitioners in these two batch of writ petitions are before this Court assailing the order dated 14.09.2017, passed by the Karnataka State Administrative Tribunal (hereinafter referred to as 'the Tribunal' for short), rejecting the applications.

(2.) The petitioners were initially appointed as Assistant Engineers and Junior Engineers, on contract basis by virtue of recruitment notification dated 10.04.2003, issued by the Department of Public Works. It is pertinent to note that though the notification dated 10.04.2003, was issued to fill up backlog vacancies of Assistant Engineers and Junior Engineer, instead of regular recruitment, the recruitment was made on contract basis. Thereafter, the petitioners were regularized as Assistant Engineers in accordance with the Karnataka Civil Services (Absorption of persons appointed on contract basis against backlog vacancies in the category of the post of Assistant Engineers and Junior Engineers in the Department of Public Works Engineering, Water Resources and Rural Development and Panchayath Raj) (Special) Rules, 2005 (for short 'Rules, 2005'). However, the absorption of the petitioners and other persons were challenged before this Court on the ground that the absorption would amount to backdoor entry and persons who were qualified were not given opportunity.

(3.) The validity of the Rules, 2005, itself were under challenge and the said Rules were quashed and set aside by the Tribunal. When the order of the Tribunal was sought to be challenged before this Court, this Court by order dated 13.07.2012, in a batch of writ petitions bearing Nos.15314-15378 & 15739- 15750/2009 and connected matters upheld the order of the Tribunal, quashing the Rules, 2005. That decision was taken up before the Hon'ble Supreme Court and the Hon'ble Supreme Court, in Civil Appeal Nos.9337- 9352/2015 and connected matters, by order dated 04.11.2015, upheld the quashment of the Rules, 2005. However, several directions were issued by the Hon'ble Supreme Court noticing the fact that the petitioners have served for more than 11/12 years and at that stage if they are removed from service, the same would cause undue hardship. Therefore, it was directed that the State Government is required to issue a fresh notification calling for recruitment of filling up of the backlog vacancies. However, the same was required to be in compliance with the eligibility and other criteria which were prescribed in Rules, 2001. The Hon'ble Supreme Court further directed that in the selection process, such of the Assistant Engineers and Junior Engineers appointed on contract basis, who do not make the grade, would naturally have to make way in favour of those selected under the directions issued by this Court at Clause (ii) and (iii) specified therein. It was also directed that the erstwhile employees appointed on contract basis, who do not make the grade in the selection, shall be accommodated by the State Government by creating supernumerary posts.