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Power to remove difficulty STATEMENT OF OBJECTS AND REASONS Amending Act 62 of 2013.-The High Court of Karnataka in Writ Petition No. 41145-58/2010 (G. Ravi and 3 others) and connected other 3 Writ petitions, has declared that the Karnataka Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis and on adhoc basis in Water resources Services) (Special) Rules, 2002 – are contrary to Article 16(3) as well as Article 14 and 16 of the Constitution of India as void ab initio and further directed that the Government shall initiate recruitment process to the posts which were filled up under the impugned Absorption Rules forthwith and complete the same within a period of six months from the date of the order outer limit being one year. All the persons absorbed/appointed/ regularized under the impugned Rules are permitted to continue in service till the recruitments are made in pursuance of the Karnataka Public Works (Irrigation Services)(Recruitment of Assistant Engineers and Junior Engineers)(Special) Rules, 1998, within a period of one year, whichever is earlier. Further, that eligibility for applying as against these vacancies would be that all persons who possess the requisite educational qualification as well as age as on 11.02.1999, the day on which the aforesaid special rules came into force. Only those persons who possess the requisite qualification as on 11.02.1999 shall be considered for filling up those vacancies which were filled up under the impugned Absorption Rules. Whereas, the Hon'ble Supreme Court has rejected the SLP application bearing No. 38345- 38397/2012 and modified the directions of High Court to the extent that any person who has been 2 working on adhoc basis and was eligible at the initial time of his appointment, can apply in pursuance of any advertisement made even if he has become over aged. The Hon'ble Supreme Court also held that, if the selection process in pursuance of the order of the High Court is not concluded within a period of one year from date of the Court order, any person working in adhoc basis shall cease to work with effect from 13-12-2013. Thereby, the services of large number of Assistant Engineers and Junior Engineers will cease to exist and the interest of the State will be jeoparodised on account of stoppage of ongoing projects undertaken with the aid of World Bank keeping in view Bachavat Award and recent award passed by the Krishna Water Disputes Tribunal Award-II; Whereas, the State of Karnataka is under an obligation to complete ongoing projects and also to undertake further projects to utilize its share of water to serve the large interest of farmers of the State and therefore it is necessary to utilise the long years of service and experience put in by Assistant Engineers and Junior Engineers absorbed in 2002 rules in public interest; Whereas, the Karnataka Public Works (Irrigation Services)(Recruitment of Assistant Engineers and Junior Engineers)(Special) Rules, 1998 - are one time operational rules and it requires certain modification with reference to the age limit applicable to the candidates to be recruited in accordance with the above cited judgments and whereas it is also expedient to provide for protection of the interest of 417 engineers absorbed under the Karnataka Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis and on adhoc basis in Water resources Services) (Special) Rules, 2002 and to consider their long service rendered in the State Government. Hence the Bill. [L.A. Bill No.20 of 2013, File No. Samvyashae 47 Shasana 2013] [Entry 41 of List II of the Seventh Schedule to the Constitution of India.] …… 3 KARNATAKA ACT NO. 62 OF 2013 (First Published in the Karnataka Gazette Extra-ordinary on the Thirteenth day of December, 2013) THE KARNATAKA CIVIL SERVICES (WATER RESOURCE SERVICE) (SPECIAL RECRUITMENT OF ASSISTANT ENGINEERS AND JUNIOR ENGINEERS) ACT, 2013 (Received the assent of the Governor on the twelfth day of December, 2013) An Act to make special recruitment of Assistant Engineers and Junior Engineers in the Karnataka Civil Services (Water Resource Services). Whereas, the High Court of Karnataka in Writ Petition No. 41145-58/2010 (G. Ravi and 3 others) and connected other 3 Writ petitions, has declared that the Karnataka Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis and on adhoc basis in Water resources Services) (Special) Rules, 2002 – are contrary to Article 16(3) as well as Article 14 and 16 of the Constitution of India as void ab initio and further directed that the Government shall initiate recruitment process to the posts which were filled up under the impugned Absorption Rules forthwith and complete the same within a period of six months from the date of the order outer limit being one year. All the persons absorbed/appointed/ regularized under the impugned Rules are permitted to continue in service till the recruitments are made in pursuance of the Karnataka Public Works (Irrigation Services)(Recruitment of Assistant Engineers and Junior Engineers)(Special) Rules, 1998, within a period of one year, whichever is earlier. Further, that eligibility for applying as against these vacancies would be that all persons who possess the requisite educational qualification as well as age as on 11.02.1999, the day on which the aforesaid special rules came into force. Only those persons who possess the requisite qualification as on 11.02.1999 shall be considered for filling up those vacancies which were filled up under the impugned Absorption Rules. Whereas, the Hon'ble Supreme Court has rejected the SLP application bearing No. 38345- 38397/2012 and modified the directions of High Court to the extent that any person who has been working on adhoc basis and was eligible at the initial time of his appointment, can apply in pursuance of any advertisement made even if he has become over aged. The Hon'ble Supreme Court also held that, if the selection process in pursuance of the order of the High Court is not concluded within a period of one year from date of the Court order, any person working in adhoc basis shall cease to work with effect from 13-12-2013. Thereby, the services of large number of Assistant Engineers and Junior Engineers will cease to exist and the interest of the State will be jeoparodised on account of stoppage of ongoing projects undertaken with the aid of World Bank keeping in view Bachavat Award and recent award passed by the Krishna Water Disputes Tribunal Award-II; Whereas, the State of Karnataka is under an obligation to complete ongoing projects and also to undertake further projects to utilize its share of water to serve the large interest of farmers of the State and therefore it is necessary to utilise the long years of service and experience put in by Assistant Engineers and Junior Engineers absorbed in 2002 rules in public interest; 4 Whereas, the Karnataka Public Works (Irrigation Services) (Recruitment of Assistant Engineers and Junior Engineers) (Special) Rules, 1998 - are one time operational rules and it requires certain modification with reference to the age limit applicable to the candidates to be recruited in accordance with the above cited judgments and whereas it is also expedient to provide for protection of the interest of 417 engineers absorbed under the Karnataka Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis and on adhoc basis in Water resources Services) (Special) Rules, 2002 and to consider their long service rendered in the State Government and for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty fourth year of the Republic of India as follows:-