The KARNATAKA CIVIL SERVICES (WATER RESOURCE SERVICE) (SPECIAL RECRUITMENT OF ASSISTANT ENGINEERS AND JUNIOR ENGINEERS) ACT, 2013

KARNATAKA ACT NO. 62 OF 2013 
THE KARNATAKA CIVIL SERVICES (WATER RESOURCE SERVICE) (SPECIAL 
RECRUITMENT OF ASSISTANT ENGINEERS AND JUNIOR ENGINEERS) ACT, 2013 
Arrangement of Sections 
STATEMENT OF OBJECTS AND REASONS 
Sections: 
1. Short title commencement and application  
2. Definition 
3. Selection Authority 
4. Age 
5. Qualification 
6. Application for Recruitment 
7. Method of Selection of Candidate 
8. Appointment of candidates 
9. Period of operation of the Selection List 
10. Liability of Candidates to serve in any part of the State 
11. Counting of previous service 
12. Application of other Rules 
13. 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 ser vice 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 requis ite 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 t he 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 t hose 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 N o. 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 wat er 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 si xty fourth year of the Republic of 
India as follows:- 
1. Short title commencement and application. - (1) This Act may be called the Karnataka 
Civil Services (Water Resources Services) (Special Recruitment of Assistant Engineers and Junior 
Engineers) Act, 2013. 
 (2) It shall come into force at once. 
 (3) Notwithstanding anything contained in the Karnataka Civil Services (General Recruitment) 
Rules, 1977 or in the Karnataka Public Works (Irrigation Services) (Recruitment) Rules, 1988 or in 
any other rule made or deemed to have been made under the Karnataka State Civil Services Act, 
1978 (Karnataka Act 14 of 1990) or in any Judgment, decree or Order of any Court, Tribunal or 
Authority this Act shall apply to the direct  recruitment to 550 or such additional number of vacancies 
as may be notified by the State Government in the categories of Posts of Assistant Engineers and 
Junior Engineers in the Karnataka Civil Services (Water Resource Services): 
Provided that nothing in this Act shall apply to more than one recruitment. 
2. Definition.- (1) In this Act, unless the context otherwise requires,-  
(a) "Adhoc or Contract Assistant Engineers or Junior Engineers" means the adhoc or 
contract Assistant Engineers or Junior Engineers as defined and absorbed into the 
Karnataka Public Works (Irrigation Service) 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; 
(b)  "selection authority" means s uch officer or authority as the State Government may by 
order specify in this behalf. 
(2) The words and expressions used in this Act but not defined herein shall have the 
same meaning as in the Karnataka State Civil Services (General Recruitment) Rules, 1977. 
3. Selection Authority. -(1) The selection of candidate for the Posts of Assistant 
Engineers and Junior Engineers under this Act shall be made by the Selection Authority. 
(2) The selection authority shall prepare a list of selected candidates in accordance 
with section 7. 
4. Age.-The candidate who are eligible as on 11- 02-1999 in accordance with the age 
limit specified in rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977 
shall only be eligible to apply for the recruitment under this Act: 
 5 
Provided that the upper age limit prescribed shall be relaxed in respect of adhoc or 
contract Assistant Engineers or Junior Engineers as on 11 -02-1999 by such number of years 
they have served on Adhoc or contract basis. 
5. Qualification.- The qualification for the purpose of recruitment under this Act, to the 
post of Assistant Engineers and Junior Engineers shall respectively be the qualification 
specified for the post of the Assistant Engineers and Junior Engineers in the Karnataka Public 
Works (Irrigation Service) (Recruitment) Rules, 1998 as on 11- 02-99.  The candidates who 
possessed with the above qualification as on 11-02-99 shall only be eligible to apply. 
6.  Application for Recruitment.- Selection Authority shall advertise the vacancies in 
the official Gazette specifying the conditions of eligibility, the nature of selection, the number 
of vacancies to be filled and classification in accordance with the orders of reservation in force 
and invite applications from the intending candidates.  Abstr act of such advertisement shall 
also be published in two news papers having wide circulation in the State. 
7. Method of Selection of Candidate. - (1) The selection Authority shall on the basis 
of the aggregate percentage of marks secured by the candidates in the qualifying examination 
and taking into consideration the weightage allowed under this Act, and subject to orders in 
force providing for reservation for posts for the Scheduled Castes, Scheduled Tribes and 
other Backward Classes or any other reservati on as per law in force prepare in the order of 
merit, lists of candidates eligible for appointment under this Act to the posts of Assistant 
Engineers and Junior Engineers.  If the marks obtained by two or more applicants are equal 
the order of merit in res pect of such candidates shall be fixed on the basis of their age, the 
older in age being placed above the younger: 
Provided that in case of determination of income for the purpose of reservation of 
posts, salary income of the adhoc or contract Assistant En gineers or Junior Engineers shall 
not be taken into consideration. 
(2) The number of candidates to be selected under sub -section (1) shall be equal to 
the number of Vacancies notified: 
Provided that while preparing the above lists, 
(a) A weightage of five perc ent for each year of service subject to a maximum of 
thirty percent shall be added to the percentage of total marks secured by the 
candidate in the qualifying examination, if such candidate has served as 
Assistant Engineer or Junior Engineer, as the case m ay be in the Irrigation 
Department in the State; and 
(b) a weightage of one percent shall be added to the percentage of marks secured 
in the qualifying examination in respect of the candidates belonging to displaced 
families. 
Explanation 1.- For the purpose of  the weightage under Clause (a), service 
rendered for fraction of a year shall also be reckoned as service rendered for a 
whole year. 
 6 
Explanation 2.- Displaced family in relation to a person means the individual, 
the husband or wife as the case may be, or such individual and their son and un-
married daughter residing with them and dependent on them for livelihood and 
such person being a tenure holder, tenant, Government lessee or owner of 
property has been displaced from this land or other property on account of 
acquisition of such land including a plot in the Gramathana or other property in the 
affected zone for the purpose of the Irrigation project.  The 'Authority' for issuing 
the certificate relating to a displaced family shall be the Deputy Commissioner. 
(3) The select list shall be published on the notice board of the office of the Selection 
Authority and in the official Gazette and a copy there of shall be sent to the Appointing Authority. 
8. Appointment of candidates. -(1) The candidates whose names ar e included in the 
selection list made available by the selection Authority shall be appointed by the appointing Authority 
in the order in which their names appear in the final select list.  Before such appointment, the 
Appointing Authority shall satisfy it self regarding the suitability of candidate for appointment with 
reference to their antecedents character and physical fitness in accordance with the provisions of the 
Karnataka Civil Services (General Recruitment) Rules, 1977. 
(2) Inclusion of name of a c andidate in the select list shall not confer any right on the 
candidate for appointment. 
(3) The entire process of selection of eligible candidates and notifying such names shall as far 
as may be completed within one year from the date of commencement of this Act.  
9. Period of operation of the Selection List.-The list of candidates selected by the Selection 
Authority and assigned to the Appointing Authority shall be valid till all the candidates included in the 
list are appointed. 
10. Liability of Candidat es to serve in any part of the State. - The candidates selected 
under this Act and appointed shall be liable to serve in any part of the State. 
11. Counting of previous service. - Notwithstanding anything contained in any Judgment, 
decree or Order of any Court, Tribunal or Authority or any other Law for the time being inforce,-  
(1) The Adhoc or Contract Assistant Engineers or Junior Engineers shall be continued to work 
in the  post with the same terms and conditions  in which they are holding on the tenth day of 
December, 2013 as if they have been recruited regularly, subject to application of all other rules 
relating to conditions of service, till the recruitment process under this Act is completed.  
(2) The service rendered by adhoc or contract Assistant Engineers or Junior Engineers before 
the commencement of 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 shall not count for the purpose of leave, pay, pension or seniority: 
Provided that the service rendered by adhoc or contract Assistant Engineers or Junior 
Engineers in the Public Works (Irrigation Service) after the commencement of the Karnataka State 
Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis 
 7 
and adhoc basis in the Water Resource Service) (Special) Rules 2002 and before the 
commencement of this Act shall count for the purpose of leave, pay, pension or seniority:   
Provided further that fixation and protection of pay shall be notional and they shall not be 
eligible for any arrears of salary.  
12. Application of other Rules. - The provisions of the Karnataka Civil Services Rules, the 
Karnataka Civil Services (General Recruitment) Rules, 1977, the Karnataka Civil Services (Conduct) 
Rules,  1966 and all other rules made or deemed to have been made under the Karnataka State Civil 
Services Act, 1978, in so far as they are not inconsistent with the provisions of this Act shall be 
applicable to the persons selected and appointed under this Act. 
13. Power to remove difficulty.- If any difficulty arises in giving effect to the provisions of this 
Act, the Government may, by general or special order, make such provisions as it appears  to be 
necessary or expedient to remove the difficulty.     
The above translation of the PÀ£ÁðlPÀ ¹«¯ï ¸ÉêÉUÀ¼ÀÄ (d®¸ÀA¥À£ÀÆä® ¸ÉêÉ) (¸ÀºÁAiÀÄPÀ EAf¤AiÀÄgÀÄUÀ¼À 
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in the Official Gazette under cluase (3) of Article 348 of the Constitution of India.  
 
H.R.BHARDWAJ 
GOVERNOR OF KARNATAKA 
 
By Order and in the name of the Governor of Karnataka 
 
K.B. CHANGAPPA 
Secretary to Government (I/C) 
Department of Parliamentary 
Affairs & Legislation 
 
 
 
 
 
 
 
 
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