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4.1 It was mentioned in the letter of engagement that the engagement is purely for the purpose of Project Management Unit (PMU) for Deep Bore Well Secha Karyakrama and has no relationship with regular establishment of OLIC. Further, the offer was said to be valid for a period of one year from the date of joining based on the terms of contract. The engagement of the petitioners was extended for a period of one year from time to time. On 05.02.2018, the petitioners, having completed 8 years of service in their respective posts submitted representation before the opposite party No.2 with prayer for regularization of their services. Since no action was taken they approached this Court in W.P.(C) No.2870 of 2019. By order dated 07.11.2019, this Court directed the opposite party authorities to consider the grievance of the petitioners within a period of two months. On 25.11.2019, the Joint Secretary to Government in Department of Water Resources wrote to the opposite party No.2 that the manpower for State Project Unit (SPU) and Divisional Project Unit (DPU) should be made on re-deployment and outsourcing basis. Therefore, the contractual engagement should be discouraged and replaced by outsourcing manpower before submission of subsequent renewal. By order dated 31.12.2019, the opposite party No.2 rejected the representation of the petitioners on the ground that the same had no merit as the appointment of the petitioners was purely on contractual basis having no relationship with regular establishment of OLIC. 4.2. According to the petitioners, though there are regular vacancies available, the action of the authorities in not regularizing the services of the petitioners is illegal and unacceptable. By order dated 29.02.2020, the opposite party No.2 decided not to extend the engagement of the petitioners from 31.03.2020. Prior to that, the opposite party No.2 issued a request for a proposal on 12.03.2020 for selection of Facility Management Agency to provide facility management services on outsourcing basis through a service contract. Accordingly, 35 posts of Junior Engineer (Mechanical) were advertised including the vacancies against which the petitioners have been continuing since 2011. Further, another set of contractual employees i.e., Diploma Holder Engineers, selected and empaneled by the Government with their services placed under OLIC were terminated from service. They approached this Court in OJC No. 11308 of 2001. This Court, by order dated 06.03.2019 directed the authorities to consider their case and extend the benefit of regularization and also scale of pay as admissible. The order not being complied, contempt applications were filed and ultimately by order dated 13.12.2021, said petitioners were regularized. The petitioners stand on the same footing. It is stated that the petitioners are working against Group-B posts and having completed six years of continuous service, are entitled to be regularized in terms of the Rules framed by the State Government for regularization of contractual employees in 2013.

5.1 BKVY-DBSK started its operation during the year 2010-11 under OLIC for installation of Deep Bore Wells in a massive way in hard rock/hilly tracts of 17 districts in the first phase. Later, it was extended to 26 districts during the year 2011-12. Since it was not possible to operationalize the said scheme with the existing staff of OLIC, a proposal was submitted to Finance Department for approval of PMU so that additional manpower can be hired on redeployment and outsourcing basis. The Finance Department approved the proposal and communicated to OLIC vide letter dated 27.10.2011 for setting up a State Project Unit (SPU) and 10 nos. of Divisional Project Units (DPU) for effective monitoring of works under BKVY-DBSK by sanctioning 26 posts for SPU and 100 posts for 10 DPUs. Such sanction was with stipulation that engagement for the said post shall be on redeployment from OLIC/outsourcing basis. The person concerned who desires to join will submit an undertaking in terms of Finance Department Circular No.55764/F dated 31.12.2004 and engagement would be for the project period only and there would be no claim whatsoever beyond the project period.
5.2 After extending the scheme to 26 districts, another proposal was submitted to Finance Department for constitution of 5 more DPUs and creation of posts. Finance Department in its letter dated 14.02.2012 agreed with the proposal and created 50 posts, out of which 40 posts were to be filled up on redeployment basis and then on outsourcing basis by OLIC.
5.3. As per concurrence of the Finance Department, OLIC was instructed to engage personnel on redeployment from OLIC/outsourcing basis and not on contractual basis.

The Government had also communicated the observations of Finance Department to opposite party No.2 regarding proposal of extension of SPU and DPU for the period from 01.04.2019 to 31.03.2020 in the following manner.

"Man power for SPU and DPU should be made on redeployment and outsourcing basis. Therefore, the Contractual engagement should be discouraged and replaced by outsourcing manpower before submission of subsequent renewal."