JUDGMENT : The present appeal is arising out of the order dated 15.12.2018 passed by the learned Single Judge in Writ Petition Nos.14252-14268/2017 (G.P.Ananda Vs. State of Karnataka). 2. The undisputed facts of the case reveal that the present appellants were appointed under a scheme known as Swarna Jayanthi Shahari Rozgar Yojana (SJSRY) (for short, hereinafter referred to as ‘Scheme’) purely on contractual basis vide order dated 30.09.1999. The order makes it clear that the appointment of the appellants was for the post of Junior Engineer and it was on contract basis. The only distinction is in respect of degree holder and diploma holder. The Junior Engineers, who were diploma holders, were given pay of Rs.4,575/-p.m., whereas Graduate Engineers were given pay of Rs.6,000/-p.m. However, the post was same i.e., Junior Engineer. 3. The State Government in exercise of powers conferred under Section 323 of the Karnataka Municipalities Act, 1964, framed Rules known as the Karnataka Municipalities (Recruitment of Officers and Employees) Rules, 2004. (hereinafter referred to as ‘Recruitment Rules, 2004’). Under the said Rules, the post of ‘Assistant Engineer’ and ‘Junior Engineer’ finds place. In respect of the post of Assistant Engineer, the qualification prescribed is Bachelor Degree and the post has to be filled up 75% by direct recruitment and 25% by deputation from other departments. Under the same Rules, in Schedule-II Item No. 1, the post of Junior Engineer also finds place. For Junior Engineer post, the required qualification is Diploma in Engineering. The appellants were continued on the post of Junior Engineer. The State Government again, in exercise of powers conferred under Section 323 of the Karnataka Municipalities Act, 1964, in order to regularize the service of contractual employees, has framed The Karnataka Municipalities (Absorption of the employees appointed under the scheme of SJSRY in Urban Local Bodies) Rules, 2005 (for short, the ‘K M (Absorption) Rules, 2005’). The Rule 3 of the aforesaid Rule reads as under:- “3. The Rule 3 of the aforesaid Rule reads as under:- “3. Absorption of employees working under Swarma Jayanthi Shahari Rozgar Yojana Scheme in Urban Local Bodies,-Notwithstanding anything contained in the Rules of recruitment relating to the recruitment of Group ‘C’ posts issued under Section 323(2)(g) of Karnataka Municipalities Act, 1964, Karnataka Municipalities (Recruitment of Officers and Employees) Rules, 2004 and subject to the conditions specified under these rules, the candidates working as Project Officers, Community Organisers, Junior Engineers, Programme Coordinator and Computer Operator under Swarna Jayanthi Shahari Rozgar Yojana Scheme on contract basis mentioned in Column (2) of the Schedule, with effect from the date of commencement of these rules, be absorbed in the corresponding category of post and pay scale specified in column(5) and (6) thereof, respectively in the posts existing under the Karnataka Municipalities (Recruitment of Officers and Employees ) Rules 2004. Provided that no such person shall be absorbed,- i) If he was disqualified for appointment under the Karnataka Municipalities (Recruitment of Officers and Employees) Rules 2004. ii) If he does not possess the required academic qualification specified in the rules of recruitment applicable for recruitment of the said post. Provided further that this proviso is not applicable to the candidates appointed as project officers in terms of Government Order No.UDD 83 UPA 97 dated 10.12.1997. iii) if any post reserved for the persons belonging to the scheduled castes, scheduled tribes or other backward classes to which he was appointed as contract Community Affairs Officers, Community Organisers, Junior Engineers, Programme Coordinators and Computer Operator under Swarna Jayanthi Shahari Rozgar Yojana Scheme, if he is found to be not belonging to such Castes, Tribes or Classes, as the case may be.” 4. It is an undisputed fact that, under the SJSRY Scheme, not a single appointment was made on the post of Assistant Engineer. Therefore, under Rule 3 of KM (Absorption) Rules, 2005, various posts were included for regularization including the post of Junior Engineer. The appellants were also claiming regularization and they were regularized on the post of Junior Engineer only, the names of the appellants finds place under the category of Junior Engineer of the Schedule, meaning thereby, all the Junior Engineers were regularized on the post of Junior Engineer. The appellants were also claiming regularization and they were regularized on the post of Junior Engineer only, the names of the appellants finds place under the category of Junior Engineer of the Schedule, meaning thereby, all the Junior Engineers were regularized on the post of Junior Engineer. The appellants merely because of holding higher qualification, submitted a representation and dehors the Recruitment Rules, an order was issued by the State Government vide Annxure-D dated 29.11.2007, treating them as Assistant Engineers. 5. An audit objection was raised in the matter and it was brought to the notice of the State Government that there was no such post of Assistant Engineer under the Scheme. The appellants were appointed on the post of Junior Engineer. Under the Regularisation Rules, there was no such post of Assistant Engineer. In those circumstances, the State Government has issued another order dated 16.01.2014 conferring status of Junior Engineers upon the appellants and withdrawing the earlier order passed by it. The order was passed by the State Government on 14.09.2015. 6. The present appellants being aggrieved by the aforesaid order dated 14.09.2015, came up before this Court by filing Writ Petition Nos.41185-41197/2015, which were disposed of by the learned Single Judge by quashing the order vide order dated 16.10.2015, as no notice was given to the present appellants and the respondents therein were granted liberty to issue notice and to pass a fresh order. The respondents thereafter have issued notices and passed a fresh order in the matter. Reiterating the earlier order, the appellants have again preferred the fresh writ petitions before this Court and the learned Single Judge has dismissed those writ petitions. 7. Undisputedly, the appellants before this Court were appointed on the post of Junior Engineers and under the Regularization Rules, which were enacted for regularization, included the post of Junior Engineer, besides other posts, there was no provision for regularizing the Assistant Engineer. Rightly so, no one was appointed on the post of Assistant Engineer under the Scheme and therefore, as the appellants have been regularized on the post, they were appointed merely because they were getting some more financial benefits and they are possessing higher degree, it does not mean that they should be regularized on post, on which they were never appointed by the employer. Resultantly, this Court finds no reason to interfere with the order passed by the learned Single Judge. Resultantly, this Court finds no reason to interfere with the order passed by the learned Single Judge. However, as the appellants were granted higher pay-scale of the post of Assistant Engineer, they were certainly not at fault in the matter. The State Government in its wisdom has granted them higher pay-scale and the same was withdrawn later on and therefore only recovery ordered against them is hereby quashed. Accordingly, the appeal is dismissed.