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2025 DAILYLAW 18055 (KAR)

SRI RAJAPPA v. THE STATE OF KARNATAKA

WP/5775/2025 · 2025-03-19

R Nataraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:11308 WP No. 5775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5775 OF 2025 (S-RES) BETWEEN: 1. SRI. RAJAPPA S/O THIMMEGOWDA AGED ABOUT 50 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE MALEYUR RANGE, KALKERE BANDIPURA DIVISION CHAMARAJANAGARA CIRCLE CHAMARAJANAGARA DISTRICT – 571 111. 2. SRI. CHANDRASHEKAR S/O BELUREGOWDA AGED ABOUT 51 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, A.M.GUDI RANGE KALKERE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, CHAMARAJANAGARA DISTRICT – 571 111. 3. SRI. BASAVARAJU, S/O LATE. NANJUNDANAIKA AGED ABOUT 56 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11308 WP No. 5775 of 2025 A.M.GUDI RANGE KALKERE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, CHAMARAJANAGARA DISTRICT – 571 111. 4. SRI. MAHADEVA S/O. KALAIAH AGED ABOUT 47 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, A.M.GUDI RANGE KALKERE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, CHAMARAJANAGARA DISTRICT – 571 111. 5. SRI. ABDUL HANEEF S/O. ABDUL ARIEF, AGED ABOUT 46 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, O/O. GUNDLUPETE BUFFER ZONE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, CHAMARAJANAGARA DISTRICT – 571 111. 6. SRI. AKRAM PASHA S/O. KAREEM SAB, AGED ABOUT 47 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, O/O. GUNDLUPETE BUFFER ZONE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, - 3 - NC: 2025:KHC:11308 WP No. 5775 of 2025 CHAMARAJANAGARA DISTRICT – 571 111. 7. SRI. RAJAPPA, S/O. GOVINDAPPA, AGED ABOUT 56 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU – 560 082. 8. SRI. GALAPPA, S/O. SIDDALINGAIAH, AGED ABOUT 47 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU – 560 082. 9. SRI. JAYARAMAIAH, S/O. CHIKKARAMAIAH, AGED ABOUT 46 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU – 560 082. 10. SMT. JAYASHEELA, D/O. ANANDA AGED ABOUT 48 YEARS PRESENTLY WORKING AS NURSERY ‘D’ GROUP - 4 - NC: 2025:KHC:11308 WP No. 5775 of 2025 RANGE FOREST OFFICE, MANDYA RANGE MANDYA, MANDYA DISTRICT – 571 401. 11. SRI. RAMESH, S/O. THAMMAIAH AGED ABOUT 48 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, MADDUR RANGE MADDUR, MANDYA DISTRICT – 571 428. 12. SRI. NANJUNDA S/O. BANNAIAH AGED ABOUT 45 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, MANDYA RANGE, MANDYA DISTRICT – 571 438. 13. SRI. THULASIKUMAR @ THULASI S/O. NARAYANAPPA AGED ABOUT 40 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, SRIRANGAPATNA RANGE, SRIRANGAPATNA, MANDYA DISTRICT – 571 438. 14. SRI. NAGARAJU.C.M. S/O. MAADHU AGED ABOUT 47 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ - 5 - NC: 2025:KHC:11308 WP No. 5775 of 2025 GROUP RANGE FOREST OFFICE, MALAVALLI TERRITORIAL RANGE, MANDYA DISTRICT – 571 438. 15. SRI. SIDDAYYA S/O. JAVAREGOWDA AGED ABOUT 56 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, MALAVALLI TERRITORIAL RANGE, MANDYA DISTRICT – 571 438. 16. SRI. GOPAL S/O.LAKSHMAYYA AGED ABOUT 47 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, MALAVALLI TERRITORIAL RANGE, MANDYA DISTRICT – 571 438. 17. SMT. RAJAMMA. S/O.LATE MAHADEVAPPA. AGED ABOUT 54 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, MALAVALLI TERRITORIAL RANGE, MANDYA DISTRICT – 571 438. 18. SRI. JAGADEESH.C. S/O. DODDEGOWDA AGED ABOUT 56 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ - 6 - NC: 2025:KHC:11308 WP No. 5775 of 2025 GROUP RANGE FOREST OFFICE, MALAVALLI TERRITORIAL RANGE, MANDYA DISTRICT – 571 438. 19. SRI. NANJUNDASWAMY.A.S.@ NANJUNDA S/O. SIDDAPPA AGED ABOUT 47 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, MADDUR RANGE, MANDYA DISTRICT – 571 438. 20. SRI. SHIVARAMU, S/O. BILIYAIAH, AGED ABOUT 54 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, MADDUR RANGE MADDUR, MANDYA DISTRICT – 571 428. 21. SRI. G.H.RAJU, S/O. VANNA, AGED ABOUT 52 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, WILDLIFE RANGE, NAGARAHOLE, HUNSURU, MYSURU DISTRICT – 571 105. 22. SRI. CHANDRA J.A. S/O. APPANNA, AGED ABOUT 45 YEARS - 7 - NC: 2025:KHC:11308 WP No. 5775 of 2025 PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, WILDLIFE RANGE, NAGARAHOLE, HUNSURU, MYSURU DISTRICT – 571 105. 23. SRI. SHIVAIAH S/O. CHALUVAIAH AGED ABOUT 53 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, PERIYAPATNA TERRITORIAL RANGE, HUNSURU DIVISION, MYSURU DISTRICT – 571 105. 24. SRI. GANESHA S/O. ERAIAH AGED ABOUT 53 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, PERIYAPATNA TERRITORIAL RANGE, HUNSURU DIVISION, MYSURU DISTRICT – 571 105. 25. SRI. SOMAIAH K.V. S/O. VENKATAPPA AGED ABOUT 53 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, PERIYAPATNA TERRITORIAL RANGE, HUNSURU DIVISION, MYSURU DISTRICT – 571 105. - 8 - NC: 2025:KHC:11308 WP No. 5775 of 2025 26. SRI. SHREEKANTA S/O. BASASHETTY AGED ABOUT 48 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, PERIYAPATNA TERRITORIAL RANGE, HUNSURU DIVISION, MYSURU DISTRICT – 571 105. 27. SRI. H.K.RAMESH S/O. KARAYAIAH AGED ABOUT 51 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, PERIYAPATNA TERRITORIAL RANGE, HUNSURU DIVISION, MYSURU DISTRICT – 571 105. 28. SRI. SHANKAR. H.R. S/O.RUDRAYYA, AGED ABOUT 50 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, WILDLIFE KODAGU CIRCLE, MADIKERE DISTRICT – 571 201. 29. SRI. CHANDRA.K.K. S/O. KUYANNA, AGED ABOUT 50 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, SAMPAJE RANGE, - 9 - NC: 2025:KHC:11308 WP No. 5775 of 2025 KODAGU DISTRICT – 571 201. 30. SRI. KOOSAPPA.S S/O. BALANNA.S AGED ABOUT 48 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, SAMPAJE RANGE, KODAGU DISTRICT – 571 201. 31. SRI. HARISCHANDRA.A.K. S/O.KEPU.K, AGED ABOUT 46 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, SHANIVARASANTHE RANGE, KODAGU DISTRICT – 571 201. 32. SRI. MANJUNATH.L.M. S/O. LATE MUNISWAMY AGED ABOUT 44 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, BAGAMANDALA RANGE, KODAGU DISTRICT – 571 201. 33. SRI. DIVAKAR.M.P. S/O. PUVAYYA AGED ABOUT 46 YEARS PRESENTLY WORKING AS FOREST WATCHER ‘D’ GROUP RANGE FOREST OFFICE, SOMAVARAPET RANGE, - 10 - NC: 2025:KHC:11308 WP No. 5775 of 2025 KODAGU DISTRICT – 571 201. 34. SRI. SRINIVASA.M. S/O. LATE MUTTAPPA AGED ABOUT 48 YEARS PRESENTLY WORKING AS DRIVER RANGE FOREST OFFICE, ANEKAL RANGE, BENGALURU URBAN DISTRICT- 562 106. …PETITIONERS (BY SRI. BASAVARAJA PATEL G K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT M.S. BUILDING BENGALURU - 560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF THE FOREST FORCE.) ARANYA BHAVANA 3RD FLOOR 18TH CROSS, MALLESHWARAM. BENGALURU – 560 003. 3. THE SECRETARY DEPARTMENT OF PERSONAL ADMINISTRATION REFORMS, VIDHANA SOUDHA, BENGALURU – 560 001. - 11 - NC: 2025:KHC:11308 WP No. 5775 of 2025 4. THE DEPUTY CONSERVATOR OF FORESTS ARANYA BHAVANA 3RD FLOOR 18TH CROSS, MALLESHWARAM. BENGALURU – 560 003. 5. THE RANGE FOREST OFFICER, MALEYUR RANGE, KALKERE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, CHAMARAJANAGARA DISTRICT – 571 111. 6. THE RANGE FOREST OFFICER, A.M.GUDI RANGE KALKERE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, CHAMARAJANAGARA DISTRICT – 571 111. 7. THE RANGE FOREST OFFICER, O/O. GUNDLUPETE BUFFER ZONE, BANDIPURA DIVISION, CHAMARAJANAGARA CIRCLE, CHAMARAJANAGARA DISTRICT – 571 111. 8. THE RANGE FOREST OFFICER, KAGGALIPURA RANGE BENGALURU SOUTH SUB-DIVISION, BENGALURU – 560 082. 9. THE RANGE FOREST OFFICER, MADDUR RANGE MADDUR, MANDYA DISTRICT – 571 428. 10. THE RANGE FOREST OFFICER, MANDYA RANGE MANDYA, MANDYA DISTRICT – 571 401. - 12 - NC: 2025:KHC:11308 WP No. 5775 of 2025 11. THE RANGE FOREST OFFICER, SRIRANGAPATNA RANGE, SRIRANGAPATNA, MANDYA DISTRICT – 571 438. 12. THE RANGE FOREST OFFICER, MALAVALLI TERRITORIAL RANGE, MANDYA DISTRICT – 571 438. 13. THE RANGE FOREST OFFICER, WILDLIFE RANGE, NAGARAHOLE, HUNSURU, MYSURU DISTRICT – 571 105. 14. THE RANGE FOREST OFFICER, PERIYAPATNA TERRITORIAL RANGE, HUNSURU DIVISION, MYSURU DISTRICT – 571 105. 15. THE RANGE FOREST OFFICE, WILDLIFE KODAGU CIRCLE, MADIKERE DISTRICT – 571 201. 16. THE RANGE FOREST OFFICE, SAMPAJE RANGE, KODAGU DISTRICT – 571 201. 17. THE RANGE FOREST OFFICE, SHANIVARASANTHE RANGE, KODAGU DISTRICT – 571 201. 18. THE RANGE FOREST OFFICE, BAGAMANDALA RANGE, KODAGU DISTRICT – 571 201. - 13 - NC: 2025:KHC:11308 WP No. 5775 of 2025 19. THE RANGE FOREST OFFICE, SOMAVARAPET RANGE, KODAGU DISTRICT – 571 201. 20. THE RANGE FOREST OFFICE, ANEKAL RANGE, BENGALURU URBAN DISTRICT- 562 106. …RESPONDENTS (BY SRI. SHIVAPRABHU S HIREMATH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CONSIDER THE CLAIM OF THE PETITIONERS FOR THE SERVICE BENEFITS IN TERMS OF THE KARNATAKA DAILY WAGE EMPLOYEES WELFARE ACT 2012 VIDE ANNEXURE-D, BY HOLDING THEM ELIGIBLE FOR THE BENEFITS UNDER THE SAID ACT FOR THE LONG SERVICES RENDERED BY THE PETITIONERS WITH ALL MONETARY BENEFITS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ - 14 - NC: 2025:KHC:11308 WP No. 5775 of 2025 ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to consider their claim under the Karnataka Daily Wage Employees Welfare Act, 2012 (Annexure-D) and to direct the respondents to pay monthly payment of Rs.1,000/- from 2009 and Rs.2,000/- from 2012 as per the Government Orders dated 11.06.2009 and 31.07.2012 vide Annexure - B and C passed by the 3rd respondent-Department of Personnel and Administrative Reforms (DPAR). 2. The petitioners contend that they are all daily wage employees working on casual basis in the Department of Forest in various ranges. All of them have completed ten years of service as on 10.04.2006. They all contend that the State Government had decided to engage labourers through private contractors, even though there is a prohibition in law that such labourers should not be exploited either by the department or by the contractors. They contend that the respondents have allowed exploitation of labour by enrolling the petitioners and not giving them the pay equivalent to that of a regular employee. They contend that the State Government by order dated 11.06.2009 and 31.07.2012 had enhanced the daily - 15 - NC: 2025:KHC:11308 WP No. 5775 of 2025 wages by Rs.1,000/- and Rs.2,000/- but the respondents have not granted the same in so far as the petitioners are concerned. 3. They also contend that they are discriminated vis a vis other employees who were similarly placed and they are not granted the benefits that are given to other labourers under the Karnataka Daily Wage Employees Welfare Act, 2012. They also contend that they have made several representations before respondent No.2 to extend the benefits under the Karnataka Daily Wage Employees Welfare Act, 2012 and for not enhancing the wage as per the orders of the State Government. However, the respondents have neither considered their requests nor enhanced the daily wages payable as per the orders of the State Government. Hence, the petitioners are before this Court seeking for directions to the respondents to grant the benefits under Karnataka Daily Wage Employees Welfare Act, 2012 and also to direct the respondents to pay monthly payment of Rs.1,000/- from the year 2009 and Rs.2,000/- from the year 2012 as per the Government Order dated 11.06.2009 and 31.07.2012. - 16 - NC: 2025:KHC:11308 WP No. 5775 of 2025 4. Learned counsel for the petitioners contends that Co-ordinate Bench of this Court in W.P.No.29873/2024 and other connected petitions had directed the respondents to consider the representations of similarly placed persons. Therefore, he prays that this writ petition may also be disposed of on the same terms. 5. Learned AGA for respondents submitted that the facts on hand is distinguishable from the facts in W.P.No.29873/2024 and other connected writ petitions. He contends that in the latter case, there were communications addressed by the concerned officers to the authorities for extension of the benefits payable under Karnataka Daily Wage Employees Welfare Act, 2012, while in the present case there is no such communication. 6. I have considered the submissions made by the learned counsel for the petitioners and the learned AGA for respondents. 7. The petitioners have all joined the services of the respondents between 1984 to 1996. It is not the case of the respondents that there is break in the service rendered by the - 17 - NC: 2025:KHC:11308 WP No. 5775 of 2025 petitioners. If the petitioners continue to serve the respondents, they are entitled to the benefits payable under the Karnataka Daily Wage Employees Welfare Act, 2012. Similarly, the State Government had issued an order dated 11.06.2009 and 31.07.2012 enhancing the daily wages by Rs.1,000/- and Rs.2,000/- respectively. Therefore, the petitioners are entitled to the benefit of the said enhanced wages. The petitioners have all contended that they have submitted representations requesting the respondents to extend the benefits under the Karnataka Daily Wage Employees Welfare Act, 2012 and to pay the enhanced wages. If that be the case, the respondents have to consider the requests of the petitioners and dispose of the representations in accordance with law. 8. In that view of the matter, the writ petition is disposed of directing the petitioners to file appropriate representations before the respondents along with copy of this order claiming the benefits under the Act of 2012 as well as the enhanced wages under the Government orders referred above within one month from today. The concerned respondents shall consider the claims of the respective petitioners within a period - 18 - NC: 2025:KHC:11308 WP No. 5775 of 2025 of 3 months from the date of receipt of copy of this order and pass appropriate orders. In order to ensure compliance of the above, list this petition on 01.08.2025. Sd/- (R. NATARAJ) JUDGE JS List No.: 1 Sl No.: 34