- 1 - NC: 2025:KHC:17412-DB WP No. 18058 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 18058 OF 2023 (S-KSAT) BETWEEN: 1. SRI. MAHABALESHWAR S/O SUBRAYA AGED ABOUT 54 YEARS LITERATE ASSISTANT RANGE FOREST OFFICE MUDUBIDRI, MANGALORE TALUK AND DISTRICT, R/A FOREST QUARTERS MUDUBIDRI, MANGALURU TALUK AND DISTRICT 2. SRI. MATHIAS CARVALLO S/O JOSEPH CARVALLO AGED ABOUT 52 YEARS W/AS ATTENDER OFFICE, OF THE DEPUTY CONSERVATOR OF FORESTS KUNDAPUR, UDUPI DISTRICT KUNDAPUR TALUK, UDUPI DISTRICT …PETITIONERS (BY SRI. T. NARAYANASWAMY, ADVOCATE A/W SRI. ARAVIND H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT, M.S. BUILDING BENGALURU–560 001 Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17412-DB WP No. 18058 of 2023 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (HEAD OF FOREST FORCE) 18TH CROSS, MALLESWARM BANGALORE-560 003 3. THE CONSERVATOR OF FORESTS MANGALORE-565 007 4. THE DEPUTY CONSERVATOR OF FORESTS KUNDAPUR DIVISION KUNDAPUR, UDUPI DIST.-576 201 …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO IMPUGNED ENDORSEMENT BEARING No.Sibbandi/CR/WP9814-9816/KAT/01-02 KUNDAPURA DIVISION, KUNDAPURA DATED 07.12.2016 (ANNEXURE-A16 IN ANNEXURE-B) PASSED BY THE 3RD RESPONDENT PERUSE THE SAME AND ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 24.11.2022 PASSED BY THE A.No-4567 TO 4569/2021 AT ANNEXURE-A PASSED BY THE KSAT BENGALURU AS ILLEGAL ARBITRARY AND CONTRARY TO LAW WITH ALL CONSEQUENTIAL BENEFITS IN SO FAR AS THE PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC:17412-DB WP No. 18058 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The subject matter of this petition is substantially similar to the one in P.JUNJAPPA V/S. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND OTHERS in WP.No.6238/2020 (S-KSAT) connected with WP.No.48123/2019 (S-KSAT), wherein this Bench vide order dated 17.03.2025 has accorded the following relief after dismissing State's WP.No.48123/2019. "(i) Extend pensionary benefits to the respondents in the same manner as granted to other similarly situated employees. (ii) Compute and disburse the arrears of pensionary benefits to the respondents within a period of three months from the date of receipt of a certified copy of this judgment. (iii) Ensure that no further instances of arbitrary denial of pensionary benefits arise in respect of employees who are similarly placed as that of respondents. (iv) A compliance report regarding implementation of this order shall be filed before the Registry of this Court within the stipulated time frame to ensure adherence to the directions issued herein. - 4 - NC: 2025:KHC:17412-DB WP No. 18058 of 2023 (v) Keep the original order in Writ Petition No.6238/2020 and a copy of the same in Writ Petition No.48123/2019 for reference. Despite vehement submission, learned AGA is not in a position to differentiate the fact matrix and legal parameters of the Junjappa decision. It is a fundamental principle of administration of justice that like cases should be decided alike, and if relief is granted to a litigant, the same cannot ordinarily be denied to the similarly circumstanced litigants, subject to all just exceptions. In view of the above, this petition is also allowed and the relief granted to the litigants in Junjappa supra is mutatis mutandis extended to these petitioners as well. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM List No.: 1 Sl No.: 25