- 1 - HC-KAR NC: 2025:KHC:37136-DB WA No. 1601 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1601 OF 2023 (S-RES) BETWEEN: THE MANAGING DIRECTOR CASHEW DEVELOPMENT CORPORATION LTD., (GOVERNMENT OF KARNATAKA UNDERTAKING) REGISTERED AND CENTRAL OFFICE, ABBAKKANAGARA, 1ST MAIN ROAD, KOTTARA, MANGALURU - 575 006 …APPELLANT (BY SRI. H P GANGESH GOWDA, ADVOCATE) AND: 1. SRI. IMAM HUSENSAB S/O SRI TIPPUSAB, AGED ABOUT 63 YEARS R/AT RANGANATH BADAVANE II CROSS, TALUK OFFICE ROAD, JAGALUR TOWN, DAVANAGERE DISTRICT - 577 528 2. SRI. OLVIN PETER D SOUZA S/O SRI SYLVESTER D SOUZA, AGED ABOUT 63 YEARS, R/AT DOOR NO. 2-12-1054/5 1ST CROSS, BEJAI NEW ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37136-DB WA No. 1601 of 2023 BEJAI POST, MANGALURU - 575 004 D.K.DISTRICT 3. SRI. BASAVARAJAPPA, S/O SRI URIYAPPA AGED ABOUT 65 YEARS R/AT 7TH WARD, K.E.B.ROAD, ARKALAGUDU POST, HASSAN DISTRICT - 573 101. 4. SRI M SATHYAPPA, S/O SRI HANUMANTHAPPA AGED ABOT 66 YEARS, R/AT RAYANAHALLI VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577502 5. SRI BAKKAPPA, S/O SAMBANNA, AGED ABOUT 68 YEARS, R/AT NEEMA HOSSOLI, CHINCHOLI TALUK, GULBARGA DISTRICT - 585 307 6. STATE OF KARNATAKA DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY M.S.BUILDING BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. V.S. NAIK, ADVOCATE FOR R1-R5, SRI. M.N. SUDEV HEGDE, AGA FOR R6) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.09.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-9870/2021. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37136-DB WA No. 1601 of 2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned counsel for the appellant as well as the learned counsel for the respondents. 2. It is submitted by the learned counsel for the appellant that the appellant has financial constraints which was a reason for not extending the benefit of advance increment to retired employees of the appellant. It is submitted that the appellant has specific service rules and therefore, the direction that the benefit extended to Government servants should be extended to the employees of the appellant as well, may not be just and proper. 3. We have considered the contentions advanced. 4. It is evident that the Circular issued by the Government directing the grant of advance increments to persons who have completed SSLC examination with Kannada as the optional language has been adopted by the Corporation in its 125th Board meeting held on 25.06.2005. The learned - 4 - HC-KAR NC: 2025:KHC:37136-DB WA No. 1601 of 2023 Single Judge, having considered the contentions advanced on both sides and the documents and materials on record has held that, since the Corporation has adopted the Circulars issued by the Government and has paid the additional increment to all its serving employees, there is absolutely no justification for denial of said benefit to its erstwhile employees as well. 5. Having considered the contentions advanced and the pleadings and materials on record, we are of the opinion that, no grounds have been raised in this appeal justifying any interference with the finding of the learned Single Judge on the merits of the case. The appeal therefore fails and the same is accordingly dismissed. Pending Interlocutory Applications, if any, shall stand disposed of. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV/List No.: 1 Sl No.: 22