- 1 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1443 OF 2025 (S-RES) BETWEEN: 1. SRI. NAGESH C.R., S/O SRI. RAMEGOWDA, AGED ABOUT 47 YEARS, WORKING AS DRIVER OF THE SAFARI VEHICLE AT BANNERUGHATTA NATURE CAMP, R/AT: JUNGLE LODGE AND RESORTS, BANNERUGHATTA NATURE CAMP, BANNERUGHATTA, BENGALURU - 560 083. PRESENTLY RESIDENT OF NO.159, CHIKKA HAROHALLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 415. 2. SRI. BASAVARAJ H.R., S/O LATE RANGAIAH, AGED ABOUT 47 YEARS, WORKING AS GENERAL UTILITY WORKER AT JUNGLE LODGE AND RESORTS KYATHADEVARAYANAGUDI CHAMARAJNAGAR DISTRICT R/AT HONAGANUR VILLAGE AND POST CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-DISTRICT 571313 …APPELLANTS (BY SRI. BASAVARAJU P., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 AND: 1. STATE OF KARNATAKA, DEPARTMENT OF TOURISM, VIKASA SOUDHA, BENGALURU - 560 001. REP. BY PRINCIPAL SECRETARY 2. JUNGLE LODGE AND RESORT LTD., (A GOVERNMENT OF KARNATAKA UNDERTAKING), NO.49, WEST WING GROUND FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR 3. JUNGLE LODGE AND RESORT LTD., (A GOVERNMENT OF KARNATAKA UNDERTAKING) NO.49, WEST WING GROUND FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. REPRESENTED BY ITS ADDL. PRINCIPAL DIRECTOR 4. JUNGLE LODGE AND RESORT LTD., (A GOVERNMENT OF KARNATAKA UNDERTAKING), BANNERGATTA NATURE CAMP, BANNERGATTA, BENGALURU - 560 083. REP. BY RESIDENT MANAGER 5. SRI. M.MANJUNATH, S/O SRI. G.C. MADEGOWDA, AGED ABOUT 55 YEARS, WORKING AS ASSISTANT STEWARD - 3 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 AT BANNERUGATTA NATURE CAMP, BANNERUGHATTA, BENGALURU - 560 083. R/AT: BOLARE VILLAGE AND POST, UTTARAHALLI HOBLI, BENGALURU - 560 082. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI. MITHUN G.A. ADVOCATE FOR R2 TO R4, R5 SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED:08.04.2025 IN WP NO.12939/2019 (S-RES) PASSED BY THE HON'BLE SINGLE JUDGE OF THIS HON'BLE COURT AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Appeal has been filed impugning the order dated 08.04.2025 passed by the Writ Court in Writ Petition No.12939/2019 filed by the appellants and respondent No.5 herein. However, respondent No.5 has not joined the petitioners in this Writ Appeal. - 4 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 2. The parties are referred to as per their ranking before the Writ Court for the sake of convenience. 3. The State Government issued a Notification dated 26.04.2011 calling for applications from the qualified persons to fill up various posts including Driver, Assistant Steward and General Utility Worker in the Jungle Lodge and Resort Limited (Government of Karnataka undertaking). The petitioners had applied for the aforesaid posts in pursuance to the Notification issued. They also participated in the selection process. However, they did not receive the appointment letters. On verification, the petitioners came to know that several unqualified and age barred persons were appointed and the qualified candidates were ignored. This fact was not denied by the respondents. The State Government however took a stand that they would consider giving appointments to the petitioners as well who were qualified. - 5 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 4. In view of the aforesaid stand on behalf of the State Government in the earlier round of the proceedings i.e., W.P.No.43709-711/2012 and other connected matters, the learned Single Judge vide order dated 08.07.2014 disposed of the Writ Petitions directing the respondent authorities to consider issuing appointment letters to the petitioners by relaxing the age and qualifications by assigning reasons. In pursuance to the said order, the petitioners have been issued appointment letters dated 22.01.2015. The petitioners are now being treated as in-service with effect from date of order passed in WP.No.43709-711/2012 i.e., 08.07.2014 the date of the appointment letters issued to them. The petitioners therefore, filed W.P.No.12939/2019 seeking their claim for appointment with effect from 11.08.2011 and 28.09.2011, the dates on which the appointment orders for the other candidates who were appointed in pursuance to the Notification were issued. - 6 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 5. The learned Single Judge however in the impugned order has held that the petitioners appointment was not pursuant to the Notification issued by the respondents for making selection, but was pursuant to the direction issued by the learned Single Judge in W.P.No.43709-711/2012, and other connected matters vide order dated 08.07.2014. Therefore, the petitioners' claim have been restricted from the date of the order passed by the learned Single Judge on 08.07.2014. 6. We have considered the submissions. The petitioners also participated in the selection process for which the Notification was issued in the year 2011. It is not in dispute that the petitioners were qualified and they were within the age limit as prescribed in the Notification. However, instead of appointing the qualified persons, the State chose to appoint unqualified persons who had already crossed the age limit. The learned Single Judge in its order dated 08.07.2014 passed in W.P.No.43709- 711/2012 and other connected matters, instead of setting - 7 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 aside the appointments of unqualified and age barred persons, directed the State authorities to issue appointment letters to the petitioners and in pursuance to the said direction, the State has issued appointment letters on 22.01.2015. 7. We are of the view that considering the petitioners as appointed only in pursuance to the order passed by the learned Single Judge and giving the benefits from the date of order is not proper. When the petitioners were denied of their right of appointment illegally, they are entitled for the benefits from the date when the State Government appointed unqualified and ineligible persons in pursuance to the Notification issued in the year 2011. We, therefore, modify the impugned order and direct the respondent authorities to treat the petitioners inservice with effect from 11.08.2011 and 28.09.2011. However, they shall not be entitled for financial benefits, i.e., backwages/arrears of salary except that they shall be treated in continuous service from the said date for the - 8 - HC-KAR NC: 2026:KHC:13014-DB WA No. 1443 of 2025 purposes of seniority, pension and post-retirement benefits. 8. We also make it clear that if the unqualified persons who were appointed are retained in service, the petitioners should rank senior to them. 9. With the above observation/ direction, the Writ Appeal is disposed of. 10. In view of disposal of the appeals, pending applications, if any, shall stand disposed of, as they do not survive for consideration. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 15