Sri C N Shankarappa vs The State Of Karnataka on 14 May, 2026

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    Karnataka High Court

    Sri C N Shankarappa vs The State Of Karnataka on 14 May, 2026

    Author: S.R.Krishna Kumar

    Bench: S.R.Krishna Kumar

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                                                              WP No. 15271 of 2026
    
    
                        HC-KAR
    
    
    
                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                    DATED THIS THE 14TH DAY OF MAY, 2026
                                                  BEFORE
    
                                 THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
    
                                   WRIT PETITION NO. 15271 OF 2026 (S-RES)
    
                       BETWEEN:
    
                       1.   SRI. C. N. SHANKARAPPA
                            S/O NARASIHMAPPA,
                            AGED ABOUT 48 YEARS,
                            PRESENTLY WORKING AS
                            FOREST WATCHER 'D' GROUP
                            RANGE FOREST OFFICE SRINIVASAPURA,
                            SOCIAL FORESTRY,
                            SRINIVASAPURA TALUK,
                            KOLAR DISTRICT - 563 101.
    
                       2.   SRI. RAVANAPPA. V.,
                            S/O MUNIVENKATAPPA
                            AGED ABOUT 47 YEARS,
                            PRESENTLY WORKING AS
                            FOREST WATCHER 'D' GROUP
                            RANGE FOREST OFFICE SRINIVASAPURA,
    Digitally signed
                            SOCIAL FORESTRY,
    by CHANDANA             SRINIVASAPURA TALUK,
    BM                      KOLAR DISTRICT - 563 101.
    Location: High
    Court of
    Karnataka          3.   SRI. ERAPPA
                            S/O RAMAPPA
                            AGED ABOUT 56 YEARS,
                            PRESENTLY WORKING AS
                            FOREST WATCHER 'D' GROUP
                            RANGE FOREST OFFICE SRINIVASAPURA,
                            SOCIAL FORESTRY,
                            SRINIVASAPURA TALUK,
                            KOLAR DISTRICT - 563 101
    
                       4.   SRI. SHANKARAPPA
                            S/O PEDDANNA
                            AGED ABOUT 49 YEARS,
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                                           WP No. 15271 of 2026
    
    
     HC-KAR
    
    
    
         PRESENTLY WORKING AS
         FOREST WATCHER 'D' GROUP
         RANGE FOREST OFFICE SRINIVASAPURA,
         SOCIAL FORESTRY,
         SRINIVASAPURA TALUK,
         KOLAR DISTRICT - 563 101.
    
    5.   SRI. CHALAPATHI. G. N.,
         S/O NARAYANAPPA
         AGED ABOUT 53 YEARS,
         PRESENTLY WORKING AS
         FOREST WATCHER 'D' GROUP
         RANGE FOREST OFFICE SRINIVASAPURA,
         SOCIAL FORESTRY,
         SRINIVASAPURA TALUK,
         KOLAR DISTRICT - 563 101.
                                                    ...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 DEPUTY CONSERVATOR OF FORESTS,
         KOLAR SOCIAL FORESTRY DIVISION,
         KOLAR DISTRICT - 563 101.
    
    4.   THE RANGE FOREST OFFICER,
         SOCIAL FORESTRY,
         SRINIVASAPURA TALUK,
         KOLAR DISTRICT - 563 101.
                                                  ...RESPONDENTS
    (BY SRI. SHIVAREDDY V., AGA FOR R1 TO R4)
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                                                  WP No. 15271 of 2026
    
    
    HC-KAR
    
    
    
         THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
    227 OF CONSTITUTION OF INDIA PRAYING TO-I. CALL FOR THE
    RECORDS RELATING TO THE IMPUGNED ENDORSEMENT ORDER
    BEARING NO.VA.AA.AA/DI.GO. VE/CR-/2025-26 DATED 22.12.2025
    VIDE ANNEXURE-H PASSED BY THE RESPONDENT NO.4, IN SO
    FAR AS PETITIONERS ARE CONCERNED PERUSE AND QUASH
    THE SAME AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLES
    14 AND 16(1) OF THE CONSTITUTION OF INDIA AND ETC.,
    
          THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
    THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
    
    
    CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
    
    
                                ORAL ORDER

    In this petition, petitioners seek for the following reliefs:-

    “i. Call for the records relating to the impugned
    endorsement order bearing No.
    Va.Aa.Aa/Di.Go.Ve/CR- /2025-26 Dated 22.12.2025
    vide Annexure-H passed by the Respondent No.4, in
    so far as petitioners are concerned peruse and quash
    the same as arbitrary, illegal and violative of Articles
    14
    and 16(1) of the constitution of India.

    ii. Issue a writ in the nature of mandamus 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;

    iii. Pass such other orders or direction as this Hon’ble
    Court may be deemed fit in the circumstances of the
    case, in the interest of justice and equity.”

    2. Heard learned counsel for the petitioners and learned

    SPONSORED

    AGA for the respondents and perused the material on record.

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    3. Though several contentions have been urged by both

    sides in support of their respective claims, the issue in controversy

    between the parties is directly and squarely covered by the

    judgment of this Court in the case of Erabbhadra K.M., and Ors

    Vs. State of Karnataka and Ors., – W.P.No.8312/2026 dated

    23.03.2026, wherein it was held as under:

    “In this petition petitioner seeks the following reliefs.

    “i. Call for the records relating to the common impugned
    endorsements order bearing No.B1/BGT/CR-12/2023-24 Dated
    01.09.2025 vide Annexure-H to H1, H2, H3, H4, H5, H6, H7,
    H8, H9, H10, H11 and H12 passed by the Respondent No.4,
    peruse and quash the same as arbitrary, illegal and violative of
    Articles 14 and 16(1) of the
    ii. Issue a writ in the nature of mandamus 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;

    iii. Pass such other orders or direction as this Hon’ble
    Court may be deemed fit in the circumstances of the case, in
    the interest of justice and equity.”

    2. Heard Sri. Basavaraja Patel G.K., learned counsel
    for the petitioners, Smt. Spoorthy Hegde, learned AGA for
    respondents and perused the material on record.

    3. A perusal of the material on record would indicate
    that during the period 1995-1996, the petitioners were appointed
    as Forest Watchers in the respondents’ department and have
    been working in various places for around 29 years as per
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    Annexure A. By Government orders dated 11.06.2009 and
    31.07.2012, the State Government enhanced the daily wages
    payable to the petitioner by Rs.1,000/-. But the said benefits were
    granted in favour of the petitioners only up to 2017 and not
    thereafter. Meanwhile, on 15.02.2013, the State Government
    enacted the Karnataka Daily Wages Employees’ Welfare Act,
    2012
    extending the benefits of Regular Government Servant to
    Daily Wage’s Appoint Employees also. Under these
    circumstances, several similarly situated daily wages were
    notified by the State Government in the year 2014, subsequent to
    which, the petitioners as well as other persons submitted several
    representations before the State Government seeking extension
    of enhanced wages in their favour also. Being aggrieved by the
    non consideration of their grievances, the petitioners filed WP
    No.29873/2024 and WP No.29221/2024 along with others and
    connected matters, which was allowed and disposed of by this
    Court vide Order at Annexure – G dated 29.11.2024. The said
    order passed by this Court vide Annexure G reads as under:

    ” ORAL ORDER
    In all these matters, petitioners who are stated to
    have been appointed as forest watchers in the respondent

    – Department assert that they have been working for a
    long period of time and have completed 10 years as on
    10.04.2006.

    2. The petitioners have sought for issuance of writ
    in the nature of mandamus to consider the claim of
    petitioners for service benefits in terms of the Karnataka
    Daily Wage Employees Welfare Act, 2012
    (for short ‘2012
    Act’) by recording a finding that they are eligible for the
    benefit under the Act for the services rendered over a long
    period of time. Petitioners have also sought for issuance
    of writ in the nature of mandamus to direct the
    respondents to pay monthly payment of Rs.1,000/- from
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    2009 and Rs.2,000/- from 2012 as per the Government
    Orders dated 11.06.2009 and 31.07.2012 vide Annexures
    B and C respectively.

    3. It is submitted that by virtue of coming into force
    of the Karnataka Daily Wage Employees Welfare Act,
    2012
    , the provision under Section 2(a) would include daily
    wage employees who have worked and completed not
    less than 10 years as on 10.04.2006. It is further
    submitted that in terms of Section 3 of the 2012 Act, the
    employees engaged on daily wage are entitled to continue
    till they complete the age of 60 years. It is also pointed out
    that there are various other benefits provided under
    Section 4 of the 2012 Act.

    4. It is submitted that in W.P.No.29873/2024, the
    Range Forest Officer, Kaggalipura Range, has addressed
    a communication to the Deputy Conservator of Forests,
    Bangalore Urban Division vide Annexure-A and has
    observed in the communication dated 30.10.2015 that the
    petitioners have made a representation regarding their
    long service and extension of benefit under the 2012 Act.
    Such a proposal has been forwarded along with a
    Schedule containing details of names of petitioners, dates
    on which they have been engaged on daily wage basis
    and other details including the place at which they have
    worked as well as the emoluments drawn by them.

    5. In other connected matters also, similar
    communications have been addressed by the concerned
    officer to the Authority.

    6. Learned counsel for the petitioner files a memo
    along with the table indicating the names of the
    petitioners, the serial number found in the schedule, the
    date of such employee having joined service. The said
    table is provided as hereunder:

    W.P.No. Petitioner Sl.No. of Joining Date Total Length
    the of service
    Petitioner
    in the
    Schedule
    of
    Annexure

    -A
    29873/2024 Muniraju 1 01.07.1994 30
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    “-” Krishnappa 6 01.07.1994 30
    28996/2024 Channabasappa 6 01.10.1995 * 29
    KS
    “-” Lakshman Naik 2 01.07.1990 34
    29220/2024 Paramesh 1 01.09.1992 32
    “-” Anjinappa 6 04.01.1990 34
    “-” Sanjeevayya 2 01.04.1989 35
    “-” Siddaraju N C 7 09.07.1995 29
    “-” Honnayya 3 01.04.1996 28
    29221/2024 Erabhadra 4 01.12.1995 29
    “-” Lokesh M 2 01.10.1995 29
    “-” Gopal 1 01.12.1995 29
    “-” Javaregowda 3 01.12.1995 29
    “-” Venkatesha J 5 01.04.1995 29
    “-” Lingappa 8 04.02.1996 28
    “-” Ganesh J K 7 01.03.1996 28
    “-” Prasanna S 6 01.04.1996 28
    “-” Ramesha P B 10 01.04.1996 28
    “-” Shivaswamy 1 23.11.1995 29
    “-” Kumara 9 01.07.1995 29
    “-” Ramesha A B 2 01.02.1996 28
    “-” Rajanna A 1 01.02.1996 28
    29682/2024 Kumar ** 01.03.1995 29
    “-” Thammegowda 2 01.03.1994 30
    “-” Jayarama ** 01.03.1995 29
    “-” Shivalingappa 1 01.11.1995 29
    “-” Kumara D ** 01.03.1995 29

    29722/2024 Palaiah 3 01.01.1995 29
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    “-” Govindappa B 1 01.01.1995 29

    “-” Thippeswamy M 4 01.01.1992 32
    29734/2024 Prakash H R 1 01.01.1996 28

    29894/2024 Nataraja V 1 26.06.1995 29
    “-” C. N. 7 26.06.1995 29
    Shankarappa
    “-” Ravanappa 2 26.06.1995 29

    “-” Erappa 6 26.06.1995 29
    “-” Shankarappa 5 26.06.1995 29

    “-” G. N. Chalapathi 8 20.09.1995 29
    31234/2024 Eshwar 3 01.04.1985 39

    * as averred in the petition
    ** Insofar as Petitioner Nos. 1, 3 and 5 in
    W.P.No.29682/2024 are concerned, their names were
    recommended by way of a separate proposal as per
    Annexure-E dated 22.11.2023.

    7. It is accordingly submitted that a perusal of the
    date of joining in service would indicate that they have
    completed 10 years of work and accordingly are eligible
    for benefits under the 2012 Act. It is also submitted that
    apart from such request made, the petitioners are also
    eligible for payment in terms of the Government orders
    dated 11.06.2009 and 31.07.2012 vide Annexures B and
    C respectively.

    8. Taking note of the same, case is made out to
    direct the respondents to consider the case of petitioners
    in light of the communication at Annexure-A in all the writ
    petitions made by the concerned officer to the Authority
    giving necessary details regarding the length of service.

    Accordingly, respondent – Authorities are directed to
    consider the request of petitioners as made out in
    Annexure-A in accordance with law. Respondents are also
    directed to consider the request of the petitioners for
    extension of payment in terms of the Government orders
    dated 11.06.2009 and 31.07.2012. Such consideration to
    be made within a period of 3 months from the date of
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    receipt of certified copy of this order. All contentions are
    kept open.

    9. In light of the above, petitions are disposed off.”

    4. It is the grievance of the petitioners that despite
    the aforesaid order passed by this Court, which had attained
    finality and become conclusive and binding upon the
    respondents and filing of contempt proceedings in CCC No.464
    of 2025, respondent No.4 issued common endorsement dated
    01.09.2025 to the effect that the petitioners’ services cannot be
    considered under the Karnataka Daily Wages Employees’
    Welfare Act, 2012
    , since the notification under the said Act had to
    be issued within one year from the date of commencement of the
    said Act, which came into force on 15.02.2013 and the said
    notification not having been issued to the petitioners within the
    aforesaid period of one year, the petitioner would not be entitled
    to the benefits under the said Act.

    5. Aggrieved by the impugned endorsement, the
    petitioners are before this Court, inter alia contending that in
    relation to identically /similarly situated Daily Wage Employees,
    the State Government has extended the benefits even after the
    lapse of more than one year and on the ground of parity, the
    impugned endorsement deserves to be quashed and the
    petitioners would be entitled to similar benefit. It is also submitted
    that having regard to the fact that aforesaid Karnataka Daily
    Wages Employees’ Welfare Act, 2012
    is a welfare piece of
    legislation and has been enacted with the intention of extending
    the benefit to Daily Wage Employees, the inaction on the part of
    the State Government to issue a notification extending the benefit

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    to the petitioners could not have been made the basis to issue
    the impugned endorsements dated 01.09.2025 vide Annexures
    H, H1 to H12, which deserve to be quashed.

    6. Per contra, learned AGA submits that there is no
    merit in the petition and the same is liable to be dismissed.

    7. I have given anxious consideration to the rival
    submissions and perused the material on record.

    8. As noticed supra, in the earlier round of litigation,
    this Court has come to the conclusion that the petitioners would
    be entitled to the benefit of the aforesaid Act, which is
    undisputedly a beneficial piece of legislation. As rightly
    contended by the learned counsel for the petitioners, the mere
    inaction on the part of the respondent – State to issue a
    notification extending the benefit of the said Act to the petitioners
    also could not have been made the basis to deny / deprive the
    entitlement of the petitioners from the benefits under the said Act
    and especially when the respondents themselves have extended
    the benefit to similarly / identically situated Daily Wage
    Employees even after expiry of one year, as can be seen from
    Annexure – F dated 29.05.2014.

    9. Under these circumstances, by invoking /applying
    the doctrine of parity, I am of the view that the impugned
    endorsements deserve to be quashed and respondents are to be
    directed to extend the benefits of the Karnataka Daily Wages
    Employees’ Welfare Act, 2012
    in favour of the petitioners and
    grant all benefits flowing therefrom within a stipulated time frame.

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    ORDER

    (i) Writ petition is thereby allowed.

    (ii) The Impugned Annexures at H, H1 to H12 are
    hereby quashed.

    (iii) The respondents are directed to grant the benefits
    including monetary benefits under the Karnataka
    Daily Wages Employees’ Welfare Act, 2012
    , in
    favour of the petitioners within a period of three
    months from the date of receipt of a copy of this
    order.”

    4. Under these circumstances, the present petition is also

    disposed of in terms of the aforesaid judgment of this Court.

    5. In the result, I pass the following:

    ORDER

    i. The writ petition is allowed;

    ii. The impugned endorsement dated 22.12.2025,

    passed by respondent No.4, at Annexure – H is hereby

    quashed.

    iii. The respondents are hereby directed to grant the

    benefits including monetary benefits under the Karnataka

    Daily Wage Employees’ Welfare Act, 2012, in favour of the

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    petitioners within a period of three months from the date of

    receipt of a copy of this order.

    Sd/-

    (S.R.KRISHNA KUMAR)
    JUDGE

    TMP
    List No.: 2 Sl No.: 78
    CT:PH



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