Writ Petition No. 5753 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:10420 WP No. 5753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5753 OF 2025 (S-RES) BETWEEN: 1. SRI RUDRAIAH S/O. SANNAIAH AGED ABOUT 59 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT-571105. 2. SRI. MUNIYA S/O. HALAGAIAH AGED ABOUT 48 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 3. SRI. SHANKARAIAH S/O. JAVARAIAH AGED ABOUT 44 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105
Legal Reasoning
4. SMT. SAVITHRAMMA W/O. SRINIVASA AGED ABOUT 48 YEARS PRESENTLY WORKING AS NURSERY Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10420 WP No. 5753 of 2025 D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 5. SMT. JAYAMMA W/O. GOVINDAIAH AGED ABOUT 52 YEARS PRESENTLY WORKING AS NURSERY D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 6. SMT. GAYATHRI W/O. IRANNACHARI AGED ABOUT 41 YEARS PRESENTLY WORKING AS NURSERY D GROUP RANGE FOREST OFFICE, HUNASURU RANGE AND DIVISION, MYSURU DISTRICT - 571105 7. SMT. GAYATHRI W/O. LATE. MANJU, AGED ABOUT 43 YEARS PRESENTLY WORKING AS NURSERY D GROUP RANGE FOREST OFFICE, HUNASURU RANGE AND DIVISION, MYSURU DISTRICT - 571105 8. SRI. APPANNA S/O. ANNAIAH AGED ABOUT 56 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 9. SRI. HARISH.H.R. S/O. RAJU - 3 - NC: 2025:KHC:10420 WP No. 5753 of 2025 AGED ABOUT 36 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 10. SRI. HARISH H.I. S/O. INDRAKUMAR AGED ABOUT 38 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 11. SRI. RAJASHETTY S/O. LATE. RAJASHETTY AGED ABOUT 59 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 12. SRI. SHIVANNA S/O. GIDDAIAH AGED ABOUT 52 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 13. SRI. VASU S/O. THIMMEGOWDA AGED ABOUT 40 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, - 4 - NC: 2025:KHC:10420 WP No. 5753 of 2025 MYSURU DISTRICT - 571105 14. SRI. NAGEGOWDA S/O. BOREGOWDA AGED ABOUT 49 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, ANTARASANTE RANGE, HUNASURU WILDLIFE DIVISION, MYSURU DISTRICT - 571105 15. SMT. RAMLA W/O. KRISHNA AGED ABOUT 43 YEARS PRESENTLY WORKING AS NURSERY D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105. 16. SMT. ARIFA W/O. KABEER AGED ABOUT 42 YEARS PRESENTLY WORKING AS NURSERY D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 17. SMT. RUBEENA W/O. MOHAMMED KALEEL AGED ABOUT 38 YEARS PRESENTLY WORKING AS NURSERY D GROUP RANGE FOREST OFFICE, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 18. SMT. M.E.HEMALATHA W/O. LATE. ANNANINGAIAH AGED ABOUT 49 YEARS PRESENTLY WORKING AS OFFICE ASSISTANT D GROUP RANGE FOREST OFFICE, SOCIAL FORESTRY, - 5 - NC: 2025:KHC:10420 WP No. 5753 of 2025 HOLENARASIPURA, HASSAN DISTRICT - 573211 19. SRI. NAGESH S/O. KALALINGEGOWDA AGED ABOUT 55 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, SRIRANGAPATNA RANGE, SRIRANGAPATNA, MANDYA DISTRICT - 571438 20. SRI. RAVI S/O. JAVARAIAH AGED ABOUT 59 YEARS PRESENTLY WORKING AS FOREST WATCHER D GROUP RANGE FOREST OFFICE, SRIRANGAPATNA RANGE, SRIRANGAPATNA, MANDYA DISTRICT - 571438. 21. SMT. SAROJAMMA W/O. MARISWAMY, AGED ABOUT 59 YEARS PRESENTLY WORKING AS NURSERY D GROUP RANGE FOREST OFFICE, SRIRANGAPATNA RANGE, SRIRANGAPATNA, MANDYA DISTRICT - 571438. (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. …PETITIONERS 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF THE FOREST FORCE) ARANYA BHAVANA 3RD FLOOR, 18TH CROSS, - 6 - NC: 2025:KHC:10420 WP No. 5753 of 2025 3. 4. 5. 6. 7. 8. 9. MALLESHWARAM, BENGALURU-560003 THE SECRETARY DEPARTMENT OF PERSONAL ADMINISTRATION REFORMS, VIDHANA SOUDHA, BENGALURU-560001 THE DEPUTY CONSERVATOR OF FORESTS ARANYA BHAVANA, 3RD FLOOR, 18TH CROSS, MALLESHWARAM. BENGALURU-560003 THE RANGE FOREST OFFICER, PERIYAPATTANA TERRITORIAL RANGE, HUNASURU DIVISION, MYSURU DISTRICT - 571105. THE RANGE FOREST OFFICER, HUNASURU RANGE AND DIVISION, MYSURU DISTRICT - 571105 THE RANGE FOREST OFFICER, WILD LIFE RANGE, NAGARAHOLE, HUNASURU DIVISION, MYSURU DISTRICT - 571105 THE RANGE FOREST OFFICER, ANTARASANTE RANGE, HUNASURU WILDLIFE DIVISION, MYSURU DISTRICT - 571105 THE RANGE FOREST OFFICE, SOCIAL FORESTRY, HOLENARASIPURA, HASSAN DISTRICT - 573211 10. THE RANGE FOREST OFFICER, SRIRANGAPATNA RANGE, SRIRANGAPATNA, MANDYA DISTRICT - 571438 (BY SRI. V.SHIVAREDDY, ADDITIONAL GOVERNMENT ADVOCATE) …RESPONDENTS - 7 - NC: 2025:KHC:10420 WP No. 5753 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE MONTHLY PAYMENT OF RS.1,000/- FROM 2009 AND RS.2000/- FROM 2012 AS PER THE GOVERNMENT ORDERS DATED 11.06.2009 AND 31.07.2012 VIDE ANNEXURE-B AND C PASSED BY THE RESPONDENT NO.2/DPAR BY HOLDING THEM ELIGIBLE FOR THE BENEFITS UNDER THE SAID G.O ORDERS FOR THE LONG SERVICES RENDERED BY THE PETITIONERS WITH ALL MONETARY BENEFITS FORM 01.04.2020 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondents to pay a monthly payment of Rs.1,000/- from the year 2009 onwards and Rs.2,000/- from the year 2012 onwards, as per the Government orders dated 11.06.2009 and 31.07.2012 issued by the respondent No.2 for the services rendered by the petitioners. 2. The petitioners contend that they were all employed as daily wagers by the department of forest for doing various menial jobs in the forest. They contended that they had not completed 10 years of service as on 10.04.2006 which is the - 8 - NC: 2025:KHC:10420 WP No. 5753 of 2025 qualifying date for applicability of the Karnataka Daily Wage Employees Welfare Act, 2012. However, they contend that the State Government had issued orders dated 11.06.2009 and 31.07.2012, in terms of which, the petitioners were entitled to daily wages at the rate of Rs.1,000/- and Rs.2,000/- respectively. They all contend that they have not been granted the wages and therefore they are before this Court seeking for a direction to the respondents to pay the daily wages of Rs.1,000/- from 2009 and Rs.2,000/- from 2012 onwards. 3. The learned counsel for the petitioners reiterated the above contentions and prayed that suitable directions be issued to the respondents to comply the Government orders referred above. 4. The learned Additional Government Advocate submitted that the case of the petitioners would be considered in the light of the Government orders referred above and appropriate orders would be passed. 5. Since it is not in dispute that the petitioners were appointed on daily wages and as they were not entitled to the benefit of the welfare measures under Karnataka Daily Wage - 9 - NC: 2025:KHC:10420 WP No. 5753 of 2025 Employees Welfare Act, 2012, they were certainly entitled to the benefit of the Government orders dated 11.06.2009 and 31.07.2012. Consequently, the petitioners are entitled to the benefit of said orders. 6. In that view of the matter, the writ petition is allowed and the respondents are directed to pay monthly payment of Rs.1,000/- from the year 2009 onwards and Rs.2,000/- from 2012 onwards as per Government orders dated 11.06.2009 and 31.07.2012. It is needless to mention that such payments shall be made only to those petitioners who fulfill all conditions as provided under the Government orders referred above. This shall be complied within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 32