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Karnataka High Court
Sri Erabhadra K M vs The State Of Karnataka on 23 March, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 8312 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 8312 OF 2026 (S-RES)
BETWEEN:
1. SRI ERABHADRA K M
S/O MADAIAH
AGED ABOUT 53 YEARS
PRESENTLY WORKING AS FOREST WATCHER
D GROUP RANGE FOREST OFFICE METTIKUPPE
WILDLIFE RANGE METTIKUPPE POST,
H.D KOTE TALUK,
MYSORE DISTRICT- 571114.
2. SRI. LOKESHA. M
S/O H.K.MADEGOWDA
AGED ABOUT 58 YEARS
PRESENTLY WORKING AS
LITERATE ASSISTANT C GROUP
Digitally signed RANGE FOREST OFFICE WILDLIFE
by
SHARADAVANI RANGE HUNSUR, HUNSUR TALUK,
B
Location: High MYSORE DISTRICT-571105.
Court of
Karnataka
3. SRI. GOPALA
S/O KUPPA
AGED ABOUT 49 YEARS
PRESENTLY WORKING AS WIRELESS OPERATOR
D GROUP RANGE FOREST OFFICE METTIKUPPE
WILDLIFE RANGE METTIKUPPE POST
H.D.KOTE TALUK,
MYSORE DISTRICT-571114.
4. SRI. JAVAREGOWDA
S/O BASAVEGOWDA
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AGED ABOUT 57 YEARS
PRESENTLY WORKING AS FOREST WATCHER
D GROUP RANGE FOREST OFFICE METTIKUPPE
WILDLIFE RANGE METTIKUPPE POST
H.D KOTE TALUK, MYSORE DISTRICT-571114.
5. SRI. VENKATESHA. J
S/O JAVAREGOWDA
AGED ABOUT 51 YEARS
PRESENTLY WORKING AS DRIVER
C GROUP RANGE FOREST OFFICE METTIKUPPE
WILDLIFE RANGE METTIKUPPE POST
H.D KOTE TALUK, MYSORE DISTRICT- 571114.
6. SRI. LINGAPPA
S/O KUSAYYA
AGED ABOUT 49 YEARS
PRESENTLY WORKING AS FOREST WATCHER
D GROUP RANGE FOREST OFFICE
WILDLIFE RANGE VEERANAHOSAHALLY POST HUNSUR
TALUK, MYSORE DISTRICT-571106.
7. SRI. GANESH.J.K.
S/O KARIYA
AGED ABOUT 59 YEARS
PRESENTLY WORKING AS FOREST WATCHER
D GROUP RANGE FOREST OFFICE
WILDLIFE RANGE VEERANAHOSAHALLY POST HUNSUR
TALUK, MYSORE DISTRICT-571106.
8. SRI. PRASANNA.S
S/O SHIVAPPA
AGED ABOUT 48 YEARS
PRESENTLY WORKING AS LITERATE ASSISTANT
C GROUP RANGE FOREST OFFICE
WILDLIFE RANGE VEERANAHOSAHALLY POST HUNSUR
TALUK, MYSORE DISTRICT-571106.
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9. SRI. RAMESH. P.B
S/O UPENDRA (BASAVA)
AGED ABOUT 48 YEARS
PRESENTLY WORKING AS WIRELESS
OPERATOR D GROUP RANGE FOREST OFFICE
WILDLIFE RANGE HUNSUR, HUNSUR TALUK,
MYSORE DISTRICT-571106.
10. SRI. SHIVASWAMY
S/O LATE APPAIAH
AGED ABOUT 50 YEARS
PRESENTLY WORKING AS DRIVER
RANGE FOREST OFFICE D.B.KUPPE.
ANTARASANTHE HOBLI H.D KOTE TALUK,
MYSORE DISTRICT-571101
11. SRI. KUMAR
S/O VENKATEGOWDA
AGED ABOUT 49 YEARS
PRESENTLY WORKING AS FOREST WATCHER,
D GROUP RANGE FOREST OFFICE D.B.KUPPE.
ANTARASANTHE HOBLI, H.D KOTE TALUK,
MYSORE DISTRICT-571101
12. SRI. RAMESH.A.B
S/O LATE BASAVEGOWDA A
AGED ABOUT 58 YEARS
PRESENTLY WORKING AS FOREST WIRELESS
OPERATOR RANGE FOREST OFFICE.
H.D KOTE TALUK, MYSORE DISTRICT-571114.
13. SRI. RAJANNA.A
S/O ANKANAYAK
AGED ABOUT 49 YEARS
WORKING AS FOREST DRIVER
RANGE FOREST OFFICE,
ANTARASANTHE. H.D KOTE TALUK,
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MYSORE DISTRICT-571114.
...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, 18 CROSS,
MALLESHWARAM. BENGALURU-560003
3. THE CHIEF CONSERVATOR OF FORESTS
ARANYA BHAVANA, PROJECT TIGER,
ASHOKAPURAM, MYSORE-577009
4. THE DEPUTY CONSERVATOR OF FORESTS
AND DIRECTOR, RAJIV GANDHI NATIONAL PARK,
FOREST CAMPUS. TIGER RESERVE, NAGARAHOLE, B.M
ROAD, HUNSUR. MYSORE DISTRICT-571105.
5. THE RANGE FOREST OFFICER,
METIKUPPE WILDLIFE RANGE
METIKUPPE
H.D.KOTE TALUK,
MYSORE DISTRICT -571114,
6. THE RANGE FOREST OFFICER,
VEERANAHOSAHALLY, WILDLIFE RANGE
VEERANAHOSAHALLY POST, HUNSUR TALUK,
MYSORE DISTRICT- 571106.
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7. THE RANGE FOREST OFFICER,
D.B.KUPPE WILDLIFE RANGE
D.B.KUPPE H.D.KOTE TALUK,
MYSORE DISTRICT -571114
8. THE RANGE FOREST OFFICER,
WILDLIFE RANGE, ANTARASANTHE
H.D KOTE TALUK,
MYSORE DISTRICT-571114.
9. THE RANGE FOREST OFFICER,
WILDLIFE RANGE, HUNSUR,
HUNSUR TALUK,
MYSORE DISTRICT- 571106.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 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., 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
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ORAL ORDER
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
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various places for around 29 years as per 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
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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 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
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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. Joining Date Tot
of the al
petition Le
er in ngt
the h
Schedu of
le of ser
Annexu vic
re-A e
29873/2024 Muniraju 1 01.07.1994 30
"-" Krishnappa 6 01.07.1994 30
28996/2024 Channabasappa 6 01.10.1995 * 29
KS
"-" Lakshman Naik 2 01.07.1990 34
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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
"-" Govindappa B 1 01.01.1995 29
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"-" 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
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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 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
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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 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.
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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
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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.
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.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BH
List No.: 1 Sl No.: 13
