THE STATE OF KARNATAKA vs SRI K SHANTHAKUMAR

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 18732 OF 2026 (S-KSAT)
BETWEEN:
1.
THE STATE OF KARNATAKA
REP BY ITS ADDITIONAL CHIEF SECRETARY,
FOREST ECOLOGY AND
ENVIRONMENT DEPARTMENT,
M S BUILDING
BENGALURU - 560001.
2.
THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
AND CHIEF OF FOREST FORCE
ARANYA BHAVAN, 18TH CROSS,
MALLESHWARM,
BENGALURU - 560003.
Digitally
signed by
AASEEFA
PARVEEN
Location:
HIGH COURT
OF
KARNATAKA
3.
THE CHIEF CONSERVATOR OF FORESTS
(TERRITORIAL)
VANAVIKASA,
JARKABANDE FOREST QUARTERS,
KAMMAGONDANAHALLI,
BENGALURU - 560003.
4. THE DEPUTY CONSERVATOR OF FOREST
BENGALURU URBAN DIVISION,
MALLESHWARAM , 18TH CROSS,
ARANYA BHAVAN,
BENGALURU - 560003.

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
5. THE RANGE FOREST OFFICER
KAGGALIPURA RANGE,
KAGGALIPURA
BENGALURU - 560082
…PETITIONERS
(BY SRI. S.C. DESHMUKH, AGA)
AND:
SRI. K. SHANTHAKUMAR,
S/O LATE GURUNATH,
AGE ABOUT 61 YEARS,
RETIRED LITERATE ASSISTANT,
O/O THE KAGGALIPURA RANGE OFFICE,
KAGGALIPURA-560082,
BENGALURU.
R/AT NO 915, 5TH CROSS ROAD,
MUNESWARA LAYOUT, LAGGERE,
BENGALURU - 560058.
…RESPONDENT
(BY SRI. PARAMESWARAIAH D. C., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS, ISSUE WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OF DIRECTION TO QUASH THE
ORDER DATED 15.07.2025 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO.4374 OF 2024 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioners-State Authorities, Department of
Forests, are before this Court, aggrieved by the order
dated 15.07.2025 passed by the Karnataka State
Administrative Tribunal, Bengaluru, in Application
No.4374/2024, whereunder the Tribunal has passed the
following order:
i. "The application is allowed.
ii. The endorsement dated 15.07.2024
passed by the 4th respondent produced at
Annexure-A21 is quashed.
iii. The respondents are directed to release all
service and other financial benefits in
during ex-grate to the applicant as per
Official Memorandum dated 28.11.2022
(Annexure-A9) and order dated
04.06.2024 of this Tribunal in
A.No
.1580/2024 payable to the applicant
as per law.

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
iv. The time given for compliance is within 4
months from the date of receipt of a copy
of this order without giving further scope
for any litigation."
2. Heard the learned Additional Government
Advocate, Sri.S.C. Deshmukh, appearing for the
petitioners and the learned counsel,
Sri.D.C.Parameshwaraiah, appearing for the respondent.
Perused the entire writ petition papers.
3. The respondent approached the Tribunal with a
prayer to quash the endorsement dated 15.07.2024
(Annexure-A21) and for a consequential direction to
respondent No.4 therein to release all service and
retirement benefits in terms of the Official Memorandum
dated 28.11.2022 (Annexure-A9), together with other
consequential monetary benefits.
4. It is the case of the respondent that he had
been working as a Clerical Assistant on a daily-wage basis
since 09.01.1985 and he attained the age of

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WP No. 18732 of 2026
CNR: KAHC010412882026
superannuation on 31.12.2023. It is further stated that, in
terms of the Karnataka Daily Wage Employees Welfare
Act, 2012, and the Karnataka Daily Wage Employees
Welfare Rules, 2013, the respondent name was included
for the benefits under the Government Notification dated
27.05.2014, wherein his name appears at Sl. No.49.
5. The respondent had filed Application
No.5314/2019 before the Tribunal. By order dated
06.06.2022, the Tribunal directed petitioner No.4 herein to
consider the representations submitted by the applicant
and take an appropriate decision regarding the benefits
admissible to him under the Act of 2012. Thereafter, by
Official Memorandum dated 28.11.2022 (Annexure-A9), all
the benefits in terms of the Act, 2012 and Rules, 2013
were sanctioned to the respondent and was directed to be
calculated and paid.
6. However, by the impugned endorsement dated
15.07.2024, petitioner No.4 declined to extend the

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
benefits available to the respondent under the Act, 2012
and the Rules, 2013 on the ground that petitioner
misrepresented to obtain benefit of Act, 2012 and Rules
2013. The said endorsement was the subject matter of
application before the Tribunal and Tribunal on considering
the contentions of both parties directed the petitioners
herein as extracted above.
7. The learned AGA, Sri.S.C.Deshmukh, appearing
for the petitioners, submitted that the respondent would
not be entitled to the benefits available under the Act of
2012 and the Rules of 2013. He further contended that the
respondent had misrepresented facts to secure the
benefits under the said Act and Rules. Thus, he would pray
to allow the writ petition.
8. However, learned counsel for the respondent
would submit that the petitioners have not disputed the
respondent's appointment on daily-wage basis as Literate
Assistant in the year 1984 or his continued service until

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HC-KAR
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WP No. 18732 of 2026
CNR: KAHC010412882026
the age of superannuation. He further submitted that the
petitioners had rightly extended the benefits available
under the Act of 2012 and the Rules of 2013 to the
respondent and included his name in the Government
Notification dated 27.05.2014 (Annexure-A1). As long as
the respondent's name continues in the notification issued
under the Act of 2012 and the Rules of 2013, he would be
entitled to the benefits admissible thereunder. Accordingly,
the learned counsel would pray for dismissal of the writ
petition.
9. The State of Karnataka enacted the Karnataka
Daily Wage Employees Welfare Act, 2012, with the object
of providing welfare measures to daily-wage employees
who have rendered more than ten years of service in
various establishments, including measures relating to the
scale of pay, security of tenure, better wages and certain
social security benefits. The Karnataka Daily Wage
Employees Welfare Rules, 2013, were framed to give
effect to the provisions of the said Act.

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
10. The pay of a daily wage employee shall be
minimum of the time scale of pay of the post in which he
is continued in service. He shall also be paid admissible
Dearness Allowance and other Allowance as may be
determined by the Government, by order, from time to
time. A daily wage employee shall be entitled to all
General Holidays, Casual Leave of 15 days, and Earned
Leave of 30 days per year. It also provides for a daily
wage employee to be given an increase in his pay at such
intervals of time as may be determined by the
Government, by order
11. Section 4(2) also makes it clear that a daily
wage employee shall be entitled to such terminal benefits
or gratuity upon discontinuance after attaining the age of
60 years, as determined and notified by the Government.
The respondent, in terms of the provisions of the Act of
2012, was notified as a beneficiary under the Act of 2012
as well as the Rules of 2013. The name of the respondent
continues to appear in the notification dated 27.05.2014

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
(Annexure-A1). The Tribunal in its earlier order dated
06.06.2022 in Application No. 5214/2019, directed the
petitioners herein to consider the request of the
respondent for benefits under the Act of 2012. In
pursuance thereof, the petitioners rightly considered the
case of the respondent and issued an Official
Memorandum (OM) dated 28.11.2022, sanctioning all
available benefits under the Act of 2012.
12. Consequently, there is no reason for the
petitioners to deny the benefits of the Act of 2012 to the
respondent. The petitioners-State has failed to
demonstrate how the respondent is not entitled to the
benefits under the Act of 2012. The State has also failed to
produce any material to establish that the respondent
misled the petitioners. The Tribunal rightly granted the
relief, taking note of the provisions of the Act of 2012 as
well as the respondent's initial appointment in April 1983.
Furthermore, the notification dated 27.05.2014

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HC-KAR
NC: 2026:KHC:58707-DB
WP No. 18732 of 2026
CNR: KAHC010412882026
(Annexure-A1) has conferred or created right to the
petitioner to receive the benefits of Act, 2012.
13. In the circumstances, we do not find any merit
in this writ petition, and the writ petition stands rejected .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 9