Sri Manappa vs The State Of Karnataka on 21 July, 2009

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Karnataka High Court

Sri Manappa vs The State Of Karnataka on 21 July, 2009

Bench: L.Narayana Swamy

... ...,w.W.%

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WP 31083114/2009

IN THE HIGH caum OF KARNATAKA c1RC:'jiT" 
A'? GULBARGA  V'  ' T»  

DATED TI-{IS THE 23.8? mg? 0:?    
pREsE1\}T_  '    I V  

THE HOIWBLE MR.Jtjsj*i:::; 

A .   . .. 
ms HOIWBLE Mp;§;m§:¢:& ;;'."ri,;§§§A¥ANAswAMY
_;IgM,_._§xos.3%1o3;§ 

BETWEEN :

1. Sri Marx.-agppa,V"j; 

S/0 Gtrwndaym     . j
Major, 00:2: 'A:an}'9;"Ve€k§h_aka,
Oﬁice offhe' Raﬂge   
Oﬁce (TerVii_t_;iria1},' Shorappﬂ",
Distxﬁirtt Gulb%1r._ga;-  " .

. Sig }~ia_1zu,:uaIz«tha, Major,
 _:c*:st "-'dc§4~._ M ..  

  3. Sn ;$1e;gap'p;;;,':%_ 

S] d"<«8a::::,&app'a, Major,
 rest ----d.o~ 

=  V '  sh' Bashﬁmiyrya,

" 3;' O Ibxahirnsab, Majm",

--  Ra,-st --do-

~  Poolasingha,

* S10 Lalappa, Major,
rest -430-

 



(Ey Sri Sachin M.Mahajan, Adv.) 

Sri Budcicsab,
S/0 Pearsab, Major,
rest --dn~

. Sri Venkappa,

S/0 Lingappa, Major,
rest «:10»

AND:

1.

 3.

The State of Kaznataka, ._
Represented by its; VSecrr:i.2i1*yV.V'A
1:0 Govsrnmeni,'    2: =
Forest Deparhnexz-'Af£,_  = '
M.S.Bui1di:?1g, V   >
Bangalore -- '$.60 E".'{;}v1.

The Pfﬁncigral C3'-'1iVef_  " ._ _
Conseﬂatér ofFoI'sS's*«ts;'   
Arax1ya.Bi1avan,  " f ,_ 
18"-*1 Cross, L Maﬂttswaramg'  "
Bangalore ---- 3.  '" '

.  of 
V  ' Guibarga 'Cj1rc1e,._ _Gulbarga.

.

of i?g)mst5~ fffginitoﬁal), Gu1§:3arg':::.& Division, ' ~. G111bai*ga.3 ;- i£'3:1¢, gangs Forest Qﬁcer, . (Terxitoxial), Shorapur, Taiuka Sharapur, " "Dist. Guibarga.

(By Sri Kumar, AGA) \x/ WP 3108-3114/2009 .

RESPONIDENTS WP 3108-3114/2009 This writ gaetiiion is ﬁled tmdar Articles _t.he Constitution of India, praying to quash the oI'der"A«.c1at;:::i,U3.1f2_;2O{7¥8 passed by the Hoxfble Tribunal as per A11nexu,r:?eA':"i;1"sg) «far _as petitioners are concerned.

This writ petitioxtz coming on ::"i;¥xiay,.A J GOPALAGOWDA, J made the follcwing: ' oRD,E;1g.

01. Learncd Addl. Gov¢iI;men¢tV"'Aéi;1?'§;§V;i't:_ accé1VjtS"VV1V1otice for the:

respondents.

02. The co11'c;;i§,f§es:é:'L'V'(')_f :O3;.12.2008 passed by the Karnataka Ae1;§a:;;i;-zMt:e;m'x§e"'r;éB:m§1%4(h§::e;naﬁer referred to as 'KAT? in Applicafion of 2006, is challenged in this Writ petition urgixng _O3. 'is no us to advert to the facts of the cast: and €:hc 1'i'»z.a:1 urged in this Writ petition as the KAT has elaﬁoréiigﬁrvv tlw same and declined to grant the ztlief by _ V I{?C€)I'(iifig méiéoﬂﬁ at paragraph 4 in the impugned Oitlﬁl". (_)4; ' : petitionem have been working on daily wage basis as Rakshakas which am of Group--D gaosts. Pursuant to the h V A fisﬁiﬁﬁon 0f the Supmmc Court in the case of Dharwad District P.W.D. Literate iitaiiy Wage Employees Federation vs. State of Karnataka 8:. Others reported in AIR 39% SC 883, the smvices of the peﬁtionars \ \"/ WP 3108»:-Si 14/2009 were Ieguiariseé 1'13 Group-D posts. For want have been asked to work in supemumeraxy post of are Gmnp-C posts. The 4&1 --:

Conservator of Forests has passoedﬂpan oider on their cadre and ordered to post to post, which was the subject matter 6200 of 2001 before the KAT. The by the KAT vide its order dated 10.031 'oeﬁejI'-W.oef'c'omphed with by the 4&1 respondent was passed directirag the Pt'3titioners;--'t0' The correctness of the same was v:}t1r:Sa;;'it;)I:1'('fe1 applioatioxzs. The same is afﬁrmed by the KAT "I:?::_éisons at paragraph 4 holding that the

4...V;'eg1ﬂam§f-jgaviiozx of i.i1'e'--se__1_jv_i{:es of the petitioners was in Group-D cacire that td1'C1€.'D%f3l§_ty Conservator of Forests had no competence to «tlie to Group-C cadre or to post the petitioners to V V' work Groizp employees. The pay scales to Gro11p«C and Group H enﬁrely different. Though they were Working as Forest the pay scales drawn by them was in the scale of % '::'E?és.?.--;§50Q~3,850, whezeas the pay scaie for Forest Watchers in Group cadze is Rs.2,6G0-4,350. Therefore, the KAT xightly heid that the V WP 3108-3114/2039 order impugned; in the applicatien is }ega1 and of the same is questioneei in this petitiog,

85. We have gone through the tessoee by the KAT in its order and the saute' not call forV'v{)1;1éVti§£te1;fe1enee.

()6. However, it is to t1t1AexPrmcipai Chief Conservator of Foxests, dated 3/ 12. 1 1.2008 after referring 06.08.1990 wherein the services of". in Group~D cadre in the pay the Pﬂncipa} Secretary to Governtggetxt, that there is no occasion for pelmitting the"petitioners~.V_to'~?.t?ork as Forest Watchers. The persons "who a1:'t$:'3'«:1'eg_tLtV':i;=!.;'is*.e(5lAAVerndwworkixxg as Forest Watchers in the pay scale Gtoup-D,__i1x+a}*vtVtiot_work property, as a result the works of the forest depe;rft1i3.e11vtV itstvealth would be adversely affected. Further, the pests tivvetchers could not be fiiied up. The persons who been txtorking as Forest Watchers for the past 15 to 29 yeam as Vtiisiatgte workers invoiving themselves in planting sapplings have

-:'_got"iet of experience. Therefore, the post of Forest Watchers in the scale of Rs.2,6%--4,650 may be merged and thereby the vacant poet of Forest Watchers can be filled up by promoting the daily wage kw WP 3108-3114/2009 employees whose service' s are Iegulanze' d in 1 This aspect may be considered by the Chiefs who is the appointing authority of to 'Ear. the it seivices of the petitioners as xWst'ch:ers. V the petitioners may make authority within a week from tod.aVy';--.m7]fA are made, the appointing within four weeks from today, keepingii they the Chief Conservator of Forests, in the partte' s.

07. Withtthe the writ petition is disposed of. O8. Léamed Kdcil. Ghovernmi 'em Advocate Sri Kumar is permitted to it menio of.appea1anee'Within two Weeks from today. Sd/-

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