Karnataka High Court
The Chief Secretary vs Siddappa S/O Chandappa on 11 February, 2026
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WP No. 201511 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT PETITION NO. 203104 OF 2022 (S-KAT)
C/W.
WRIT PETITION NO. 203063 OF 2022 (S-KAT)
WRIT PETITION NO. 201511 OF 2023
IN WP No. 203104/2022
BETWEEN
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA,
BENGALURU-560001.
Digitally signed
by SUMITRA 2. THE STATE OF KARNATAKA
SHERIGAR
Location: HIGH REPRESENTED BY ITS PRINCIPAL SECRETARY
COURT OF DEPARTMENT OF FOREST,
KARNATAKA
ENVIRONMENT AND ECOLOGY,
M.S. BUILDING,
BENGALURU-560001
3. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS,
ARANYA BHAVAN, 18TH CROSS,
MALLESHWARAM,
BENGALURU-560003
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4. THE CHIEF CONSERVATOR OF FOREST
GULBARGA CIRCLE, ARANYA BHAVAN,
COURT ROAD,
KALABURAGI-585101.
5. THE DEPUTY CONSERVATOR OF FORESTS
GULBARGA DIVISION, ARANYA BHAVAN,
COURT ROAD,
KALABURAGI-585101
6. THE DEPUTY CONSERVATOR OF FORESTS
SOCIAL FORESTRY, JEWARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585101
7. THE DEPUTY CONSERVATOR OF FOREST,
SOCIAL FORESTRY, YADGIRI DIVISION,
YADGIRI
...PETITIONERS
(BY SMT. MAYA T.R., HCGP)
AND
1. SRI SIDDAPPA S/O CHANDAPPA
AGED ABOUT 60 YEARS,
OCC. RTD. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FOREST OFFICER,
KALABURAGI DIVISION,
DIST. KALABURAGI - 585 102.
2. SRI HIRALAL S/O DHARANAYAK,
AGED ABOUT 57 YEARS,
OCC. WATCHER ('D' GROUP),
O/O RANGE FOREST OFFICER,
SOCIAL FOREST OFFICER,
KALABURAGI DIVISION,
DIST. KALABURAGI - 585 102.
3. SRI YAMANAPPA S/O THAMANNA,
AGD ABOUT 58 YEARS,
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OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JIVARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585310.
4. SRI TIRUPATHI S/O BHIMARAYA,
AGED ABOUT 52 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JIVARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585310.
5. SRI HANUMANTHARAYA
S/O BHIMARAYA
AGED ABOUT 60 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JIVARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585310
6. SRI SRINATH S/O BASANNA,
AGED ABOUT 55 YEARS,
OCC. RTD. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585310
7. SRI SAIBANNA S/O PEERAPPA,
AGED ABOUT 60 YEARS,
OCC. RTD. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JIVARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585310
8. SRI KHADAR PATELLA
S/O HUSENPATELA,
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AGED ABOUT 56 YEARS,
OCC. RTD, WATCHER ('D' GROUP),
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585310
9. SRI DHAVALAPPA
S/O GURULINGAPPA,
AGED ABOUT 57 YEARS,
OCC. RTD, WATCHER ('D' GROUP),
O/O RANGE FOREST OFFFICER,
SOCIAL FORESTRY JEWARGI,
KALABURAGI DIVISION,
DIST. KALABURAGI-585310
10. MANAPPA S/O BEMAPPA,
AGED ABOUT 51 YEARS,
OCC. RTD, WATCHER ('D' GROUP),
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI,
YADAGIRI DIVISION,
DIST. YADAGIRI-585310
11. SRI PARVATHAIAH S/O BASAIAH,
AGED ABOUT 53 YEARS,
OCC. RTD, WATCHER ('D' GROUP),
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI,
YADAGIRI DIVISION,
DIST. YADAGIRI-585310
12. SRI BEMANNA S/O BASAPPA,
AGED ABOUT 58 YEARS,
OCC. RTD, WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
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13. SRI BALAPPA S/O YALLAPPA
AGED ABOUT 55 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
14. SRI MALLAPPA S/O JETTEPPA
AGED ABOUT 54 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
15. SMT. HANUMANTHI W/O. SHIVAPPA,
AGED ABOUT 56 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
16. SRI SHIVA SHARAPPA
S/O YENKAAPPA
AGED ABOUT 60 YEARS,
OCC. DRIVER,
O/O CHIEF CONSERVATOR OF FOREST,
KALABURAGI CIRCLE,
DIST. KALABURAGI-585102
17. SRI MANAPPA S/O MALLAPPA,
AGED ABOUT 51 YEARS,
OCC. WATCHER ('D' GROUP),
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
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18. SRI HANUMANTHARAYA
S/O MANESHAPPA
AGED ABOUT 56 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
19. SRI BHANDIGISAB S/O LALSAB,
AGED ABOUT 55 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
20. SRI SHANTHAPPA S/O SIDDAPPA,
AGED ABOUT 56 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
SOCIAL FORESTRY SURPUR,
YADAGIRI DIVISION,
DIST. YADAGIRI-585224
21. SMT. MAPAMMA W/O MALLIKARJUN,
AGED ABOUT 55 YEARS,
OCC. WATCHER ('D' GROUP)
O/O RANGE FOREST OFFICER,
KALABURAGI DIVISION,
DIST. KALABURAGI-585102.
....RESPONDENTS
(BY SRI M. BABU RAO, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION TO
QUASH THE IMPUGNED ORDER DATED 09.11.2021 PASSED BY
THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL,
KALABURAGI BENCH, IN APPLICATION NO.20177 TO
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20197/2021 AS AT ANNEXURE-B AND DISMISS THE
APPLICATIONS OF THE RESPONDENTS.
IN WP NO. 203063/2022
BETWEEN:
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU 560 001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOREST ENVIRONMENT AND
ECOLOGY, M.S BUILDING,
BENGALURU 560 001.
3. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS
ARANYA BHAVAN, 18TH CROSS MALLESHWARAM
BENGALURU 560 003.
4. THE CHIEF CONSERVATOR OF FOREST,
GULBARGA CIRCLE, ARANYA BHAVAN,
COURT ROAD,
KALABURAGI 585 101.
5. THE DEPUTY CONSERVATOR OF FORESTS,
GULBARGA DIVISION, ARANYA BHAVAN,
COURT ROAD,
KALABURAGI 585 101.
6. THE DEPUTY CONSERVATOR OF FORESTS
SOCIAL FORESTRY JEWARGI,
KALABURAGI DIVISION,
DIST: KALABURAGI - 585 101.
...PETITIONERS
(BY SMT. MAYA T.R., HCGP)
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AND:
1. SRI GOPAL S/O NEMU NAYAKA
AGED ABOUT 53 YEARS,
OCC: WATCHER ('D'GROUP)
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI
KALABURAGI DIVISION.
2. SMT. SUSILABAI
W/O BABU
(SINCE HUSBAND DECEASED)
AGED ABOUT 51 YEARS,
OCC: WATCHER ('D' GROUP)
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI
KALABURAGI DIVISION.
3. SRI VITALLA S/O DEVAPPA
AGED ABOUT YEARS,
OCC: WATCHER ('D' GROUP),
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI
KALABURAGI DIVISION.
4. SRI BASAVARAJ S/O SHIVAPPA
AGED ABOUT 53 YEARS,
OCC: WATCHER ('D' GROUP)
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI
KALABURAGI DIVISION.
5. SRI HANUMANTHARAIAH
S/O CHANDRAMAPPA
AGED ABOUT 52 YEARS,
OCC: RETD WATCHER ('D' GROUP)
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI
KALABURAGI DIVISION.
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6. BALABHEEMA S/O HULEPPA
(SINCE FATHER DECEASED)
AGED ABOUT 51YEARS,
OCC: WATCHER ('D' GROUP)
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI
KALABURAGI DIVISION.
7. SMT. PIRMAA W/O LATE GALISAB
(SINCE HUSBAND DECEASED)
AGED ABOUT 53 YEARS,
OCC: WATCHER ('D' GROUP)
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY JEWARGI
KALABURAGI DIVISION.
...RESPONDENTS
(BY SRI M. BABURAO, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR
DIRECTION TO QUASH THE IMPUGNED ORDER DATED
09.11.2021 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, KALABURAGI BENCH, IN
APPLICATIONS NO.20198 TO 20204/2021 AS AT
ANNEXURE-B AND DISMISS THE APPLICATIONS OF THE
RESPONDENTS.
IN WP NO. 201511/2023
BETWEEN:
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA,
REPTD. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOREST
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ENVIRONMENT AND ECOLOGY,
M S BUILDING,
BENGALURU 560 001.
3. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS,
ARANYA BHAVAN 18TH CROSS,
MALLESHWARA,
BENGALURU 560 003.
4. THE CHIEF CONSERVATOR OF FOREST
GULBARGA CIRCLE, ARANYA BHAVAN,
COURT ROAD,
KALABURAGI - 585 101.
..PETITIONERS
(BY SMT. MAYA T.R., HCGP)
AND:
1. SRI BHEEMARAYA S/O MHADEVAPPA
S/O MAHADEVAPPA,
AGED ABOUT 64 YEARS,
OCC: RETD. WATCHER D GROUP,
O/O: RANGE FOREST OFFICER,
SOCIAL FORESTRY, KALBURGI DIVISION,
KALABURAGI DISTRICT,
R/AT: PATHEPURA VILLAGE,
SURAPUR TALUK,
YADGIRI DISTRICT - 523 302.
2. SRI MANAPPA S/O LATE PARMANNA @ PAMPANNA,
AGED ABOUT 48 YEARS,
OCC: NIL,
R/AT: HALABAVI VILLAGE,
SURAPUR TALUKA,
YADAGIRI DISTRICT - 584 127.
(SINCE PARAMANNA DIED)
3. SMT. AMIEENAMMA W/O LATE BALESAB,
AGED ABOUT 62 YEARS,
OCC: NIL,
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R/AT: HUNASIHOLE VILLAGE,
SURAPUR TALUK,
YADAGIRI DISTRICT - 585 290.
(SINCE BALESAB DIED)
...RESPONDENTS
(BY SRI M. BABU RAO, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR
DIRECTION TO QUASH THE IMPUGNED ORDER DATED
21.10.2022 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, KALABURAGI BENCH IN
APPLICATIONS NO.2051 TO 20521/2021 AS AT ANNEXURE-
B AND DISMISS THE APPLICATIONS OF THE RESPONDENTS
AND ETC.
THESE WRIT PETITIONS, COMING ON FOR HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE R.NATARAJ) The State has filed these petitions challenging the orders of the Karnataka State Administrative Tribunal at Kalaburagi [for short 'Tribunal'], dated 09.11.2021 in Applications No.20177-20197 of 2021 C/w. Applications No.20198-20204 of 2021 and order dated 21.10.2022 in Applications No.20519 to 20521 of 2022.
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2. (i) Briefly stated the facts that can be gathered from the proceedings are that the private respondents in these writ petitions were all daily wage employees working in the Forest Department. They were all admitted to the benefit under the Karnataka Daily Wage Employees Welfare Act, 2012 [for short 'Act-2012']. The Department of Personnel and Administrative Reforms [for short 'DPAR'] issued an order on 10.01.2020 extending the benefit of Dearness Allowance from 75% to 90% and HRA from 75% to 90% to the daily wage employees. However, the other benefits as contemplated under Section 4 of the Act-2012 were not extended. The private respondents therefore filed representations claiming the other benefits and sought for a direction to the respondents to consider their representations. The representations were rejected and an endorsement dated 08.12.2020 was issued holding that the private respondents were not eligible for other benefits. The private respondents then filed Applications No.20177 to 20197 of 2021 claiming 100% Dearness
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(ii) The Tribunal in terms of the impugned order allowed the applications and held that the private respondents being daily wage employees are entitled to the benefit of DA and the benefit of revised pay scales including re-fixation of pay in the revised pay scale of the post in which they are serving. Besides this, it also held that the private respondents are entitled to DA and HRA on the same terms that are applicable to regularly appointed government servants in the same post. As regards grant of casual leave and earned leave, it held that the Act 2012 itself provides for grant of the Casual Leave and Earned Leave and therefore if the facilities are not extended to the applicants the same shall be extended forthwith. Similarly, it agreed with the finding of this Court in W.P. No.203599/2016 and held that the private respondents are entitled to the benefit of gratuity under
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NC: 2026:KHC-K:1405-DB WP No. 203104 of 2022 C/W WP No. 203063 of 2022 WP No. 201511 of 2023 HC-KAR the Payment of Gratuity Act, 1972. Being aggrieved by the said order, the State Government has filed these petitions.
3. The learned High Court Government Pleader submitted that the private respondents are entitled to the benefit of DA and HRA as determined by the State Government from time to time. She invited attention of the Court to Section 4 of the Act 2012 and submitted that the daily wage employees are not entitled to the same DA and HRA as applicable to a regularly appointed Government Servant and therefore, the Order dated 10.01.2020 extending the benefit of reduced DA and HRA is just and proper as the daily wage employee cannot be treated on par with a regularly appointed employees. Besides this, she contends that the Tribunal committed an error in granting the benefit of gratuity under the Payment of Gratuity Act by relying upon the judgment of the learned Single Judge of this Court in W.P. No.203599/2016. Therefore, she contends that the
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4. Per contra, the learned counsel for the respondent Nos.1 and 2 submits that the benefit extended by the Tribunal is in line with Section 4 of the Act 2012. He contends that in W.P. No.203599/2016, a similar order dated 10.01.2020 issued by the State Government is held to be of no value as they run counter to the Act 2012. He therefore contends that the State Government has accepted the decision of the learned Single Judge in W.P. No.203599/2016 and hence, it cannot make any distinction between the petitioners in W.P. No.203599/2016 as well as the private respondents in these petitions. He therefore contends that the impugned order passed by the Tribunal is just and proper and does not warrant any interference.
5. We have considered submissions made by the learned High Court Government Pleader for the
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6. The private respondents are all daily wage employees in the Department of Forest and were covered under the provisions of the Karnataka Daily Wage Employees Welfare Act, 2012. It appears that they were granted reduced DA and HRA in terms of an order dated 10.01.2020. The same when challenged before the Tribunal, it relied upon Section 4 of the Act 2012 and held that the DA and the HRA applicable to a regularly appointed employee in the same scale should be extended to the private respondents also. It also held that the private respondents are entitled to 15 days casual leave and earned leave of 30 days per year as well as the gratuity in view of the judgment passed by a learned Single Judge of this Court in W.P. No.203599/2016.
7. A perusal of Section 4 of the Act-2012 makes it more than evident that the daily wage employee is also
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8. Section 4 of the Act-2012, however does not indicate that the State Government is entitled to make a distinction between daily wage employees as well as Government Servants appointed on regular basis. When the daily wage employees are covered under the provisions of Act 2012, the Act mandates that they should be given the similar scale of pay, there is no reason why the benefit of the DA and HRA given to regularly appointed Government Servants in the same post and the same pay scale should not be extended to the private respondents also. Likewise, we do not see any error in order of the Tribunal extending the benefit of earned leave and casual leave as well as the payment of gratuity under the Payment of Gratuity Act, 1972. Payment of gratuity is an additional benefit which is distinct and different from the gratuity which is provided under Rule 4 and Rule 3 of the
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NC: 2026:KHC-K:1405-DB WP No. 203104 of 2022 C/W WP No. 203063 of 2022 WP No. 201511 of 2023 HC-KAR Daily Wage Employees' Welfare Rules 2013. In that view of the matter, the following:
ORDER i. All the petitions are dismissed.
ii. The State Government shall comply with the order passed by the Tribunal within three months from today.
Sd/-
(R.NATARAJ) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE SBS List No.: 1 Sl No.: 40