Dismissed¶58

Sri Shanthi Prakash, v. the Principal Secretary

Karnataka HC6 Feb 2026WA/1058/2024

Case brief

AI extract

What is this about?

Writ appeal dismissed; daily wager; regularization denied; Karnataka Daily Wage Employees' Welfare Act 2012; Notification dated 28.06.2014; financial benefit Rs.5,62,154/- paid on superannuation at 60 years; prayer to be treated as regular employee with consequential benefits held not maintainable; Single Judge order in W.P.No.13096/2024 upheld; appeal under Section 4 Karnataka High Court Act; interim applications rejected; Karnataka High Court at Bengaluru; D K Singh and G Basavaraja, JJ.

What did the court decide?

Neither the provisions of the Act (Karnataka Daily Wage Employees' Welfare Act 2012) nor the Notification dated 28.06.2014 was the subject matter of challenge before the learned Single Judge ¶51

Sri Shanthi Prakash, Vs the Principal Secretary — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the appellant, who was employed only as a Daily Wager and had already been paid financial benefits of Rs.5,62,154/- under the Karnataka Daily Wage Employees' Welfare Act 2012 and the Notification dated 28.06.2014, could be treated as a regular employee with all consequential benefits on attaining superannuation

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Court's answer

Neither the provisions of the Act (Karnataka Daily Wage Employees' Welfare Act 2012) nor the Notification dated 28.06.2014 was the subject matter of challenge before the learned Single Judge

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Ratio / Principle

The petitioner was never given regular employment, only daily-wage work; he has already been paid Rs.5,62,154/- in accordance with the Act and the Notification dated 28.06.2014, and therefore his prayer to be treated as a regular employee with all consequential benefits is absolutely not maintainable

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Key takeaways

The learned Single Judge committed no error of law or fact requiring interference by this Court, and the writ appeal is dismissedratio¶57
In view of dismissal of the appeal, pending interim applications, if any, do not survive for consideration and stand rejectedratio¶59

Detailed headnote1 paragraphs

Writ Appeal under Section 4 of the Karnataka High Court Act against the learned Single Judge's order dated 05.06.2024 in W.P.No.13096/2024 dismissing a retired First Division Clerk's petition seeking treatment as a regular employee with consequential benefits. The appellant had earlier obtained a direction (judgment dated 08.12.2023 in W.P.No.24495/2023) to consider his case for regularization; in pursuance thereof, Notification dated 28.06.2014 was issued permitting him to continue as a Daily Wager until completion of 60 years with certain financial benefits, and he was paid Rs.5,62,154/- on attaining superannuation. Held (per D K Singh, J): neither the Karnataka Daily Wage Employees' Welfare Act 2012 nor the Notification dated 28.06.2014 was under challenge before the learned Single Judge; the appellant was never given regular employment, only daily-wage work, and having already been paid the financial benefits in accordance with the Act and the Notification, his prayer to be treated as a regular employee with all consequential benefits was absolutely not maintainable. The learned Single Judge committed no error of law or fact warranting interference; the writ appeal was dismissed and pending interim applications were rejected.

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NC: 2026:KHC:7075-DB WA No. 1058 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT APPEAL NO. 1058 OF 2024 (S-RES)

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BETWEEN:

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SRI SHANTHI PRAKASH, S/O LATE CHIKKANNA, AGED ABOUT 63 YEARS, FIRST DIVISION CLERK (RETIRED), R/AT NADEMAVINAMARA,

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KUNIGAL TALUK, YADIYURU HOBLI, TUMKUR DISTRICT-572130

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…APPELLANT

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(BY SRI. S.V.GIRI KUMAR., ADVOCATE)

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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AND:

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THE PRINCIPAL SECRETARY, ANIMAL HUSBANDRY FISHERIES, VIKAS SOUDHA, 4TH FLOOR, DR B.R.AMBEDKAR VEEDHI, BENGALURU-560001

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THE PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC ADMINISTRATIVE AND REFORMS, VIKAS SOUDHA, BENGALURU-560001

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DIRECTOR OF FISHERIES PODIYAM BLOCK, 3RD FLOOR,

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2 - NC: 2026:KHC:7075-DB WA No. 1058 of 2024

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HC-KAR

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V.V.TOWER, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001

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DEPUTY DIRECTOR OF FISHERIES NATIONAL FISH SEED FARM, B R PROJECT, BHADRAVATHI (T), SHIMOGA-577115

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ASST. DIRECTOR OF FISHERIES VANI VILASA SAGARA, HIRIYUR (T) CHITRADURGA-577599

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 05/06/2024 IN WP NO.13096/2024 BY THE LEARNED SINGLE JUDGE AND PASS SUCH OTHER APPROPRIATE ORDERS, ALLOWING THE SAID WRIT APPEAL, ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE G BASAVARAJA

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NC: 2026:KHC:7075-DB WA No. 1058 of 2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court Appeal has been filed impugning the judgment and order dated 05.06.2024 passed by the learned Single Judge in W.P.No.13096/2024 (S-RES), filed by the appellant herein.

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Heard Sri S.V. Giri Kumar, learned counsel appearing for the appellant and Sri Mohammad Jaffar Shah, learned AGA appearing for the respondents.

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The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

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The petitioner initially filed W.P.No.24495/2023 (S-RES) seeking regularization and consequential benefits.

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The learned Single Judge vide judgment dated 08.12.2023 disposed off the said writ petition with a direction to the respondents to consider the case of the petitioner for regularization under the relevant rules.

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NC: 2026:KHC:7075-DB WA No. 1058 of 2024

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HC-KAR

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In pursuance to the said direction issued by the learned Single Judge, petitioner's application for

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regularization was considered under the relevant rules and the Notification dated 28.06.2014 was issued stating that

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the petitioner shall continue as Daily Wager until completion of 60 years and that he would be entitled to certain financial benefits. The petitioner on attaining the age of 60 years was paid a sum of Rs.5,62,154/- as the financial benefit conferred on him pursuant to the Notification dated 28.06.2014. The petitioner is now aged more than 65 years and has come up before this Court for the second time, for re-consideration of his representation

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and for giving him all consequent benefits as a regular employee on attaining the age of superannuation, with the following prayer:-

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"A. set-aside the impugned order dated 05.06.2024 in writ petition No.13096/2024 (S) by the learned Single Judge and pass such other appropriate orders, allowing the said Writ Appeal in the interest of justice and equity."

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HC-KAR

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The learned Single Judge has dismissed the writ petition on the ground that petitioner's earlier writ petition was disposed off with a direction to the authorities to consider his case. On considering his case, he was allowed to work as Daily Wager till he attained the age of superannuation, in pursuance to the provisions of the Karnataka Daily Wage Employees' Welfare Act 2012 (for short 'the Act' ), and the Notification issued on 28.06.2014. He has been given the financial benefits of Rs.5,62,154/- on attaining the age of superannuation.

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Neither the provisions of the Act nor the Notification dated 28.06.2014 was subject matter of challenge before the learned Single Judge.

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The petitioner was not given the regular employment, he was employed only as a Daily Wager. The petitioner has already been paid a sum of Rs.5,62,154/- in accordance with the Act and the Notification dated 28.06.2014. Therefore, the prayer of

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HC-KAR

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the petitioner for treating him as regular employee with all

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consequential benefits is absolutely not maintainable.

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Therefore, we do not see that the learned Single Judge has committed an error of law or the facts, which requires an interference by this Court, which is why we,

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dismiss this writ appeal.

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