IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.2370 OF 2012 (L-TER) BETWEEN:
1. THE DEPUTY CONSERVATOR OF FORESTS MYSURU DIVISION, MYSURU 2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPT. OF FOREST, ENVIRONMENT AND ECOLOGY M.S.BUILDINGS, BENGALURU - 560001 (BY SRI. KIRAN KUMAR, HCGP) AND:
SRI BABU SON OF ABDUL GAFAR MUSLIM BLOCK, SHIVAJI ROAD H.D.KOTE, MYSURU DISTRICT … APPELLANTS … RESPONDENT (BY SRI. PRANEETH G. N., ADVOCATE FOR SRI. VIGHNESHWAR S. SHASTRI, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.35070 OF 2010 DATED 29.09.2011.
THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in Writ Petition No.35070 of 2010 dated 29th September 2011, directing payment of lump sum compensation of Rs.1,00,000/- to the respondent in lieu of reinstatement, the writ petitioners-State have filed this appeal.
2. The learned counsel for the appellants contends that the learned Single Judge committed an error in ordering lump sum compensation and that the respondent is not entitled for any relief.
3. The same is disputed by the learned counsel for the respondent.
4. On hearing learned counsels, we do not find any merit in this appeal.
5. The learned Single Judge, while relying on the judgment of the Hon'ble Supreme Court as referred to therein, has held that the respondent was a daily wager who was not appointed against a vacancy and also not in accordance with the roster, and is therefore not entitled to regularization, even if he is reinstated. Therefore, in lieu of reinstatement, a sum of Rs.1,00,000/- is awarded.
6. It is a discretion exercised in equity. We do not find any ground to interfere with the equity exercised by the learned Single Judge. Even otherwise, it is only a paltry sum, that is awarded.
Hence, no interference is called for. Appeal is dismissed.
Sd/- SD/-
JUDGE JUDGE RD