A retired college lecturer sought mandamus for release of DCRG and pensionary benefits. He died pending hearing; the Karnataka Jesuit Province's impleading applicant was held to lack locus as no class-I heir came forward, so proceedings stood abated.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 48645 OF 2012 (S-R)
BETWEEN:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
(BY SRI. ROBERT D' SOUZA, ADVOCATE FOR P1(A) )
AND:
NC: 2024:KHC:946 WP No. 48645 of 2012
VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. HARISHA A.S, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE RESPONDENTS & DIRECT THE R1 TO R6 TO RELEASE THE DCRG IN A SUM OF RS.6,00,000/- & ALL OTHER MONETORY PENSIONARY BENEFITS DUE TO THE PETITIONER, PURSUANT TO HIS RETIREMENT ALONG WITH THE INTEREST AT 18% P.A FROM THE DATE OF DUE UNTIL THE DATE OF PAYMENT AND ETC.,
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the petitioner,
who claimed that he has joined service as a Lecturer in
Political Science in respondent No.5/Institution. The petitioner claimed that he retired from service after attaining the age of superannuation on 30.11.2010. The captioned petition is filed alleging inaction on the part of respondent-Management/respondent No.1 and a mandamus is sought against respondents No.1 to 6 to release DCRG to the tune of Rs.6,00,000/- and all other monetary pensionary benefits, that is due to the petitioner with interest at the rate of 18% p.a.
NC: 2024:KHC:946 WP No. 48645 of 2012
seeking service benefits and pension and who is no more, this Court is of the view that the present petitioner, who was permitted to come on record not as a legal heir but as a provincial of the Karnataka Jesuit Province of which the petitioner is found to be a member and ex-officio, has no locus to prosecute the captioned petition. On account of
death of the petitioner, the entire proceedings stand abated as his class-I heir, if any, have not come forward to prosecute the captioned petition. Therefore, the writ petition is liable to be dismissed on account of the death of the petitioner, who had approached this Court seeking mandamus against respondents No.1 to 6 to release the DCRG amount of Rs.6,00,000/and all other monetary/pensionary benefits. Accordingly, writ petition stands dismissed.
Sd/JUDGE
HDK List No.: 1 Sl No.: 14 CT: BHK
1 issue framed by the court
Whether a writ petition seeking DCRG and pensionary benefits abates on the petitioner's death when no legal heir comes forward to prosecute it.
1 provisions across 1 enactments
Dr. (Fr) Ambrose Pinto, S.J.
Fr. Jerome Stanislaus D'Souza, S.J.
State of Karnataka (Higher Education Department)
State of Karnataka, Finance Department (Services-1)
The Commissioner of Collegiate Education
Regional Joint Director of Collegiate Education
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
