Shakuntala Vs the Registrar General and Ors. — Writ and Judicial Review | Karnataka HC (2025)

Shakuntala Vs the Registrar General and Ors. — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.3 (Principal Account General (A & E)) to consider the petitioner's representation dated 30.05.2024 (Annexure-M) in accordance with law, as expeditiously as possible and not later than three months from receipt of a copy of the order; the substantive claim for retrospective family pension with interest was left open for consideration, no opinion being expressed on the merits.

Issue for consideration

Whether the respondents should be directed to consider the petitioner's representation dated 30.05.2024 (Annexure-M) in accordance with law and grant her family pension and other benefits retrospectively from the date of admissibility along with interest.

Court's answer

The Court disposed of the petition without expressing any opinion on the merits of the case.

Ratio / Principle

The third respondent (Principal Account General (A & E)) is directed to consider the petitioner's representation dated 30.05.2024 (Annexure-M) as expeditiously as possible, not later than three months from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India (S-R category) by Smt. Shakuntala, widow of late Basavantraya, a Second Division Assistant who died in service on 14.12.2003 in the office of the fifth respondent (Principal Civil Judge and JMFC, Chincholi). Service records (Annexure-B dated 27.06.2003) showed the petitioner and her children as nominees for family pension; the third respondent (Principal Account General (A & E)) paid DCRG of Rs.1,24,800/- and sanctioned family pension of Rs.2,430/- in favour of the daughter (Annexure-C dated 04.10.2013). Family pension was paid to the daughter only from 15.12.2003 to 25.01.2010 and thereafter to neither the petitioner nor the daughter. On the strength of a Succession Certificate granted to the petitioner and her daughter (P & SC No.01/2017, order dated 24.04.2018), she made a representation dated 30.05.2024 (Annexure-M) to respondent No.3 seeking family pension; no action followed. Without expressing any opinion on the merits, and in view of the learned HCGP's assurance, the Court directed the third respondent to consider the representation as expeditiously as possible, not later than three months from receipt of a copy of the order.

1 -

NC: 2025:KHC-K:3256 WP No. 202265 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 18^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

WRIT PETITION NO. 202265 OF 2024 (S-R)

BETWEEN:

SMT. SHAKUNTALA W/O LATE BASAVANTRAYA AGED ABOUT 62 YEARS OCCUPATION HOUSEHOLD RESIDENCE OF C/O MANIKREDDY PATIL BETAGERA, ANAND NILAYA CINEMA ROAD, SEDAM DISTRICT KALABURAGI-585222. …PETITIONER

(BY SRI. MAHESH PATIL, ADVOCATE)

AND:

Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA

THE REGISTRAR GENERAL HIGH COURT OF KARNATAKA OPP. TO VIDHANA SOUDHA BENGALURU-560001.

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LAW JUSTICE AND HUMAN RIGHTS VIDHANA SOUDHA BENGALURU-560001.

THE PRINCIPAL ACCOUNT GENERAL (A & E) DR. AMBEDKAR VEEDHI ROAD VIDHANA SOUDHA BENGALURU-560001.

THE PRINCIPAL DISTRICT & SESSIONS JUDGE KALBURAGI DISTRICT COURT KALABURAGI-585102.

2 -

NC: 2025:KHC-K:3256 WP No. 202265 of 2024

HC-KAR

THE PRINCIPAL CIVIL JUDGE AND JMFC CHINCHOLI CHINCHOLI, KALABURAGI DISTRICT -585307. …RESPONDENTS

(BY SRI.M A SUBRAMANI, ADVOCATE FOR R4: SMT. MAYA P R HCGP FOR R2 & R3: SRI B PRAMOD, ADVOCATE FOR R1 & R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER HER REPRESENTATION DATED 30.05.2024 AT ANNEXURE-M, IN ACCORDANCE WITH LAW AND GRANT HER FAMILY PENSION AND OTHER BENEFITS RETROSPECTIVELY FROM THE DATE OF HER ADMISSIBILITY ALONG WITH INTEREST IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

ORAL ORDER

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

This writ petition is filed under Articles 226 & 227 of

the Constitution of India, seeking the following relief:

“Issue a writ of mandamus directing the respondents to consider her representation dated 30.05.2024 at Annexure-M in accordance with law and grant her family pension and other benefits retrospectively from the date of her admissibility along with interest in the interest of justice and equity.”

The case of the petitioner is that her husband

Basavantaraya, while working as Second Division Assistant

3 - NC: 2025:KHC-K:3256 WP No. 202265 of 2024

HC-KAR

in the office of the fifth respondent, died on 14.12.2003.

In the service records of the husband of the petitioner, the names of the petitioner as well as the children were shown as the nominees for the family pension vide Annexure-B dated 27.06.2003. The third respondent, vide AnnexureC, dated 04.10.2013, paid the DCRG of Rs.1,24,800/- in favour of the daughter and family pension has been sanctioned at Rs.2,430/- in favour of the daughter. In the meantime, the petitioner and her daughter, both, filed P & S.C. before the Civil Judge and JMFC, Sedam in P & SC No.01/2017. By order dated 24.04.2018, the Succession Certificate has been granted to the petitioner and her daughter. Thereafter, the petitioner submitted a representation vide Annexure-M dated 30.05.2024 to the respondent No.3, seeking grant of family pension in favour of the petitioner stating that the family pension paid to her daughter from 15.12.2003 to 25.01.2010. Afterwards, they are not paying any family pension neither to the petitioner nor to her daughter. So far, no action has been

4 - NC: 2025:KHC-K:3256 WP No. 202265 of 2024

HC-KAR

taken pursuant to Annexure-M. Therefore, the petitioner

is before this Court.

The learned HCGP appearing for respondent No.3 submits that, if this Court grants some reasonable time, the representation submitted by the petitioner vide Annexure-M dated 30.05.2024 would be considered in accordance with law.

In view of the above, without expressing any

opinion on the merits of the case, the third respondent is directed to consider the representation submitted by the petitioner vide Annexure-M dated 30.05.2024, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order.

Sd/(H.T.NARENDRA PRASAD) JUDGE

Cm/-

LIST NO.: 19 SL NO.: 2