Smt. Manjula G Vs the Deputy General Manager

SMT. MANJULA G., W/O LATE V.C. LAKSHMINARAYANA C/O NAVYASHREE V.L., AGED ABOUT 60 YEARS R/AT: 158, 159, 160, 1^ST FLOOR SAI NATHA NILAYA, 7^TH MAIN ROAD, 3^RD CROSS, DASARAHALLI, BENGALURU - 560 057.

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…PETITIONER

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(BY SRI. K.R. GANESH RAO, ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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THE DEPUTY GENERAL MANAGER STATE BANK OF INDIA HUBLI ZONE, HUBLI - 580 009.

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THE ASST. GENERAL MANAGER (PPG) PPG DEPARTMENT LOCAL HEAD OFFICER STATE BANK OF INDIA NEW ANNEXURE BUILDING 3^RD FLOOR, NO.65, ST. MARKS ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. T P MUTHANNA, ADVOCATE)

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NC: 2026:KHC:4404 WP No. 19743 of 2021

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER / LETTER DATED 18.05.2020 ISSUED BY THE ASST.GENERAL MANAGER, (PPG), PPG DEPARTMENT, LOCAL HEAD OFFICER, STATE BANK OF INDIA, BENGALURU, PRODUCED AS ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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The case of the petitioner is that her husbandV.C.Lakshminarayana was initially employed as a casual labour in State Bank of India retired as Assistant Manager. That he had furnished his caste certificate showing himself as belonging to Scheduled Caste Community. He served till he attained superannuation and he was paid pension. That upon a complaint, District Caste Verification Committee by its order dated 26.11.2001 cancelled the said certificate on the premise that he had given a false information with regard to his caste

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NC: 2026:KHC:4404 WP No. 19743 of 2021

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HC-KAR

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certificate. Against which husband of the petitioner had preferred an appeal in Appeal No.13/2001-2002 before the Divisional Commissioner, Social Welfare Department, M.S.Building, Bengaluru, the said appeal was dismissed.

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Aggrieved by which he had preferred a writ petition in W.P.No.23240/2002 which was disposed of by this Court by order dated 18.11.2005 remanding the matter to the Commissioner. Accordingly, the said appeal came to be registered in Appeal No.CR 67/2005-2006. Said appeal came to be dismissed on 06.12.2016 for non prosecution. Consequent upon which respondent-bank has issued communication at Annexure-A stopping the payment of monthly family pension effective from 01.04.2020. Being aggrieved petitioner being his wife is before this Court.

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Learned counsel for petitioner submits that the Commissioner, Social Welfare Department has Committed error in dismissing the appeal for non-prosecution inasmuch as husband of the petitioner had passed away on 04.12.2016 and the order of dismissal of the appeal was passed on 06.12.2016 citing his absence on the date of hearing. He submits that since the husband of the petitioner had expired, there was no

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NC: 2026:KHC:4404 WP No. 19743 of 2021

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HC-KAR

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representation and opportunity was not provided to the petitioner to contest the said appeal on merits.

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Learned counsel for respondent-bank fairly submits in the light of demise of the husband of the petitioner, petitioner be given an opportunity to prosecute the said appeal.

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Heard and perused the records.

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Respondent-bank has issued the impugned communication dated 18.05.2020 at Annexure-A intimating the petitioner herein that the very employment secured by her late husband V.C.Lakshminarayana was treated as void ab initio and

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she would not be entitled for any consequential benefits. The said communication has been issued apparently in the light of the dismissal of the appeal in Appeal No.CR 67/2005-2006 vide order dated 06.12.2016 that was filed by V.C.Lakshminarayana challenging the order dated 26.11.2001 cancelling his caste certificate.

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Perusal of the order dated 06.12.2016 passed by the Commissioner indicate that the same has been dismissed for non-prosecution on the purported premise of absence of the

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NC: 2026:KHC:4404 WP No. 19743 of 2021

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HC-KAR

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husband of the petitioner. Paragraph 11 of the writ petition indicate that the petitioner husband had passed away on 04.12.2016 and the petitioner was not aware of the said proceedings. Though, learned counsel for petitioner also raises grounds with regard to very sustainability of the order dated 26.11.2001 passed by the District Caste Verification Committee, this Court, deems it appropriate to keep all those contentions open to be urged before the Commissioner.

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Accordingly, Petition is partly allowed and communication dated 18.05.2020 at Annexure-A and order dated 06.12.2016 passed in Appeal No.CR 67/2005-2006 by the Commissioner, Social Welfare Department produced at Annexure-D are quashed.

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Appeal before the Commissioner, Social Welfare Department in Appeal No.CR 67/2005-2006 is restored.

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Petitioner shall appear before the Commissioner, Social Welfare Department, M.S.Building, Bengaluru on 13.02.2026 without waiting for any further notice and shall make necessary application to come on record as the legal representative of the deceased employee which shall be allowed and order on merits

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