Karnataka High Court
Satyanarayan S/O. Balakrishna Telgar vs The Chief Commissioner on 7 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:11195-DB
WA No.100287 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO.100287 OF 2022 (GM-RES)
BETWEEN:
SATYANARAYANA S/O. BALAKRISHNA TELGAR
AGE. 49 YEARS, OCC. NIL,
R/O. MOULALI BLOCK, MANTUR ROAD,
HUBBALLI, DIST. DHARWAD-580020.
...APPELLANT
(BY SMT. CHETANA S. BIRAJ, ADVOCATE)
AND:
Digitally signed
by JAGADISH T
R
1. THE CHIEF COMMISSIONER
Location: High
Court of FOR PERSONS WITH DISABILITIES (DIVYANGJAN),
Karnataka
Dharwad Bench DEPT. OF PERSON WITH DISABILITIES
(DIVYANGJAN),
MINISTRY OF SOCIAL JUSTICE AND EMPLOYMENT,
GOVERNMENT OF INDIA
NEW DELHI-110001.
2. CHIEF WORKSHOP MANAGER
PERSONAL BRANCH,
CARRIAGE REPAIR WORKSHOP,
HUBBALLI-580020,
SOUTH WESTERN RAILWAYS HUBBALLI.
...RESPONDENT
(BY SRI. VENKATESH KHARVI, CGSC FOR R1 & R2)
-2-
NC: 2024:KHC-D:11195-DB
WA No.100287 of 2022
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE
THE ORDER/JUDGMENT DATED 07/03/2022, PASSED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.105451/2021 AS NULL AND
VOID AND ALLOW THE WRIT PETITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
1. This Intra Court appeal seeks to lay a challenge
to a learned Single Judge's order dated 07.03.2022,
whereby the appellant's W.P. No.105451/2021 (GM-RES)
has been negatived. In the said petition, a claim was laid
for the payment of family pension on the ground that the
appellant being the son of the deceased - employee was
dependent upon him and therefore, he is entitled to the
family pension. Learned counsel appearing for the appellant
vehemently argues that there is abundant material that
vouches the disability of the appellant and that he was
dependent upon the income of the deceased.
NC: 2024:KHC-D:11195-DB
2. Learned CGSC Shri Venkatesh Kharvi on request
accepts notice for respondent Nos.1 & 2 opposes the appeal
making submission in justification of the impugned order
and the reasons on which it has been constructed.
3. Having heard the learned counsel appearing for
the parties and having perused the appeal papers, we are in
complete agreement with the observation of the learned
Single Judge as made in paragraph No.5, which reads as
under:
"5. If such be the case, the petitioner would
not come within the ambit and purview of notification
dated 08.02.2021. Sri.Satyanarayana B
Telgar/party-in-person also refers to an earlier
notification of the year 2014 to contend that he is
eligible for the family pension. The case of the
petitioner being covered by the notification dated
08.02.2021, the competent authority having already
determined that he is capable of earning livelihood, I
am of the considered opinion that there are no
grounds made out by the petitioner for grant of
family pension on account of he being unable to earn
his livelihood, more so when he is present before this
Court and he is addressing his arguments and
contesting the case."
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4. In the above circumstances, the appeal being
unmeritorious is liable to be dismissed and accordingly it is,
costs having been made easy.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
VNP, CT:VP
