Karnataka High Court
Smt Lalita W/O Late Ashok Bhajantri vs The State Of Karnataka on 16 September, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 108075 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.108075 OF 2023 (S-RES)
BETWEEN:
SMT. LALITA W/O. LATE ASHOK BHAJANTRI,
AGE: OCC. HOME MAKER,
R/O. NEAR GANGADHARESHWAR TEMPLE,
BHAJANTRI ONI, KUNDAGOL-581113,
DIST. DHARWAD.
...PETITIONER
(BY SMT. PADMAJA S. TADAPATRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
Digitally signed DEPARTMENT OF EDUCATION,
by ASHPAK
KASHIMSA M.S. BUILDING, BANGALORE-560001.
MALAGALADINNI
Location: High
Court of 2. THE DIRECTOR OF VOCATIONAL EDUCATION
Karnataka, VISVASWARIAH TOWERS,
Dharwad Bench,
Dharwad AMBEKDAR VEEDHI,
BANGALORE-560001.
3. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
GOVERNMENT OF KARNATAKA,
RODDHA ROAD, DHARWAD-580004.
4. THE DEPUTY DIRECTOR OF
PRE-UNIVERSITY EDUCATION,
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DEPARTMENT OF PUBLIC EDUCATION,
RODDA ROAD, DHARWAD-580004.
5. PRINCIPAL
SHRI HARABHAT PU COLLEGE,
KUNDAGOL-581113, DIST. DHARWAD.
...RESPONDENTS
(BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4;
R5-NOTICE SERVED)
THIS WRIT PETITION IS FILED UNDER ORDER 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A. THE
HONBLE COURT MAY KINDLY BE PLEASED TO ISSUE A WRIT OF
CERTIORARI QUASHING THE ENDORSEMENT NO. 348/2011/12
DATED 14/08/2012 AT ANNEXURE F1 ISSUED BY RESPONDENT
NO.5 AND THE ENDORSEMENT NO.
G12/SHASHIA/M.KRA/20222-23/1963 DATED 01/09/2023
ISSUED BY RESPONDENT NO.4 AT ANNEXURE-J; B. THE HON
BLE COURT MAY KINDLY BE PLEASED TO REGULARIZE THE
SERVICES RENDERED BY THIS PETITIONERS HUSBAND DATED
16/08/1990 TO 20/06/2011 SINCE FOR CONSIDERING MORE
THAN 21 YEARS OF SERVICE AS REQUIRED FOR SETTLEMENT OF
FULL-FLEDGED ELIGIBILITY FOR FAMILY PENSION AND
MONETARY BENEFITS; C. THIS HON BLE COURT MAY BE PLEASE
TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS TO SETTLE PENSION AND PENSIONARY
BENEFITS ALONG WITH SUCH ARREARS AND OTHER BENEFITS
AS ADMISSIBLE FOR THE SERVICE OF 21 YEARS FROM THE
DATE OF THE ORDER OF THE COURT ALONG WITH INTEREST AT
12 PERCENT AND EXEMPLARY COSTS.
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WP No. 108075 of 2023
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
a. the Hon'ble Court may kindly be pleased to issue a
Writ of Certiorari quashing the Endorsement No.
348/2011/12 dated 14/08/2012 at Annexure F1
issued by Respondent No.5 and the Endorsement No.
G12/ShaShiA/M.Kra/2022-23/1963 dated
01/09/2023 issued by Respondent No.4 at Annexure-
J.
b. The Hon'ble Court may kindly be pleased to
regularize the services rendered by this Petitioner's
Husband dated 16/08/1990 to 20/06/2011 since for
considering more than 21 years of service as
required for settlement of full-fledged eligibility for
family Pension and Monetary benefits.
c. This Hon'ble Court may be please to issue a writ in
the nature of mandamus directing the respondents
to settle pension and pensionary benefits along with
such arrears and other benefits as admissible for the
service of 21 years from the date of the order of the
court along with interest at 12% and exemplary
costs.
d. Any other order in the interest of this Petitioner in
the interest of justice and equity as this Hon'ble
court deems fit.
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2. The grievance of the petitioner is that the family
pension subsequent to the expiry of her husband, has
not been paid. Instead, endorsements have been
issued at Annexures-F1 and J, that her husband being
a temporary worker, the family pension could not be
paid.
3. The lis in the above matter was already decided by the
Coordinate bench of this Court vide order dated
04.04.2003 in WP No.41890 of 2001, wherein, the
Coordinate Bench of this Court has categorically held
that in such cases, the services of the deceased
employee would have to be regularized and the family
pension, would be fixed, since the employment was
prior to the judgment of the Hon'ble Apex Court in the
case of K.S.Mahalingegowda and others vs.
Secretary to Government, Department of
Vocational Education, Karnataka and others
reported in 1995 Supplement (2) SCC 95.
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4. The said judgment having been taken on appeal in WA
No.6968 of 2003, came to be dismissed on
16.06.2005. Thereafter, the said judgment has been
applied by other Coordinate Benches of this Court vide
orders dated 20.08.2019 in WP No.101124 of 2017
and 11.10.2019 in WP No.101769 of 2017.
5. In that view of the matter, the petitioner would also
be entitled for the very same reliefs. As such, I pass
the following;
ORDER
i. Writ petition is allowed.
ii. A certiorari is issued, the endorsement bearing
No.348/2011/12 dated 14.08.2012 at Annexure-F1
issued by respondent No.5 and the endorsement
bearing No.G12:ShaShiA:M.Kra:2022-23/1963
dated 01.09.2023 issued by respondent No.4 at
Annexure-J, are quashed.
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iii. The respondents are directed to comply with the
directions issued vide order dated 04.04.2003 in
WP No.41890 of 2001 and to fix the family pension
and make payment of the same as indicated therein
within a period of six weeks from the date of receipt
of certified copy of this order.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
AM
CT:PA
