Dhanapal Shetty v. The State Ofkarnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2170 OF 2025 (S-RES) BETWEEN:

DHANAPAL SHETTY S/O. LATE B.C.CHAYAPPA AGED ABOUT 46 YEARS R/AT. S.BIDARE, KADUR TALUK CHIKKAMAGALUR DISTRICT-577146 …PETITIONER (BY SRI. SHIVAREDDY K N., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001.

¶2THE BLOCK EDUCATION OFFICER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.

¶3THE DEPUTY DIRECTOR OF TREASURIES CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.

¶4THE OFFICER ACCOUNTANT GENERAL (A AND E) KARNATAKA, BENGALURU PB NO.5329/5369, ANNEX BUILDING PARK HOUSE ROAD BENGALURU-560001. …RESPONDENTS

Location: HIGH COURTOF KARNATAKA

(BY SRI.G RAMESH NAIK, AGA FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTIONS AGAINST THE RESPONDENTS FOR ISSUING OF PENSION BENEFITS OF PENSIONER B.S. CHIKKA SHETTY TO HIS HANDICAPPED SON CHAYAPPA AND NOW TO THE PETITIONER.

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

ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: "a) To issue a Writ of Mandamus or any other appropriate writ/directions against the Respondents for issuing of pension benefits of pensioner B.S. Chikka Shetty to his handicapped son Chayappa and now to the petitioner. b) Directing the respondents to consider the Representation Dated:20.09.2024 produced at ANNEXURE-S for issuing of pension benefits of pensioner B.S.Chikka Shetty to his handicapped son Chayappa and now to the petitioner in accordance of Law."

¶2The case of the petitioner is that the petitioner's grandfather, B.S. Chikka Shetty, was appointed as an Assistant Master in a Lower Primary Boys' School in the year 1944. After his retirement from service on

31.03.1977, he was receiving a family pension from the respondents. The said B.S.Chikka Shetty died on

01.07.1998, leaving behind his wife Lakshmamma and his children, including B.C. Chayappa, who is the father of the petitioner, and four other children. Chayappa was physically handicapped.

¶3After the death of B.S.Chikka Shetty, his wife Lakshmamma continued to receive the family pension. On

26.12.2021, Lakshmamma died. The father of the petitioner, B.C. Chayappa, was 75% disabled. The petitioner has produced the disability certificate in this regard, as per Annexures C and D.

¶4Further, the case of the petitioner is that, as per Rule 7 of the Karnataka Government Servants (Family

Pension) Rules, 1964, physically handicapped children are entitled to family pension. Accordingly, during his lifetime, the petitioner's father submitted a representation dated

27.01.2022, vide Annexure-G. The said representation was not considered by the respondents. During the pendency of the said representation, the petitioner's father, Chayappa, died on 05.09.2024.

¶5Thereafter, the petitioner submitted another representation dated

20.09.2024, vide Annexure-S, contending that during the lifetime of Chayappa, i.e., from

27.12.2021 to 04.09.2024, his father was entitled to receive family pension. The representation submitted by the petitioner vide Annexure-S dated 20.09.2024 has not been considered. Therefore, the petitioner is before this Court.

¶6The learned Additional Government Advocate appearing for the respondents submits that, if this Court grants some reasonable time, the representation

submitted by the petitioner vide Annexure-S will be considered in accordance with law.

¶7In view of the above, without expressing any opinion on the merits of the case, the writ petition stands disposed of, directing respondent Nos. 2 to 4 to consider the representation submitted by the petitioner dated

20.09.2024, vide Annexure-S, in accordance with law, as expeditiously as possible and not later than two months from the date of receipt of a certified copy of this order.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

CM LIST NO.: 1 SL NO.: 65