Chikkathayamma v. Deputy Director of

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9572 OF 2023 (S-RES)

BETWEEN: CHIKKATHAYAMMA W/O LATE DODDASIDDAIAH AGED ABOUT 55 YEARS R/AT AGASANAPURA VILLAGE KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT. …PETITIONER (BY SRI. GANAPATHI., ADVOCATE) AND:

¶1DEPUTY DIRECTOR OF BANDUR SHEEP BREADING FARM DHANAGUR MALAVALLI TALUK MANDYA DISTRICT-571401.

¶2THE ACCOUNTANT GENERAL (A AND E) KARNATAKA BENGALURU-560001. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 & R2)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER BEARING NO.PV-14-/R-4/R-8297/2019-20/32 DATED: 05.08.2019 ISSUED BY THE R2 AT ANNEXURE-F UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE AND ETC.

Location: HIGH COURTOF KARNATAKA

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

¶1In this writ petition, the petitioner has sought for the following reliefs: a) Set aside the letter bearing No.PV-14/R-4/R-8297/2019-20/32 dated 05.08.2019 issued by respondent No.2 at Annexure-F under the facts and circumstances of the case. b) Issue a writ of mandamus direct the respondents to reconsider the representation dated 27.06.2019 at Annexure-E submitted by the petitioner under the facts and circumstances of the case. c) Issue a writ or orders as this Hon'ble Court may be deems fit to grant by considering the facts and circumstances of the case, in the interest of justice and equity.

¶2The learned counsel for the petitioner submitted that the petitioner will not press prayer(a) of the writ petition and confines the relief sought only to issuance of a writ of

mandamus directing the respondents to consider the representation of the petitioner at Annexure-E for payment of family pension.

¶3The said submission is placed on record.

¶4The case of the petitioner is that she is the legally wedded wife of Doddasiddaiah, who was working as a driver in respondent No.1-Office. He retired from service on 30.04.2002 upon attaining the age of superannuation and thereafter, was receiving pension. He died on

26.12.2014. Subsequent to his death, the petitioner, being the legally wedded wife of the deceased Doddasiddaiah, submitted an application seeking for payment of family pension. In the meantime, one Smt.Siddamma also claimed to be the wife of deceased Doddasiddaiah. The respondent No.2 vide letter dated 05.08.2019 (Annexure-F) has intimated the petitioner that in all the nominations, list of family members, the name of wife is Smt.Siddamma and accordingly, the family pension was provided to her.

Hence, the entire papers were returned to the petitioner. Aggrieved, the petitioner is before this Court.

¶5During the pendency of this writ petition, the petitioner has filed application seeking for production of additional documents namely, communication dated

20.12.2023 at Annexure-H and communication dated

20.11.2023 at Annexure-J. The said documents are taken on record.

¶6The learned counsel for the petitioner has submitted that Smt.Siddamma was not the legally wedded wife of the deceased Doddasiddaiah and that she is no more. It is further submitted that the petitioner had obtained a decree from the Civil Court in C.Mis.16/2001 filed for maintenance, wherein it was declared that petitioner is the legally wedded wife of the deceased Doddasiddaiah. Thereafter, the respondent No.2 has addressed a letter dated 20.12.2023 (Annexure-J) to the respondent No.1 intimating that the family pension will be authorized to

Smt.Chikkathayamma (petitioner herein) in terms of the Court order and executive order of the Department. However till date, no action has been taken. Hence, he sought for a direction to the respondents to consider the representation of the petitioner.

¶7The learned AGA appearing for the respondents-State has submitted that if the petitioner makes a fresh representation including the communication dated

20.12.2023 (Annexure-H) and communication dated

20.12.2023 (Annexure-J) and other relevant records to respondent Nos.1 and 2, the petitioner's case will be considered in accordance with law.

¶8In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of.

¶9The petitioner is at liberty to submit a fresh representation along with copies of the communication dated 20.12.2023 (Annexure-H) and communication dated

20.12.2023 (Annexure-J) and other relevant records

within a period of two weeks from the date of receipt of the copy of this order. Upon receipt of such representation, the respondent Nos.1 and 2 are directed to consider the case of the petitioner within two months from date of receipt of the fresh representation.

¶10All pending I.As., if any, are disposed of.

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

DM LIST NO.: 1 SL NO.: 24