IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 21785 OF 2025 (S-KSAT)

BETWEEN:

SRI SHRIRAMA, S/O SRI. GOVINDA BHAT, AGED ABOUT 48 YEARS, R/AT # 2-43 KARIKUMERI, THENKA MIJAR, KOMPADAVU, MANGALORE, DAKSHINA KANNADA - 574 144.

…PETITIONER (BY SRI. DINESH S.K., ADVOCATE)

AND:

Digitally Signed by

1. THE STATE OF KARNATAKA, REKHA R REPRESENTED BY THE PRINCIPAL Location :

High Court SECRETARY TO GOVERNMENT, of Karnataka EDUCATION DEPARTMENT, (PRIMARY AND SECONDARY)

M.S.BUILDING, BENGALURU - 560 001.

2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001.

3. THE DIRECTOR OF PUBLIC INSTRUCTIONS (SECONDARY), O/O. COMMISSIONER OF PUBLIC INSTRUCTIONS, BENGALURU - 560 001.

4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, MANGALORE, DAKSHINA KANNADA DISTRICT - 575 001.

5. THE BLOCK EDUCATION OFFICER, MUDABIDRE TALUK, MUDABIDARE - 574 227.

6. THE ACCOUNTANT GENERAL (A AND E), KARNATAKA, PARK HOUSE ROAD, BENGALURU - 560 001.

…RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN APPLICATION NO.4623/2021 DATED 28/06/2022 (ANNEXURE-A) AND ALLOW THE APPLICATION NO. 4623/2021.

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

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

This petition under Article 226 and 227 of Constitution of India, by the unsuccessful applicant calling in question the order dated 28.06.2022 in Application No.4623/2021, dismissing the application declining to quash the order dated 26.05.2021 [Annexure-A9], passed by the fifth respondent.

2. The parties are referred to as per their rankings before the Tribunal.

3. The brief facts leading to filing of the present petition are as under:

4. The applicant is the brother of Government servant Smt. Yogini. N. She died on 09.08.2018, while working as Headmistress in Government Higher Primary School, Archarakatte, Mudibidare Taluk, Dakshina Kannada District. A little later husband of the Government servant by name Sri. Ramachandra Bhat. K died i.e., on 20.09.2018. The couple did not have any children. Smt.Yogini.N, during her lifetime has nominated her husband Sri.Ramachandra Bhat. K, in the service record. In addition, the applicant has been nominated in the service records i.e., with respect to GIS Form, GPF Form with a statement that in the event the husband of the Government servant died before the death of Government servant, the applicant is permitted to receive DCRG, GIS, GPF, upon the death of Government servant. As the husband of the Government servant died within a short span of time i.e., 1¹/ month immediately after the death of Government Servant, the applicant being a nominee appointed by the Government servant in the service records, filed an application/representation dated 22.04.2021, requesting the respondent authorities to consider his claim and permit him to receive the service benefits stated supra upon the death of Government servant.

5. The fifth respondent issued an endorsement calling upon the applicant to produce succession certificate from the competent Court, to consider his representation for release of service benefits of the deceased Government servant.

6. Aggrieved by the endorsement, the applicant was before the Tribunal in Application No. 4623/2021, for a Writ in the nature of Certiorari to quash the endorsement dated 26.05.2021, and for a Writ of Mandamus, directing the respondents to release the service benefits accrued to the Government servant upon death, in his favour with admissible interest.

7. The Tribunal upon considering the relevant provisions of Karnataka Civil Service Rules formed an opinion that the endorsement issued by the