1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 31^ST DAY OF MAY 2021

PRESENT

THE HON’BLE MR.JUSTICE S.G.PANDIT

AND

THE HON’BLE MR.JUSTICE M.G.S.KAMAL

WRIT PETITION NO.201099/2016 (S-KAT)

Between:

Smt. Maheboob Bee

W/o Late Imtiyaz Ahmed Khan

Aged about 32 years

H.No.9/981, Near Ekan Masjid

Subhash Nagar, Shahabazar Naka

Kalaburagi 585106

... Petitioner

(By Sri Shravankumar G. Math, Advocate)

And:

1.

The State of Karnataka

Represented by its Secretary

in the Department of Education

M.S. Building

Sachivalaya-II, Bangalore-560 001

2.

The Director

Additional Commissioner Office

Public Instruction

Aiwan-A-Shahi Colony

Kalaburagi District

Kalaburagi-585106

2

3.

The Deputy Director of Public

Instruction, Aiwan-A-Shahi Colony

Kalaburagi District

Kalaburagi-585106

4.

The Accountant General in Karnataka

Represented by its Accounts Officer

Post Box No.5369, Park House Road

Bangalore-560001

5.

Smt. Jaheda Begum

W/o Late Imtiyaz Ahmed Khan

Age about 40 years

R/o Opp: M.R. Medical College

Sedam Road, Kalaburagi-585105

6.

The Head Master

Government SC/ST

Kanya Residential Girls High School

Jagath, Kalaburagi-585105

... Respondents

(By Smt. Archana P. Tiwari, AGA for R1 to R4 and R6;

Sri Sharanabasappa K. Babshetty, Advocate for R5)

This Writ Petition is filed under Articles 226 and 227

of the Constitution of India, praying to (i) issue a writ of

certiorari to set aside the order of Karnataka Administrative

Tribunal, Bangalore in Application No.313/2014, dated

23.09.2015 vide Annexure-C; (ii) issue a writ of certiorari for

quashing/setting

aside

the

impugned

order

vide

No.siki(6)/kutumba:pinchani:mu:57:2010-11/3591

dated

18.11.2013

as

per

Annexure-A5

passed

by

second

respondent as null and void with a direction to the

respondents to release the family pension in the name of the

petitioner forthwith, with all consequential benefits along

with interest at the rate of 12% p.a.

3

This petition coming on for final hearing this day,

S.G.Pandit, J., made the following:

ORDER

The petitioner is before this Court under Article

226 of the Constitution of India questioning the legality

and correctness of the order dated 23.09.2015 in

Application No.313/2014 passed by the Karnataka

State Administrative Tribunal, Bangalore (for short the

'Tribunal') rejecting the prayer of the petitioner for

family pension.

2. Heard learned counsel for the petitioner Sri

Shravankumar G. Math and learned AGA Smt. Archana

P. Tiwari for respondents 1 to 4 and 6 and Sri

Sharanabasappa K. Babshetty for respondent No.5.

3. Brief facts of the case are that the petitioner

claims that she is the second wife of late Imtiyaz Ahmed

Khan who was working as Attendant in Government

SC/ST Residential Girls High School, Kalaburagi. The

said Imtiyaz Ahmed Khan died while in service on

4

09.10.2010. Fifth respondent herein is the first wife of

late Imtiyaz

Ahmed Khan,

deceased

Government

servant. The petitioner approached the second

respondent praying for grant of family pension based on

the compromise decree entered into between the

petitioner and the fifth respondent. Further, the

petitioner also stated that the late Government servant

Imtiyaz Ahmed Khan had nominated the petitioner as

nominee to receive pensionary benefits. The second

respondent

by

endorsement

dated

18.11.2013

(Annexure-A5) rejected the request of the petitioner

stating that compromise entered into between the

petitioner and the fifth respondent is not binding on the

Government and granting of service benefits would be

considered in accordance with service rules. Aggrieved

by the said endorsement, the petitioner approached the

Tribunal in the above stated application inter alia

seeking direction to release the family pension. The

Tribunal,

after

hearing

both

the

parties,

under

5

impugned order dated 23.09.2015 dismiss