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2025 DAILYLAW 12787 (KAR)

SMT K KALA v. THE REGISTRAR GENERAL

WP/201/2023 · 2025-02-03

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:4870 WP No. 201 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 201 OF 2023 (S-RES) BETWEEN: SMT. K KALA W/O VELU AGED ABOUT 53 YEARS R/AT DOOR NO.125/B 2ND MAIN ROAD BAPUJINAGARA BANGALORE-560026. …PETITIONER (BY SRI. SATISH K., ADV.) AND: THE REGISTRAR GENERAL THE HIGH COURT OF KARNATAKA OPPOSITE TO VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560001. …RESPONDENT (BY SRI. RAGHAVENDRA G GAYATRI, ADV. FOR R1) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT AND DIRECT THE RESPONDENT TO PAY AND SETTLE THE LEAVE ENCASHMENT, GENERAL PROVIDENT FUND, GROUP INSURANCE AND DEATH CUM RETIREMENT GRATUITY (DCRG) OF LATE K. GOPALA, IN FAVOUR OF THE PETITIONER ALONG WITH 8 PERCENT Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4870 WP No. 201 of 2023 INTEREST FROM THE DUE DATE FOR DELAYED PAYMENT TILL DATE OF ACTUAL REALIZATION AND INCLUDE THE COSTS OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Learned counsel for the petitioner files a memo dated 03.02.2025 seeking leave to withdraw the writ petition, with liberty to agitate the grounds urged herein in the P & SC No.25002/2023 pending on the file of the IV Additional City Civil and Sessions Judge, Mayo Hall Unit, Bangalore. 2. The memo is placed on record. 3. The writ petition is dismissed as withdrawn. 4. Liberty insofar as claim to DCRG and service benefits arising out of KCSRs is foreclosed and the petitioner cannot urge before the P & SC Court. If the claim relates to any other benefit or property, the petitioner is at liberty to claim. - 3 - NC: 2025:KHC:4870 WP No. 201 of 2023 5. Learned counsel for the petitioner in support of his prayer for liberty would submit that the petitioner is Class-II heir and she would be entitled for DCRG. 6. The said contention cannot be accepted since, within the definition of “Family” under Rule 302 of KCSRs, daughter, who is Class-I heir would be entitled for DCRG. If there are no Class-I heirs, then Class-II heirs would be entitled. Admittedly the petitioner is class-II heir. In view of dismissal of the writ petition, I.A.No.1/2024 for impleading is rejected. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 0