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2025 DAILYLAW 17676 (KAR)

SMT. MARIYAMMA v. THE CHIEF COMMISSIONER,

WP/5051/2025 · 2025-02-20

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:7704 WP No. 5051 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 5051 OF 2025 (S-R) BETWEEN: SMT. MARIYAMMA W/O. LATE. SAMPANGIYAPPA, AGED ABOUT 63 YEARS, R/AT NO. 312, 2ND MAIN, 1ST CROSS, HOSAPALYA, MADIWALA POST, BEGUR HOBLI, BENGALURU SOUTH, BENGALURU - 560 068. …PETITIONER (BY SRI. H.J. ANANDA, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE - 560 002. 2. ASSISTANT EXECUTIVE ENGINEER JAYANAGAR SUB-DIVISION (ENVIRONMENT CELL) BBMP, 1ST FLOOR, JAYANAGAR SHOPPING COMPLEX, 4TH BLOCK, JAYANAGAR, BANGALORE - 560 011. 3. ASSISTANT CONTROLLER (FINANCE) PENSION SUB-DIVISIONAL OFFICER, OFFICE OF THE CHIEF ACCOUNTS OFFICER, BBMP, N.R. SQUARE, BANGALORE - 560 002. …RESPONDENTS (RESPONDENTS SERVED) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7704 WP No. 5051 of 2025 THIS W.P. IS FILED PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 09.12.2024 VIDE AT ANNX-G SUBMITTED BY THE PETITIONER FORTHWITH IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Petitioner, claiming to be legally wedded wife of one late M.Sampangiyappa is before this Court praying for a writ of mandamus directing the respondents to consider the representation dated 09.12.2024 (Annexure-G) wherein the petitioner has prayed for family pension. 2. Heard learned counsel Sri.H.J.Ananda for petitioner and perused the writ petition papers. 3. A perusal of the representation at Annexure-G dated 09.12.2024 indicates that the family pension is being paid to one Smt.Srimathi in respect of deceased M.Sampangiyappa, deceased Driver of respondent-BBMP. The petitioner claims that she is the legally wedded wife and Smt.Srimathi is not the legally wedded wife. It is also - 3 - NC: 2025:KHC:7704 WP No. 5051 of 2025 seen that the name of Smt.Srimathi was appearing in the pension book of the deceased driver M.Sampangiyappa. When the respondent-BBMP has sanctioned family pension to one Smt.Srimathi, taking note of the service records of late M.Sampangiyappa, direction to consider petitioner’s representation seeking family pension would not arise. 4. The petitioner claims that she is the legally wedded wife of late M.Sampangiyappa who was working as Driver in the respondent-BBMP. If that is so, it is for the petitioner to establish her legal status before appropriate Civil Court and thereafter can approach the respondent- BBMP. 5. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 40