- 1 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 32185 OF 2019 (S-R) C/W WRIT PETITION NO. 30293 OF 2019 (GM-RES) IN WP NO. 32185/2019 BETWEEN: SHYAMALADEVI @ JAYAMMA W/O LATE NEELAKANTHA SHASTRY, EX.JC 131/227K AGED ABOUT 64 YEARS, R/AT NO.655, 19TH MAIN 4TH CROSS ROAD, VIDYARANYAPURA MYSURU-570007 PPO NO.022629 ARMY …PETITIONER (BY SRI.T.H.AVIN, ADVOCATE) AND: 1. INTEGRATED HQ OF MOD(ARMY) ADJUTANT GENERAL’S BRANCH ADDL DTE GEN PERSONNEL SERVICES PLOT NO.108(WEST), BRASSE AVENUE, CHURCH ROAD NEW DELHI -110051 REPRESENTED BY RECORD OFFICER ALSO AYUDH MASTER GENERAL 2. ARMY RECRUITMENT OFFICE (ARO, BENGALURU) DEPT OF SAINIK WELFARE AND RESETTLEMENT, MYSORE # 58, FIELD MARSHAL CARIAPPA BHAWAN Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 FIELD MARSHALL CARIAPPA ROAD, BANGALORE -560025 3. THE DEPUTY DIRECTOR, ZILLA SAINIK WELFARE OFFICE, JLB ROAD, MYSURU, SQDN LDR AB DEVAIAH BHAVAN NEAR DEPUTY COMMISIONERS OFFICE JLB ROAD, MYSORE-570005 4. THE COMMANDANT EME OFFICE UNNAMED ROAD, MARUTI NAGAR COLONY TRIMULGHERRY SECUNDERABAD-500015 5. AKKAMAHADEVI @ SHAMALADEVI AGED ABOUT 72 YEARS 6. ARATI D/O AKKAMAHADEVI @ SHAMALADEVI AGED ABOUT 42 YEARS BOTH ARE R/AT NO.547, C/O BOREGOWDA, II BLOCK, 19TH CROSS, 1ST MAIN, YELWALA, MYSORE TALUK. …RESPONDENTS (BY SRI.MADANAN PILLAI.R, CGC FOR R1 TO R4; SRI. LOKESH.D.K, ADVOCATE FOR SRI.P.NATARAJU, ADVOCATE FOR R5 & R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE ANNEXURE-A DATED 6TH JUNE 2019 SIGNED BY RAJEEN SANAN LTD COL, RSO TO DG EME AND ANNEXURE-A1 DATED 1.12.2018 SIGNED MAJ. SENIOR RECORD OFFICER, FOR OIC RECORDS NOT BINDING AND ETC., - 3 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 IN WP NO. 30293/2019 BETWEEN: SHYAMALA DEVI @ JAYAMMA WIFE OF LATE NEELAKANT SHASTRY AGED ABOUT 64 YEARS, RESIDING AT NO.655, 19TH CROSS ROAD, 4TH MAIN ROAD, VIDYARANYAPURA MYSURU-570007 AND ALSO AT NO.178, BELAVADI VILLAGE MYSURU TALUK ...PETITIONER (BY SRI.T.H.AVIN, ADVOCATE) AND: STATE BANK OF INDIA KUVEMPUNAGAR BRANCH KUVEMPUNAGAR, MYSURU REPRESENTED BY ITS MANAGER ...RESPONDENT RESPONDENT SERVED THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO RESPONDENT TO PAY FAMILY PENSION AMOUNT TO PETITIONER BY CREDITING TO PETITIONER'S ACCOUNT NUMEBER 54027454045 MATAINED WITH RESPONDENT. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 4 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 ORAL ORDER In both the writ petitions, the petitioner and respondents are one and the same and the subject matter relates to sanction of pension and its recovery. Hence, both the writ petitions are taken up together and disposed of by this common order. 2. Heard learned counsel Sri.Avin T.H. for petitioner in both the writ petitions, Sri.Madanan Pillai R., learned CGC for respondent Nos.1 to 4 as well as Sri.Lokesh D.K. for Sri.P.Nataraju, learned counsel for respondent Nos.5 and 6. Perused the writ petition papers. 3. In the present writ petitions, both petitioner as well as respondent Nos.5 and 6 claim that they are the legal heirs of one Late Neelakant Shastry who was working in Indian Army as Sub-Major (JC-131227K Ex Sub-Major) with the first respondent. It is stated that the said Neelakant Shastry died on 13.06.2009. On the death of said Neelakant Shastry, initially family pension was sanctioned in favour of the petitioner. During the lifetime - 5 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 of Neelakant Shastry, he had filed O.S.No.150/1999 along with his mother Smt.Lakshmidevamma wherein Smt.Arathi daughter of Shamaladevi i.e., respondent No.6 herein and Smt.Akkamahadevi @ Shamaladevi i.e., respondent No.5 are also parties to the proceedings. The said suit was dismissed. There is a finding to the following effect at paragraph 60 of the judgment in the above stated suit, which reads as follows: “60. From the evidence on record, it is lucidly established that Plaintiff No.2(a) Shyamaladevi is the legally wedded wife of deceased Neelakanta Shastry and Plaintiff No.2(b) Arathi is their daughter. Further, it is established that the Plaintiff No.7 is the second wife of Neelakanta Shastry and Plaintiff Nos.3 to 6 are their illegitimate children. To be more precise, it is established that Plaintiff No.2(a) and Plaintiff No.2(b) are the Legal Representatives of deceased Neelakanta Shastry whereas Plaintiffs No.3 to 6 are the illegitimate children of deceased Plaintiff No.2. It is further established that plaintiff No.7 to obtain the pension and death benefit of deceased Neelakanta Shastry has put forth the theory that she is also called by name Jayamma @ - 6 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 Shyamaladevi, which cannot be accepted. However, Plaintiffs No.3 to 6 are also the Legal representatives of deceased Neelakanta Shastry. But they are not entitled for any share in the suit schedule properties in view of findings given on issues No.1 to 3. As such, I am inclined to hold Additional issue No.1 partly in the “affirmative”.” From the above finding, it is clear that respondent Nos.5 and 6 in the present writ petition are the legal representatives of Late Neelakant Shastry, whereas the petitioner herein is the second wife of Late Neelakant Shastry. Based on the said finding of the Civil Court, respondent Nos.1 and 2 cancelled the family pension sanctioned to the petitioner and ordered payment of family pension to respondent No.5. 4. It is submitted that RSA No.729/2022 arising out of O.S.No.887/2011 and RSA No.2499/2018 arising out O.S.No.150/1999 are pending consideration before this Court. - 7 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 5. It is an admitted fact that as on today, respondent No.5 is receiving family pension. Admittedly, RSA No.2499/2018 filed by the petitioner herein against the finding of the trial Court, with regard to legal representatives of Late Neelakant Shastry is pending. At this point of time, no fault could be found with the action of respondent Nos.1 and 2 in canceling family pension sanctioned to petitioner and sanctioning family pension to respondent No.5 based on the finding of the trial Court in O.S.No.150/1999 which is in appeal in RSA No.2499/2018. Respondent Nos.1 and 2 shall have to act in accordance with the judgment and decree in O.S.No.150/1999. The prayers made in both the writ petitions and entitlement to family pension, either to the petitioner or to Respondent No.5 would depend on the outcome of the above stated RSAs pending before this Court. The above writ petitions are disposed of with an observation that respondent Nos.1 and 2 shall take action depending on the outcome of the pending RSAs before this Court. - 8 - NC: 2025:KHC:1439 WP No. 32185 of 2019 C/W WP No. 30293 of 2019 6. Learned counsel Sri.Avin would submit that under communication dated 17.02.2021 addressed to the State Bank of India, respondent Nos.1 and 2 have informed the Bank to recover a sum of Rs.29,00,000/- from the petitioner on the ground that since the petitioner was not entitled for family pension, she has to re-pay the family pension received till October 2018. It is made clear that recovery would depend on the outcome of the above stated pending RSAs. For the present, recovery shall not be proceeded with and recovery proceedings would depend on the outcome of the pending RSAs. Sd/- (S.G.PANDIT) JUDGE MPK CT - SN List No.: 1 Sl No.: 37