- 1 - NC: 2025:KHC:2091 WP No. 14227 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 14227 OF 2024 (S-RES) BETWEEN: M. RAJESHWARI, D/O K MARIYAPPA AGED ABOUT 59 YEARS R/AT NO.230, 1ST FLOOR 2ND CROSS, 3RD MAIN ROAD HANUMANTHANAGAR BANGALORE 560019. …PETITIONER (BY SRI. RANGANATHA S JOIS, ADV.) AND: 1. THE BANGALORE UNIVERSITY REP. BY ITS REGISTRAR JNANA BHARATI BANGALORE- 560001. 2. THE VICE CHANCELLOR THE BANGALORE UNIVERSITY JNANA BHARATI PREMISES BANGALORE -560001. 3. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION M.S. BUILDING BENGALURU-560001. …RESPONDENTS (BY SRI. SIDDHARTH PADMARAJ DESAI, ADV. FOR R1 & R2 SRI V SHIVAREDDY, AGA FOR R3) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2091 WP No. 14227 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1 TO 3 TO RELEASE THE FAMILY PENSION PAYABLE TO THE PETITIONER AS THE LEGAL DAUGHTER OF LATE K.MARIYAPPA WHO WAS THE DECEASED EMPLOYEE OF THE RESPONDENT UNIVERSITY UNDER THE PROVISIONS OF RULE 9(D)(I)(A) OF THE KARNATAKA GOVERNMENT SERVANTS (FAMILY PENSION) RULES OF 2002 VIDE ANNEXURE-D, IT IS METATARSI AND IS APPLICABLE TO THE RESPONDENT UNIVERSITY AND TO PAY THE FAMILY PENSIONARY BENEFITS FROM THE DATE OF DEATH OF THE MOTHER OF THE PETITIONER TILL DATE ALONG WITH INTEREST AT 12 PERCENT ANNUM. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Petitioner, wife of one K.Mariyappa who was working as Attender in the Central College, Bengaluru belonging to respondent No.1 – University is before this Court praying for the following relief: “Issue a writ in the nature of mandamus directing the respondents 1 to 3 to release the family pension payable to the petitioner as the legal daughter of late K.Mariyappa who was the deceased employee of the respondent - 3 - NC: 2025:KHC:2091 WP No. 14227 of 2024 University under the provisions of Rule 9(D)(i)(a) of the Karnataka Government Servants (Family Pension) Rules of 2002 vide Annexure-D, it is metatarsi and is applicable to the respondent University and to pay the family pensionary benefits from the date of death of the mother of the petitioner till date along with interest at 12% per annum, in the interest of justice and equity.” 2. Heard the learned counsel Sri.Ranganatha S. Jois for petitioner, learned counsel Sri.Siddharth Padmaraj Desai, for respondent Nos.1 and 2 and learned Additional Government Advocate Sri.V.Shivareddy for respondent No.3. Perused the writ petition papers. 3. Learned counsel for the petitioner Sri.Ranganatha S. Jois would submit that, petitioner is the daughter of one late K.Mariyappa who was working as Attender in the respondent-University. He further submits that petitioner is a physically challenged person and in terms of Rule 9(D)(i)(a) of the Karnataka Government Servants (Family Pension) Rules, 2002 (for short, ‘2002 - 4 - NC: 2025:KHC:2091 WP No. 14227 of 2024 Rules’), which is applicable to University employees, petitioner would be entitled for family pension since both the father and mother are no more. Learned counsel would further submit that in that regard, petitioner has submitted representation to both the University as well as Government on 27.12.2024 and 03.01.2025, which are placed on record as Annexures-F and G respectively along with memo dated 10.01.2025. Learned counsel would submit that Annexure-F representation dated 27.12.2024 is submitted to the Commissioner, Collegiate Department, Bengaluru whereas Annexure-G representation is submitted to the Principal Secretary to Government, Education Department. It is also submitted that the petitioner has submitted representation to the respondent- University dated 20.10.2023 (Annexure-E). 4. Learned counsel appearing for the respondents would submit that taking note of the provisions of the 2002 Rules, appropriate orders would be passed by considering the representations of the petitioner. - 5 - NC: 2025:KHC:2091 WP No. 14227 of 2024 5. Taking note of the above submission, the following: ORDER a) Respondents are directed to consider the representations dated 27.12.2024 and 03.01.2025 submitted to the third respondent – Government and representation dated 20.10.2023 (Annexuer-E) submitted to respondent – University, taking note of the 2002 Rules and pass appropriate orders, within two months from today. b) With the above, writ petition stands disposed of. c) All contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE NC CT:bms