- 1 - HC-KAR NC: 2025:KHC-D:16860 WP No. 103231 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103231 OF 2018 (S-R) BETWEEN: SMT. ELIA MEENAKSHI CHARLES AYAPPA, AGE: 70 YEARS, OCC. RETIRED, R/O: OPPOSITE COURT, MISSION COMPOUND, TQ and DISTRICT. BELAGAVI. …PETITIONER (BY SRI. ANAND.L.SANDRIMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18TH CROSS MALLESHWARAM, BENGALURU-560012. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA, BENGALURU-560001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, CLUB ROAD, BELAGAVI, DISTRICT. BELAGAVI. 4. THE PRINCIPAL C.P.ED. COLLEGE CLUB ROAD, BELAGAVI EARLIER KNOWN AS B.S. COLLEGE OF PHYSICAL EDUCATION BELAGAVI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP R1 TO R3 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16860 WP No. 103231 of 2018 SRI. S.G. KADADAKATTI, AND SRI. LINGESH V. KATTIMANI, ADVOCATES FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE RESPONDENTS No.1, 3 & 4 TO CONSIDER REPRESENTATION DATED 28/08/1998 AND LEGAL NOTICE DATED; 23/10/2017 VIDE ANNEXURE-E & F AND SETTLE THE PENSION OF THE HUSBAND OF THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ in the nature of Mandamus or any other writ or direction, directing the respondent No.1, 3 & 4 to consider representation dated 28/08/1998 and legal notice dated 23/10/2017 vide Annexure-E & F and settle the pension of the husband of the petitioner, in the interest of justice and equity. B. Pass any such appropriate orders as this Hon'ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity - 3 - HC-KAR NC: 2025:KHC-D:16860 WP No. 103231 of 2018 2. Heard the learned counsel Sri. A.L. Sandrimani appearing for the petitioner, the learned HCGP Smt. Girija S. Hiremath for respondent Nos.1 to 3 and the learned counsel Sri. S.G. Kadadakatti and Sri. Lingesh Kattimani appearing for respondent No.4. 3. The husband of the petitioner is said to have died in harness on 13.05.1992. After the death of her husband, the petitioner is said to have submitted certain representations seeking release of pensionary benefits available to the husband- Charles Wesley Ayappa during his service. The said representation is not yet considered. Therefore, the petitioner is before this Court. 4. Though it is too late in the day for a direction to consider the representation, since the petitioner is 70 years and is the widow of an employee, who died in harness, I deem it appropriate to direct respondent Nos.3 and 4 to consider the representation and pass necessary orders in accordance with law if not already considered as on date. In the event it is considered, the petitioner is at liberty to avail of such remedy as - 4 - HC-KAR NC: 2025:KHC-D:16860 WP No. 103231 of 2018 available in law. If it is not considered, the same shall be considered within 12 weeks from the date of receipt of the copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB