- 1 - HC-KAR NC: 2025:KHC:40684 WP NO.56387 OF 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.56387 OF 2018 (GM-RES) BETWEEN: HANUMESHA S/O LATE HANUMAIAH, AGED ABOUT 24 YEARS, R/O DUGGANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 436. …PETITIONER (BY SRI. PRAMOD R., ADVOCATE) AND: 1. THE UNION OF INDIA INDIAN AUDIT AND ACCOUNTS DEPARTMENT NEW DELHI, REP. BY ITS SECRETARY NEW DELHI - 01. 2. THE ACCOUNTANT GENERAL (A & E) INDIAN AUDIT AND ACCOUNTS DEPARTMENT, KARNATAKA, PARK HOSUE ROAD, BENGALURU - 560 001. 3. THE SENIOR ACCOUNTS OFFICER INDIAN AUDIT AND ACCOUNTS DEPARTMENT, KARNATAKA, PARK HOSUE ROAD, BENGALURU - 560 001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40684 WP NO.56387 OF 2018 4. THE BLOCK EDUCATION OFFICER THE DEPARTMENT OF EDUCATION, MALAVALLI TALUK, MALAVALLI, MANDYA DISTRICT-571436. …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1; SRI. MAHANTESH SHETTAR, AGA FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 22ND JUNE, 2018 ISSUED BY THE RESPONDENT NO.3 TO THE RESPONDENT NO.4 VIDE ANNEXURE-D; QUASH THE ENDORSEMENT DATED 16TH AUGUST, 2018 ISSUED BY RESPONDENT NO.4 VIDE ANNEXURE-E; DIRECT THE RESPONDENTS 1 TO 4 TO RELEASE THE GENERAL PROVIDENT FUND AMOUNT IN FAVOUR OF PETITIONER; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER The petitioner is challenging the Communication dated 22nd June, 2018 (Annexure-D) issued by the respondent No.3 to the respondent No.4 and Endorsement dated 16th August, 2018 (Annexure-E) issued by the respondent No.4; inter alia - 3 - HC-KAR NC: 2025:KHC:40684 WP NO.56387 OF 2018 sought for direction to the respondents to release the General Provident Fund Amount stands in the name of the deceased Hanumaiah in favour of the petitioner. 2. The relevant facts for adjudication of this writ petition are that the father of the petitioner viz., Hanumaiah was working as Teacher in Government School and died on 02nd June, 2011. It is stated that the deceased Hanumaiah had no issues and the wife of the said Hanumaiah viz., Rathnamma had left the company of her husband on account of dissolution of marriage. It is the case of the petitioner that the petitioner was adopted son of late Hanumaiah and petitioner has filed P & SC No.1/2012 before the Senior Civil Judge and JMFC., Malavalli seeking succession certificate and the competent Court by its order dated 28th April, 2017 (Annexure-B) allowed the petition and granted succession certificate in favour of the petitioner. In the meanwhile, the divorced wife of late Hanumaiah viz. Smt. Rathnamma filed P & SC No.3/2014, seeking succession certificate before the Principal Senior Civil Judge and CJM, Mandya, which came to be dismissed as not maintainable, by order dated 06th April, 2017 (Annexure-C). - 4 - HC-KAR NC: 2025:KHC:40684 WP NO.56387 OF 2018 Thereafter, the petitioner approached the respondent No.4 through the respondent No.3, seeking release of General Provident Fund amount of deceased Hanumaiah, however, the respondent No.3 issued impugned communication letter dated 22nd June, 2018 (Annexure-D), wherein the respondent No.3 directed the respondent No.4 to furnish the latest survivorship certificate to be issued by the competent Tahsildar in respect of the deceased Hanumaiah for taking further necessary action in the matter. In furtherance of the same, the respondent No.4 issued impugned endorsement dated 16th August, 2018 (Annexure-E). Being aggrieved by the same, the petitioner filed the present writ petition. 3. Heard Sri. Pramod R., learned counsel appearing for the petitioner; Sri. H. Shanthi Bhushan, learned Deputy Solicitor General of India for the respondent No.1; and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents 2 to 4. 4. Sri. Pramod R., learned counsel appearing for the petitioner argued that the competent Court granted succession certificate in favour of the petitioner as per the order dated 28th - 5 - HC-KAR NC: 2025:KHC:40684 WP NO.56387 OF 2018 April, 2017 (Annexure-B) in P & SC No.1/2012 and that apart, the application filed by the divorced wife of the deceased Hanumaiah in P & SC No.3/2014 came to be dismissed, by order dated 06th April, 2017 (Annexure-C). In that view of the matter, learned counsel appearing for the petitioner submits that, there is no impediment for the respondent-Authorities to release the benefits of deceased Hanumaiah in favour of the petitioner herein. It is also argued that, late Hanumaiah nominated his mother as the nominee for General Provident Fund purpose and mother of late Hanumaiah is no more. Accordingly, he sought for interference of this Court. 5. Per contra, Sri. H. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for the respondent No.1 supports the impugned communication letter issued by the respondent No.3. 6. Having heard the learned counsel appearing for the parties, it is not in dispute that, late Hanumaiah was working as Teacher in Government School and died on 02nd June, 2011 as per Death Certificate produced at Annexure-A. The petitioner claims to be the adopted son of late Hanumaiah. It is - 6 - HC-KAR NC: 2025:KHC:40684 WP NO.56387 OF 2018 forthcoming form the writ papers that the wife of deceased Hanumaiah viz. Rathnamma filed P & SC No.3/2014, seeking succession certificate, which came to be dismissed, by order dated 06th April, 2017 (Annexure-C) by the competent Court, which had reached finality. On the other hand, the petitioner filed P & SC No.1/2012 seeking succession certificate before the competent Court, claiming as the adopted son of late Hanumaiah and the said petition came to be allowed on 28th April, 2017 (Annexure-B). It is also forthcoming that the marriage between late Hanumaiah and Smt. Rathnamma was dissolved as per the order dated 06th October, 2001 in M.C. No.1 of 2001 on the file of Principal Civil Judge (Sr.Dn.), Mandya. In the backdrop of these aspects, as the petitioner has succeeded in P & SC No.1/2012, I am of the opinion that the impugned letter dated 22nd June, 2018 (Annexure-D) addressed by the respondent No.3 to the respondent No.4, directing the respondent No.4 to secure the Survivorship Certificate from the competent authority and the endorsement dated 16th August, 2018 (Annexure-E) issued by the respondent No.4 to the petitioner does not survive for consideration. Therefore, respondents are directed to release - 7 - HC-KAR NC: 2025:KHC:40684 WP NO.56387 OF 2018 the General Provident Fund Amount (Account No.EDN-86614) of the deceased Hanumaiah in favour of the petitioner herein and as a measure of protection, it is open for the respondents to direct the petitioner to furnish Bank Guarantee in respect of the amount that may be released in favour of the petitioner. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 30