HC-KAR IN THE HIGH C DATED THIS THE HO THE HON'BLE WRIT A BETWEEN: 1. SRI CHANDRA S/O LATE P. S AGED ABOUT 2. SRI. ANANDA S/O LATE P. S AGED ABOUT 3. SRI. BABU S S/O LATE P. S AGED ABOUT 5. SMT. SHALINI D/O LATE P. S AGED ABOUT 6. SRI. PHILIP S/O LATE P. S AGED ABOUT 7. SRI. PRABHAK S/O LATE P. S AGED ABOUT - 1 - NC: 2025:KHC WA No. 64 H COURT OF KARNATAKA AT BEN HIS THE 28TH DAY OF OCTOBER, PRESENT HON'BLE MR. JUSTICE D K SINGH AND 'BLE MS. JUSTICE TARA VITASTA IT APPEAL NO. 646 OF 2024 (S-R DRASHEKAR S P. SOMAPPA, UT 58 YEARS, DA MURTHY S P. SOMAPPA, UT 54 YEARS, S P. SOMAPPA, UT 51 YEARS, LINI P. SOMAPPA, UT 31 YEARS, IP S P. SOMAPPA, UT 41 YEARS, HAKAR S P. SOMAPPA, UT 39 YEARS, KHC:42882-DB . 646 of 2024 BENGALURU ER, 2025 NGH TA GANJU R) Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU HC-KAR ALL ARE RESI 7TH CROSS, K J.C. NAGAR, BENGALURU (BY SRI. VENKAT AND: 1. SMT. SHARAD ALLEGED 2ND AGED ABOUT RESIDING AT 5TH MAIN, 2ND BENGALURU N R.T. NAGAR, BENGALURU 2. THE COMMISS BRUHAT BENG MAHANAGARA N.R. SQUARE BENGALURU 3. THE ACCOUNT BRUHAT BENG MAHANAGARA N.R. SQUARE, BENGALURU (BY SRI. M.A. SU SRI. AJAY KU THIS WRIT KARNATAKA HIG FOR RECORDS P INCLUDING THE LATE P.SOMAPPA AND ALSO THE O No.21771/2023 ( - 2 - NC: 2025:KHC WA No. 64 ESIDING AT NO.21, KEMPAIAH BLOCK, RU-560 006. …APP KATESH H.N., ADVOCATE) RADAMMA ND WIFE OF P. SOMAPPA, UT 65 YEARS, AT NO.585, ND BLOCK, RU NORTH, , RU-560 032. MISSIONER, ENGALURU ARA PALIKE (BBMP), ARE, RU-560 001. UNTS OFFICER ENGALURU ARA PALIKE (BBMP) ARE, RU-560 001. …RESPO . SUBRAMANI, ADVOCATE FOR R2 AN Y KUMAR M., ADVOCATE FOR C/R1) RIT APPEAL IS FILED U/S 4 HIGH COURT ACT, 1961 PRAYING S PERTAINING TO W.P.No.21771/20 THE ORIGINAL SERVICE REGISTER APPA FROM THE 2ND RESPONDENTS HE ORDER DATED 13.03.2024 PASSE 23 (S-R) AND PERUSE THE SAME AN KHC:42882-DB . 646 of 2024 APPELLANTS ESPONDENTS 2 AND R3; ) 4 OF THE NG TO CALL 1/2023 (S-R) ER ONLY OF ENTS OFFICE SSED IN WP AND ETC. HC-KAR THIS APPEA DAY, JUDGMENT CORAM: HON'BL and HON'BL (PER: HON'BL 1. The present 4 of the Karna challenge the W.P.No.21771/20 The Commission (BBMP) and othe Order”). 2. By the Impu BBMP to pay fam within a period was further hel preclude the righ - 3 - NC: 2025:KHC WA No. 64 PPEAL, COMING ON FOR ADMISSIO ENT WAS DELIVERED THEREIN AS UN N'BLE MR. JUSTICE D K SINGH N'BLE MS. JUSTICE TARA VITASTA G ORAL JUDGMENT N'BLE MS. JUSTICE TARA VITASTA G sent writ appeal has been filed unde rnataka High Court Act, 1961, se he order dated 13.03.2024 pa 1/2023 captioned (Smt. R.Sarada sioner, Bruhat Bengaluru Mahanag others) (hereinafter referred to as “I mpugned Order, a direction was issu family pension to respondent No.1/ iod of two months from the date th held that the Impugned Order w rights of the parties in the pending c KHC:42882-DB . 646 of 2024 SSION, THIS S UNDER: A GANJU A GANJU) nder Section seeking to passed in adamma vs. nagar Palike s “Impugned issued to the o.1/petitioner te thereof. It r would not ng civil suits. HC-KAR 3. The brief fa 3.1. A writ pet endorsement da No.2/BBMP, whic respondent No.1 P. Somappa. Dur filed by one Venk the name of the name in the fam stating that she w 3.2. The said su by filing an appl order dated 01.0 as not maintaina 3.3. After the d /Sharadamma ap family pension Somappa. Howev - 4 - NC: 2025:KHC WA No. 64 f facts are that: petition was filed, being aggrieve dated 30.08.2023 made by re which declined the family pension in o.1/petitioner pertaining to her hus During the lifetime of P. Somappa, Venkatamma @ Ludiyamma seeking the appellants herein and for inserti family pension record relating to P. he was his only legally wedded wife. d suit was contested by P. Somappa, application for rejection of the plain 01.07.2019, the Trial Court dismisse ainable. e demise of P. Somappa, the Re applied for being nominated to re ion stating that she was the wi owever, the same was rejected by KHC:42882-DB . 646 of 2024 ieved by an respondent n in favour of husband late a, a suit was ing to delete sertion of her P. Somappa ife. pa, including plaint. By an issed the suit Respondent o receive the wife of P. by the BBMP HC-KAR which led to the Single Judge. 4. The learne Karnataka Gover 2002 (for short, “ Rule 10(3) of the a dispute or w Authority are no pension, a surviv addition it was h discretion to a entitlement of f order is issued. 5. It is the c children/legal h Venkatalakshmi 28.04.1966 and pension. - 5 - NC: 2025:KHC WA No. 64 the filing of a petition before the arned Single Judge, after exami overnment Servants (Family Pensio rt, “the 2002 Rules”), held that the P f the 2002 Rules stipulates that wher where the particulars available not sufficient to decide the entitl urvivorship certificate should be pro s held that the 2002 Rules do not c any authority to adjudicate u of family pension once a pension . e case of the appellants that they l heirs of late P. Somappa a mi @ Ludiyamma, who were ma and thus, they are entitled to th KHC:42882-DB . 646 of 2024 the Learned amining the nsion) Rules, the Proviso to here there is ble with the ntitlement of produced. In ot confer any e upon the ion payment they are the and Smt. married on o the family HC-KAR 6. At this stag provisions of the stipulates that a pension, is requi that of his wife attested by a G Government Se certificate, the fa widow or widow below: “13(1) A Go rules shall, retirement s his joint pho having been superior Ga the pension Pension Pay amount of F in the Pensi make paym death certif application i grant of Fam the Account to a mino Guardian wi the photogr Head of the payment or required to b - 6 - NC: 2025:KHC WA No. 64 stage it is apposite to set out the the 2002 Rules. Rule 13 of the 20 at a Government Servant while app equired to furnish his photographs ife and the photographs would ha a Gazetted Officer. Upon the deat Servant and upon furnishing th family pension would have to be p dower. Rule 13 of the 2002 Rules i Government servant who is governed by all, while applying for the grant of pension nt should furnish three passport size cop photograph with his wife, one of which wi been attested by the Head of the Off Gazetted Officer or the Receiving Autho sion sanctioning authority be posted Payment Order in the pensioner’s portio of Family Pension admissible will be men ension Payment Order. The Treasury Offic ayment to the widow or widower on rec ertificate of the Pensioner and the fo on in the proforma annexed to Form-‘B’ f Family Pension to her/him under intima untant General. If the Family Pension is p inor through his/her Natural Guardian will apply on behalf of the child with 2 co tographs and other necessary documents the Office and surrender to him the first p t order. A fresh pension payment order to be issue in such cases. KHC:42882-DB . 646 of 2024 the relevant e 2002 Rules applying for hs along with have to be death of the the death e paid to the les is set out d by these sion on his copies of h will after Office or thority or ed in the rtion. The mentioned Officer will receipt of form of ‘B’ for the imation to is payable rdian, the 2 copies of nts to the st pension er will be HC-KAR (2) The regarding General in 6.1 However, t states that the disputed, shall entitlement, in th “10(3) decide that under the ru with him, survivorship not be ins authorize th certified by as per the ru Provid particulars about entit certificate deceased G General sha certificate in and certifica by the Head 7. Undisputedl by the BBMP in wedded wife of P once the claim - 7 - NC: 2025:KHC WA No. 64 he Treasury Officer shall send the intim ing the death of pensioner to the Acco l in Form ‘D’.” r, the proviso to Rule 10(3) the 20 the entitlement to family pensio all require a survivorship certificat in the following manner: (3) In case where the heads of office are hat the claimant is entitled to the family e rules on the basis of the information a m, as up-dated through local enquir ship certificate from the Revenue Authoritie insisted upon. The Accountant Genera e the family pension to the member of the by the Head of the office as the person e rules; ovided that whether there is a dispute lars available are not sufficient to entitlement of the claimant, a surviv ate shall be produced by the family d Government servant and the Acc shall not insist on the production of the e in cases where the fact of death is re ificate in the service book of the deceased ead of the Office.” [Empha tedly, the pension payment order w P in favour Smt.Ludiyamma as th of P. Somappa. It is also not in dis im of Ludiyamma for entitlement KHC:42882-DB . 646 of 2024 intimation ccountant 2002 Rules nsion where ficate for its are able to ily pension n available quiry, the orities need neral shall f the family on entitled ute or the to decide rvivorship ily of the Accountant the death is recorded sed official phasis Supplied] er was issued s the legally dispute that ent of family HC-KAR pension was d No.2088/2013, decree so passe said Ludiyamma subsequent to cannot have cla Respondent No.1 family pension. 7.1. It is also n order of a Civil C children of Ludiy otherwise, which Single Judge or b 8. It is settled Article 227 of th disputed question - 8 - NC: 2025:KHC WA No. 64 s dismissed by the Civil Suit the said Ludiyamma did not chal assed. Since there was no challeng ma to the decree during her to her death, the children of Lu claim or be permitted to contend No.1 would not be entitled to re n. o not in dispute that as on date t il Court with respect to the entitleme udiyamma to receive the family p hich was produced either before th or before this Court. tled law that this Court, in proceedin the Constitution of India, cannot stions of fact. KHC:42882-DB . 646 of 2024 uit in OS challenge the lenge by the her lifetime, Ludiyamma end that the receive the there is no lement of the y pension or the learned edings under not examine HC-KAR 9. In view of above, this Cou Impugned Order. GJM List No.: 1 Sl No.: 25 - 9 - NC: 2025:KHC WA No. 64 of the undisputed facts and the di Court finds no ground to interfere der. The appeal is accordingly dismi Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJ JUDGE KHC:42882-DB . 646 of 2024 discussions fere with the ismissed. ANJU)