- 1 - HC-KAR NC: 2025:KHC-D:12119 WP No. 108075 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.108075 OF 2023 (S-RES) BETWEEN: SMT. LALITA W/O. LATE ASHOK BHAJANTRI, AGE: OCC. HOME MAKER, R/O. NEAR GANGADHARESHWAR TEMPLE, BHAJANTRI ONI, KUNDAGOL-581113, DIST. DHARWAD. …PETITIONER (BY SMT. PADMAJA S. TADAPATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, M.S. BUILDING, BANGALORE-560001. 2. THE DIRECTOR OF VOCATIONAL EDUCATION VISVASWARIAH TOWERS, AMBEKDAR VEEDHI, BANGALORE-560001. 3. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KARNATAKA, RODDHA ROAD, DHARWAD-580004. 4. THE DEPUTY DIRECTOR OF PRE-UNIVERSITY EDUCATION, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12119 WP No. 108075 of 2023 DEPARTMENT OF PUBLIC EDUCATION, RODDA ROAD, DHARWAD-580004. 5. PRINCIPAL SHRI HARABHAT PU COLLEGE, KUNDAGOL-581113, DIST. DHARWAD. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4; R5-NOTICE SERVED) THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A. THE HONBLE COURT MAY KINDLY BE PLEASED TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT NO. 348/2011/12 DATED 14/08/2012 AT ANNEXURE F1 ISSUED BY RESPONDENT NO.5 AND THE ENDORSEMENT NO. G12/SHASHIA/M.KRA/20222-23/1963 DATED 01/09/2023 ISSUED BY RESPONDENT NO.4 AT ANNEXURE-J; B. THE HON BLE COURT MAY KINDLY BE PLEASED TO REGULARIZE THE SERVICES RENDERED BY THIS PETITIONERS HUSBAND DATED 16/08/1990 TO 20/06/2011 SINCE FOR CONSIDERING MORE THAN 21 YEARS OF SERVICE AS REQUIRED FOR SETTLEMENT OF FULL-FLEDGED ELIGIBILITY FOR FAMILY PENSION AND MONETARY BENEFITS; C. THIS HON BLE COURT MAY BE PLEASE TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO SETTLE PENSION AND PENSIONARY BENEFITS ALONG WITH SUCH ARREARS AND OTHER BENEFITS AS ADMISSIBLE FOR THE SERVICE OF 21 YEARS FROM THE DATE OF THE ORDER OF THE COURT ALONG WITH INTEREST AT 12 PERCENT AND EXEMPLARY COSTS. - 3 - HC-KAR NC: 2025:KHC-D:12119 WP No. 108075 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. the Hon’ble Court may kindly be pleased to issue a Writ of Certiorari quashing the Endorsement No. 348/2011/12 dated 14/08/2012 at Annexure F1 issued by Respondent No.5 and the Endorsement No. G12/ShaShiA/M.Kra/2022-23/1963 dated 01/09/2023 issued by Respondent No.4 at Annexure- J. b. The Hon’ble Court may kindly be pleased to regularize the services rendered by this Petitioner’s Husband dated 16/08/1990 to 20/06/2011 since for considering more than 21 years of service as required for settlement of full-fledged eligibility for family Pension and Monetary benefits. c. This Hon’ble Court may be please to issue a writ in the nature of mandamus directing the respondents to settle pension and pensionary benefits along with such arrears and other benefits as admissible for the service of 21 years from the date of the order of the court along with interest at 12% and exemplary costs. d. Any other order in the interest of this Petitioner in the interest of justice and equity as this Hon’ble court deems fit. - 4 - HC-KAR NC: 2025:KHC-D:12119 WP No. 108075 of 2023 2. The grievance of the petitioner is that the family pension subsequent to the expiry of her husband, has not been paid. Instead, endorsements have been issued at Annexures-F1 and J, that her husband being a temporary worker, the family pension could not be paid. 3. The lis in the above matter was already decided by the Coordinate bench of this Court vide order dated 04.04.2003 in WP No.41890 of 2001, wherein, the Coordinate Bench of this Court has categorically held that in such cases, the services of the deceased employee would have to be regularized and the family pension, would be fixed, since the employment was prior to the judgment of the Hon'ble Apex Court in the case of K.S.Mahalingegowda and others vs. Secretary to Government, Department of Vocational Education, Karnataka and others reported in 1995 Supplement (2) SCC 95. - 5 - HC-KAR NC: 2025:KHC-D:12119 WP No. 108075 of 2023 4. The said judgment having been taken on appeal in WA No.6968 of 2003, came to be dismissed on 16.06.2005. Thereafter, the said judgment has been applied by other Coordinate Benches of this Court vide orders dated 20.08.2019 in WP No.101124 of 2017 and 11.10.2019 in WP No.101769 of 2017. 5. In that view of the matter, the petitioner would also be entitled for the very same reliefs. As such, I pass the following; ORDER i. Writ petition is allowed. ii. A certiorari is issued, the endorsement bearing No.348/2011/12 dated 14.08.2012 at Annexure-F1 issued by respondent No.5 and the endorsement bearing No.G12:ShaShiA:M.Kra:2022-23/1963 dated 01.09.2023 issued by respondent No.4 at Annexure-J, are quashed. - 6 - HC-KAR NC: 2025:KHC-D:12119 WP No. 108075 of 2023 iii. The respondents are directed to comply with the directions issued vide order dated 04.04.2003 in WP No.41890 of 2001 and to fix the family pension and make payment of the same as indicated therein within a period of six weeks from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 38