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2025 DAILYLAW 48597 (KAR)

A S BHAGYA v. THE DIRECTOR

WP/20610/2024 · 2025-12-19

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54583 WP No. 20610 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 20610 OF 2024 (S-RES) BETWEEN: 1. A S BHAGYA, W/O NAGARAJU M, AGED ABOUT 64 YEARS, R/O KANAKAPURA TALUK, SATHNUR HOBLI, MALLEGOWDANA DODDI GRAMA, HONNIGANAHALLI, RAMANAGARA DISRICT-562126. …PETITIONER (BY SRI. VINAY D HOSMATH, ADVOCATE) AND: 1. THE DIRECTOR, SRI JAYADEVA INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH, JAYANAGAR 9TH BLOCK, BANNERGHATTA ROAD, BENGALURU-560069. 2. NATIONAL SECURITIES DEPOSITORY LIMITED (NSDI), PROTEAN E GOV TECHNOLOGIES LTD., Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54583 WP No. 20610 of 2024 4TH FLOOR, TIMES TOWER, KAMALA MILLS COMPOUND, LOWER PARLE MUMBAI, MAHARASHTRA-400013. 3. SMT SHILPASHREE S, W/O LATE INDUMUMAR N, AGED MAJOR, R/O UMMAR HALLI, KASABA HOBLI, MANDYA TALUK AND DISTRICT-571422. …RESPONDENTS (BY SMT. VAMSHI KRISHNA C, ADVOCATE FOR R1 R2 AND R3 ARE SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER THE APPLICATION OF THE PETITIONER VIDE ANNX-D AND ALLOW HER TO EXIT FROM THE NATIONAL PENSION SYSTEM AND GIVE HER ALL THE BENEFITS OF THE SCHEME AS SHE IS THE NOMINEE OF THE DECEASED INDUKUMAR N FORTHWITH, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:54583 WP No. 20610 of 2024 ORAL ORDER The petitioner has filed this writ petition seeking a mandamus directing respondent Nos.1 and 2 to consider her application vide Annexure-D, wherein the petitioner had requested to allow her to exit from the National Pension System and give her all the benefits of the scheme as she is the nominee of the deceased employee Indukumar.N. It is also stated that, respondent No.3 who is the wife of the deceased employee i.e., Indukumar.N submitted no objection to release the pensionary benefits in favour of the petitioner. The respondents have not considered the application vide Annexure-D. Hence, this writ petition. 2. Respondent No.1 has filed a statement of objections contending that, the application of the petitioner was forwarded to respondent No.2 and respondent No.2 has to consider the application of the petitioner. Hence, prays to dispose of the writ petition. - 4 - HC-KAR NC: 2025:KHC:54583 WP No. 20610 of 2024 3. Heard the arguments of learned counsel for the parties and perused the records. 4. It is an undisputed fact that the son of the petitioner was working in respondent No.1-Institute and he died while he was in service. The deceased has shown the petitioner as a nominee. After the demise of the deceased employee, the petitioner has submitted a representation on 03.09.2022 vide Annexure-C to respondent No.1, seeking to release pensionary benefits of her deceased son, as she is the nominee and also an application vide Annexure-D was made. Respondent No.1 forwarded the application submitted by the petitioner to respondent No.2. Respondent No.2 has not taken any decision on the recommendation made by respondent No.1. 5. In view of the above discussion, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:54583 WP No. 20610 of 2024 ORDER i. The writ petition is disposed of; ii. Respondent No.2 is directed to pass the appropriate orders on the recommendation made by respondent No.1, within 8 weeks from the date of receipt of a certified copy of this order; iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 5