- 1 - HC-KAR NC: 2025:KHC-D:17258-DB WA No. 100110 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100110 OF 2025 (GM-FF) BETWEEN: SMT SHANTABAI W/O CHANNAPPA SONNAD AGE. 78 YEARS, OCC. HOUSEHOLD WORK, R/O. BALIGAR ONI, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. …APPELLANT (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE UNION OF INDIA THE DEPUTY SECRETARY TO GOVERNMENT OF INDIA BHARAT SARKAR, MINISTRY OF HOME AFFAIRS GRIH MANTRALAYA (FREEDOM FIGHTER DIVISION) 2ND FLOOR, N D C C -II PARLIAMENT STRET NEW DELHI-110001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY DPAR (AR-POLITICAL PENSION-1) Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 16:35:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17258-DB WA No. 100110 of 2025 6TH FLOOR, 1ST STAGE M S BUILDING BENGALURU-560001. …RESPONDENTS (BY SRI M.B. KANAVI, ADVOCATE FOR R1; SRI SHARAD V. MAGADUM, AGA FOR R2) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 28-11-2023 PASSED BY LEARNED SINGLE JUDGE IN W.P.NO.112832/2014 AND ALLOW THE WRIT PETITION FILED BY THE APPELLANT HEREIN IN ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioner is before this Court under Section 4 of High Court of Karnataka Act, 1961 questioning the learned - 3 - HC-KAR NC: 2025:KHC-D:17258-DB WA No. 100110 of 2025 single Judge’s order dated 28.11.2023 in WP No.112832/2014 whereunder, the petitioner’s request for quashing the order dated 11.06.2013, rejecting the claim of the petitioner for pension in Swathantra Sainik Samman Pension Scheme, 1980 is rejected. 2. Heard learned counsel Sri.H.M.Dharigond for appellant and learned counsel Sri.M.B.Kanavi, for respondent No.1 and Sri.Sharad V. Magadum, learned AGA for respondent No.2. 3. Learned counsel Sri.H.M.Dharigond would submit that the petitioner is receiving pension from the State Government under Swathantra Sainik Samman Pension Scheme, 1980, whereas, the request of the petitioner for pension from the Central Government scheme is rejected. He submits that State Government also recommended the case of the petitioner for sanction of pension. However, without taking note of the same, the respondent-Central - 4 - HC-KAR NC: 2025:KHC-D:17258-DB WA No. 100110 of 2025 Government rejected the request of the petitioner as per Annexure-G dated 11.06.2013. 4. Learned counsel Sri.M.B.Kanavi would submit that available record of Central Jail, Belagavi would not indicate that the husband of petitioner was detained in central jail Belagaum. 5. The learned single judge from the records, has found that jail records would not reveal that husband of the petitioner was imprisoned during relevant period in Belagavi jail. Further, learned single judge has observed that co- prisoner certificate is issued by one C.M.Malagi has been held not acceptable because the said C.M.Malagi himself was not imprisoned in Belagavi jail. 6. As the records would not indicate that husband of the petitioner Sri.Channappa Sonnad was imprisoned in Central jail. The respondents-Central Government has rightly rejected the request of the petitioner for pension under Swathantra Sainik Samman Pension Scheme, 1980. - 5 - HC-KAR NC: 2025:KHC-D:17258-DB WA No. 100110 of 2025 7. We do not find any merit in the appeal and accordingly, writ appeal stands dismissed. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB LIST NO.: 1 SL NO.: 32