- 1 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 107885 OF 2024 (GM-RES) BETWEEN: M. JAYAMMA @ M. CHANDRAMMA W/O. K. MALLIKARJUNA, (MAIDEN NAME CHANDRAMMA) AGE: 79 YEARS, OCC: HOUSEHOLD WORK, R/O. RAVI SAGAR BUILDING, 1ST MAIN, 4TH CROSS, SHRINAGAR, DHARWAD-580 003. …PETITIONER (BY SRI. M.B. HIREMATH, ADVOCATE) AND: 1. THE COMMANDING OFFICER, 1 KAR Bn. NCC, 11TH FLOOR, P.U. BUILDING, M.G. ROAD, BANGALORE-560 001. 2. ACCOUNTANT GENERAL (A & E) AND FIRST APPELLATE AUTHORITY, P.B. NO.5329/5369, PARK HOUSE ROAD, KARNATAKA, BENGALURU-560001. 3. DEPUTY ACCOUNTANT GENERAL (ADMN) & CPIO, P.B.NO.5329/5369, PARK HOUSE ROAD, KARNATAKA, BENGALURU-560001. …RESPONDENTS (BY SRI. VENKATESH M. KHARVI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED 21.02.2024 PASSED BY 3RD RESPONDENT IN AG (A & E)/RTI/CELL(PR-315)/2023-24/1496 WHICH IS PRODUCED AT ANNEXURE-G. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.19 12:48:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 b) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 19.03.2024 PASSED BY 2ND RESPONDENT PRODUCED AT ANNEXURE-J. c) CONSEQUENTLY ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS TO RECTIFYING THE NAME OF PETITIONER IN SERVICE REGISTER AND MAKE PAYMENT OF PENSION FROM 12.01.2023 TILL THIS DATE WITH INTEREST AT HE RATE OF 12% P.A. AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. The petitioner has filed this petition seeking to quash the endorsement dated 21.02.2024 passed by 3rd respondent and the order dated 19.03.2024 passed by 2nd respondent and to direct the respondents to rectify the name of the petitioner in service register and pay pension from 12.01.2023 till date at rate of 12% p.a. 2. It is the case of the petitioner that her husband named K. Mallikarjuna had joined the Government service in NCC Department on 22.08.1963 and he retired from service on attaining superannuation on 31.12.1996. Thereafter, the husband of the petitioner was paid pension regularly. After - 3 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 the death of her husband, the petitioner being eligible and entitled for pension, as his wife, made an application to the respondents for grant of pension in her name, as the legal representative and wife of the deceased K. Mallikarjuna. The petitioner came to know that her maiden name M. Chandramma was mentioned in the service register instead of M. Jayamma, as she was being called as Chandramma prior to the marriage in her paternal home but after the marriage, she was addressed and called as M. Jayamma. The husband of the petitioner while submitting the pension papers has given the name as M. Chandramma but in view of the records the name in all the records including Aadhaar card, PAN card and other relevant records, the name of the petitioner is shown as M. Jayamma so also at the time of getting the death certificate of her husband K. Mallikarjuna, the name of the petitioner is shown as M. Jayamma. 3. This being the state of affairs, the petitioner contacted the Canara Bank, Dharwad, where her pension was to be credited, to record her name but the respondent - 4 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 bank refrained from changing the name. Therefore, the petitioner made a request by way of an application to the first respondent to change her name from M. Chandramma to M. Jayamma by furnishing the relevant records i.e. Aadhaar card, PAN card, death certificate and requested the respondent to change the name and grant her pension and release the same in her favour. However, the same was not accepted and the first respondent issued an endorsement stating that the service register is not held by them and directed the petitioner to contact respondent No.2. Thereafter, the petitioner made an application to respondent No.2 along with all the documents, which, however, was rejected stating that the information relates to personal information of a 3rd party and same cannot be disclosed. However, the same was not entertained. Being aggrieved by the same, the petitioner preferred an appeal under Section 19(1) of the Right to Information Act, 2005, for treating the same as representation for considering the family pension on account of death of her husband. Respondent Nos.2 and 3 confirmed the refusal of information under the RTI Act - 5 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 stating the change of name cannot be adjudicated with the office and the same would have to be processed by the Directorate of NCC. This being the state of affairs, the petitioner being aggrieved, is before this Court running from pillar to post seeking pension which would be given to her only after change of name if permitted by the respondents. 4. It is the contention of the learned counsel for the petitioner that the stand of the respondents and the order passed by them are violative of Article 14 of the Constitution of India and there is delay in direction being adopted by the respondents in considering change of name for grant of pension and to enter the same in the service register. 5. Learned DSGI appearing on behalf of the respondents does not dispute employment of the husband of the petitioner in the respondents Organization which comes under the Commanding Officer, I KAR. Bn. NCC. However, he contends that if necessary papers are given to the first respondent, who in turn on being satisfied recommends the same and sends it to the 2nd and 3rd respondent, the same - 6 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 would be considered in accordance with law after verification, if the petitioner is legally entitled to in accordance with law. 6. It is seen that there is no dispute with regard to the employment of her late husband K. Mallikarjuna with the NCC Batalian coming under the 1st respondent and 2nd and 3rd respondents are the organization who disburse the salary. Therefore, the 1st respondent will have to consider the representation and application made by the petitioner in accordance with law taking into consideration, the employment of the deceased husband of the petitioner in its Unit by looking to its records and so also the documents produced by the petitioner for change of her maiden name to that of her marriage name in consonance with the present documents namely Aadhaar card, PAN card and other documents so produced by the petitioner including the pension papers available with the petitioner with regard to that of her deceased husband, verify the same in its unit and service register and recommend the same to respondent Nos.2 and 3, who are the salary disbursing authority and - 7 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 pass suitable orders in accordance with law. Therefore, this Court deems it appropriate that the endorsement dated 21.02.2024 and 19.03.2024 requires to be quashed. Accordingly, it is quashed. 7. Under the circumstances and in view of the submission of the DSGI, this petition is disposed of. 8. Respondent No.1 shall accept the application/representation filed by the petitioner, verify the same in its service register and records along with the pension papers and the maiden name as well as the present name of the petitioner and consider the same and pass suitable orders and if found genuine and eligible recommend it to respondent Nos.2 and 3 for disbursal of pension within a period of four weeks from the date of receipt of copy of this order. Thereafter, respondent Nos.2 and 3 on submission of the such recommendation by petitioner No.1, shall consider and pass suitable orders on being satisfied for disbursal of pension within six weeks thereafter. - 8 - HC-KAR NC: 2025:KHC-D:8532 WP No. 107885 of 2024 Ordered accordingly. Petition is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK