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2025 DAILYLAW 6454 (KAR)

SMT SUBBI ALIAS RUKMANIBAI v. KENDRIYA SAINIK BOARD

WP/104928/2024 · 2025-01-29

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:1716 WP No. 104928 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104928 OF 2024 (S-R) BETWEEN: 1. SMT SUBBI @ RUKMANIBAI W/O. KESHAV MAJALIKAR, AGE. 90 YEARS, OCC. HOUSEWIFE, C/O SMT. LEELAVATI MANJUNATH AMBIG, R/O BELEMATHA, DANESHWAR KUMATA, TQ. KUMATA, DIST. UTTAR KANNADA. 2. SMT. LEELAVATI MANJUNATH AMBIG, AGE. 45 YEARS, OCC. HOUSEWIFE, R/O BELEMATHA, DANESHWAR KUMTA, TQ. KUMTA, DIST. UTTAR KANNADA. … PETITIONERS (BY SRI. D.J. NAIK, ADVOCATE) AND: 1. KENDRIYA SAINIK BOARD, MINISTRY OF DEFENCE, WEST BLOCK-IV, WING VII, RK PURAM , NEW DELHI-110066. 2. RECORDS OFFICE, BOMBAY ENGR GP AND CENTRE, KHADKI-PUNE-411003 (NE SECTION). 3. THE STATE OF KARNATAKA, DIRECTORTE, DEPARTMENT OF SAINIK, WELFARE AND RESETTLEMENT FIELD MARSHAL KM CARIAPPA BHAVAN, NO, 58 FIELD MARSHAL KM CARIAPPA ROAD, BENGALURU-560025. 4. THE DEPUTY DIRECTOR, SAINIK WELFARE OFFICE KARWAR , UTTARKANNADA, KARNATAKA-581301. … RESPONDENTS (BY SRI. VENKATESH M.KHARVI, DSGI FOR R1 & R2; SRI. SHARAD V.MAGADUM, AGA FOR R3 & R4) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1716 WP No. 104928 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO CONSIDER REPRESENTATION FILED BY THE PETITIONER BEFORE THE R-1 VIDE ANNEXURE-A & ETC., THIS PETITION, COMING ON FOR PRL. HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: (a) Issue writ of mandamus directing respondent No.1 to consider the representation filed by the petitioner before the R-1 vide Annexure-A. (b) Pass such other order as this Hon’ble Court deems fit and proper under the facts and circumstances of the case to meet the ends of justice and equity. 2. The first petitioner is the wife of one Keshav Majalikar and is now 90 years old. The second petitioner is the daughter. Both of whom are before this Court seeking the afore-quoted prayer. - 3 - NC: 2025:KHC-D:1716 WP No. 104928 of 2024 3. It is the case of the petitioner that, her husband, who was working in the Army goes missing in the year 1990; 32 years thereafter on realising that the husband will not come back submits a representation for grant of pension to the family from the date the husband went missing till today. That having not been considered is what has driven the petitioners to this Court in the subject petition. 4. Learned DSGI Shri Venkatesh M.Kharvi would on instructions submit that, if a fresh representation is submitted with all the details, the respondents would pass necessary orders in accordance with law. 5. The submission is placed on record. 6. In that light as also the fact that, the first petitioner is already 90 years old, I direct the petitioners to submit a representation within two weeks from today and if the representation is submitted, appropriate orders would be passed within six weeks thereafter. It is made clear that, - 4 - NC: 2025:KHC-D:1716 WP No. 104928 of 2024 the claim of the petitioners is not assessed in the case at hand. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / ASC List No.: 1 Sl No.: 24