- 1 - NC: 2025:KHC-D:925 WP No. 106144 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106144 OF 2023 (S-RES) BETWEEN: 1. SMT. MAINUNNISA W/O LATE MUSTA @ MUSTAK MUNAVALLI AGE 63 YEARS, OCC. HOUSEWIFE R/O MANANT NAGAR, 3RD CROSS, SAUNDATTI ROAD, DHARWAD- 580008. 2. FAYAZ MUSTAF MUNAVALLI S/O LATE SHRI MUSTAK @ MUSTAK MUNAVALLI AGE. 38 YEARS, OCC. NIL R/O MANANT NAGAR, 3RD CROSS, SAUNDATTI ROAD, DHARWAD 580008. …PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPT. OF ECONOMIC AFFAIRS (BANKING DIVISION) NEW DELHI. 2. STATE BANK OF INDIA DHARWAD BRANCH BY ITS ASST. GENERAL MANAGER COLLEGE ROAD, DHARWAD- 580001. …RESPONDENTS (BY SRI. S.S.BALLOLI, ADVOCATE FOR R1, SRI. K.L.PATIL, ADVOCATE FOR R2) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:925 WP No. 106144 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, I) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT BANK TO RELEASE THE EX- GRATIA AMOUNT IN FAVOR OF THE PETITIONERS BY CONSIDERING THE REPRESENTATION OF THE PETITIONERS DATED 07.02.2023 AS PER ANNEXURE-B. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: “Issue a writ or order or direction in the nature of mandamus directing the 2nd respondent Bank to release the ex-gratia amount in favour of the petitioners by considering the representation of the petitioners dated 07.02.2023 as per Annexure-B.” 2. The petitioners were before this Court in W.P.No.30565/2008 seeking appointment on compassionate grounds. This Court disposed the petition observing as follows: “9. Under the above circumstances, the petition deserves to be dismissed, however, it is made clear that the petitioners are at liberty to make necessary fresh application under the new scheme for the purpose of seeking ex-gratia lumpsum compesation - 3 - NC: 2025:KHC-D:925 WP No. 106144 of 2023 in lieu of the death of husband of petitioner no.1 and father of petitioner no.2. The banking authorities also shall bear in mind the decision rendered by this Court in ILR 1998 KAR 3082 stated supra for any calculation while considering application for ex- gratia. The bank authorities should not raise the ground of any delay in filing the application because all through the parties are fighting for their relief before the Court. With these observations the petition is disposed of directing the petitioners to make necessary application for ex-gratia amount and the said application shall be considered by the banking authorities, i.e., respondent no.2 herein, within three months from the date of receipt of such application.” 3. The representation was directed to be submitted in terms of the order dated 26.02.2008 within three months. 4. The learned counsel for the petitioners submits that there has been five years delay in submitting the representation as was directed due to certain illness of the petitioners. 5. The learned counsel for the respondents submits that there has been delay in submitting the representation and the petition should be dismissed. - 4 - NC: 2025:KHC-D:925 WP No. 106144 of 2023 6. I deem it appropriate to notice that the matter is pertaining to appointment on compassionate ground or grant of ex gratia, as is directed by this Court. The delay should not defeat the claim of the petitioners if they are entitled to. Therefore, the respondents shall consider the case of the petitioners strictly in consonance with law in terms any extant scheme and pass necessary orders within three months from the date of receipt of copy of the order. 7. The order so passed shall be communicated to the petitioner. 8. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 158