- 1 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 21785 OF 2025 (S-KSAT) BETWEEN: SRI SHRIRAMA, S/O SRI. GOVINDA BHAT, AGED ABOUT 48 YEARS, R/AT # 2-43 KARIKUMERI, THENKA MIJAR, KOMPADAVU, MANGALORE, DAKSHINA KANNADA - 574 144. …PETITIONER (BY SRI. DINESH S.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, (PRIMARY AND SECONDARY) M.S.BUILDING, BENGALURU - 560 001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS (SECONDARY), O/O. COMMISSIONER OF PUBLIC INSTRUCTIONS, BENGALURU - 560 001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, MANGALORE, DAKSHINA KANNADA DISTRICT - 575 001. 5. THE BLOCK EDUCATION OFFICER, MUDABIDRE TALUK, MUDABIDARE - 574 227. 6. THE ACCOUNTANT GENERAL (A AND E), KARNATAKA, PARK HOUSE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN APPLICATION NO.4623/2021 DATED 28/06/2022 (ANNEXURE-A) AND ALLOW THE APPLICATION NO. 4623/2021. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) This petition under Article 226 and 227 of Constitution of India, by the unsuccessful applicant calling in question the order dated 28.06.2022 in Application No.4623/2021, dismissing the application declining to quash the order dated 26.05.2021 [Annexure-A9], passed by the fifth respondent. 2. The parties are referred to as per their rankings before the Tribunal. 3. The brief facts leading to filing of the present petition are as under: 4. The applicant is the brother of Government servant Smt. Yogini. N. She died on 09.08.2018, while working as Headmistress in Government Higher Primary School, Archarakatte, - 4 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 Mudibidare Taluk, Dakshina Kannada District. A little later husband of the Government servant by name Sri. Ramachandra Bhat. K died i.e., on 20.09.2018. The couple did not have any children. Smt.Yogini.N, during her lifetime has nominated her husband Sri.Ramachandra Bhat. K, in the service record. In addition, the applicant has been nominated in the service records i.e., with respect to GIS Form, GPF Form with a statement that in the event the husband of the Government servant died before the death of Government servant, the applicant is permitted to receive DCRG, GIS, GPF, upon the death of Government servant. As the husband of the Government servant died within a short span of time i.e., 11/2 month immediately after the death of Government Servant, the applicant being a nominee appointed by the Government servant in the service records, filed an application/representation dated 22.04.2021, requesting the respondent authorities to consider his - 5 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 claim and permit him to receive the service benefits stated supra upon the death of Government servant. 5. The fifth respondent issued an endorsement calling upon the applicant to produce succession certificate from the competent Court, to consider his representation for release of service benefits of the deceased Government servant. 6. Aggrieved by the endorsement, the applicant was before the Tribunal in Application No. 4623/2021, for a Writ in the nature of Certiorari to quash the endorsement dated 26.05.2021, and for a Writ of Mandamus, directing the respondents to release the service benefits accrued to the Government servant upon death, in his favour with admissible interest. 7. The Tribunal upon considering the relevant provisions of Karnataka Civil Service Rules formed an opinion that the endorsement issued by the Authority does not call for any interference, as the same is in confirmity with the provisions of - 6 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 Karnataka Civil Service Rules, accordingly, dismissed the application. It is this order passed by the Tribunal is called in question in the present petition. 8. Heard Sri.Dinesh S. Kadlas, learned counsel appearing for the petitioner and Sri.Vikas Rojipura, learned Additional Government Advocate for respondents. 9. This matter was listed on 17.11.2025 for preliminary hearing. After hearing the parties for some time, this Court was informed that mother of the deceased Government servant survived her, and is entitled for all the benefits as an immediate heir apparent. The Court upon hearing the parties passed the following Order on 17.11.2025 as: "While calling upon Sri.Vikas Rojipura, a learned Additional Government Advocate, to accept notice for the respondents and secure instructions on the release of 'Death-cum- Retirement Gratuity' and 'Earned Leave Encashment' to the mother of the deceased Government employee subject to the petitioner's say on the afore. - 7 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 The office is directed to re-list this petition on 27.11.2025 at the same stage." 10. Today Sri.Dinesh S.Kadlas, filed a memo along with Aadhar card and Pan card of Smt. Padmavathi - mother of deceased Government servant along with his affidavit. The memo dated 27.11.2025 and the affidavit of petitioner dated 26.11.2025 reads as under: "MEMO The Petitioner submits that he does not have any objection to give all the service and monetary benefits of his deceased sister Smt.Yogini.N to his mother Smt.Padmavathi having her Aadhar Number as 583326910188. The copy of the affidavit sworn by the petitioner Shrirama in this regard and the email sent by Shrirama in this regard is also produced here with for kind perusal of this Hon'ble Court. The Xerox copy of Aadhar Card and Pan card of my mother Smt.Padmavathi is being produced along with this memo. This memo may kindly be taken on court records, and necessary orders be passed in the interest of justice and equity. - 8 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 AFFIDAVIT "I, Shrirama, S/o Late Sri.Govinda Bhat, Aged about 48 years, R/at.# 2-43 Karikumeri, Thenka Mijar, Kompadavu, Mangalore, Dakshina Kannada-574 144 today at Bengaluru do hereby solemnly affirm and state on oath as follows: 1. I am the Petitioner in the above Writ Petition and fully conversant with the facts of the case. Hence, I am swearing to this affidavit. 2. I submit he does not have any objection to give all the service and monetary benefits of his deceased sister Smt.Yogini to his mother Smt.Padmavathi having her Aadhar Number as 583326910188.The Aadhar card and Pan card is produced along with this affidavit." 11. In view of the memo coupled with affidavit, nothing survives in the petition on the challenge to the order passed by the Tribunal. In view of the memo and the affidavit, the respondents are directed to release the monetary benefits in favour of Smt. Padmavathi- mother of deceased Government servant- Smt.Yogini.N on proper identification. 12. The petitioner is reserved with liberty to produce the copy of this order along with bank - 9 - HC-KAR NC: 2025:KHC:49512-DB WP No. 21785 of 2025 details of Smt.Padmavathi and the record produced along with the memo before the concerned authority. The authorities on submission of the record along with copy of this order, shall consider the same and release the monetary benefit accrued to the deceased Government servant in favour of her mother Smt.Padmavathi forthwith. Accordingly, the present petition is disposed of. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE RR ct-vn