- 1 - HC-KAR NC: 2025:KHC:44963 WP No. 7284 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7284 OF 2024 (GM-RES) BETWEEN: PARVATHY POOVAIAH K B, W/O LATE I. A. POOVAIAH AGED ABOUT 80 YEARS R/AT. 8TH BLOCK, NEW EXTENSION APPAIAH SWAMY ROAD VIRAJPET KODAGU – 571 218. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI – 110 010. REP. BY ITS SECRETARY. 2. SENIOR RECORD OFFICER FOR OFFICER IN-CHARGE RECORDS RECORDS, THE MARATHA LIGHT INFANTRY BELGAUM – 590 009. 3. JOINT DIRECTOR DEPARTMENT OF SAINIK WELFARE AND RESETTLEMENT CANARA BANK BUILDING MAIN ROAD, MADIKERI KODAGU – 571 201. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44963 WP No. 7284 of 2024 (BY SMT. SINCHANA M R, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING QUASH THE ENDORSEMENT DATED 05.11.2022 ISSUED BY THE SENIOR RECORD OFFICER FOR OIC RECORDS IN PENSION NO. 2754064X/SR/NE-3 UNDER THE MINISTRY OF DEFENCE GOVERNMENT OF INDIA VIDE ANNEXURE-A ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari, to quash the endorsement dated 05.11.2022 issued by the Senior Record Officer for OIC records in pension no. 2754064X/SR/NE-3 under the ministry of defense government of India vide Annexure-A AND. ii. Issue a writ of Mandamus, to direct the Department of Sainik Welfare and Resettlement to grant family pension to the petitioner in Pension No. 2754064X/SR/NE-3 under the scheme of Special Family pension of ministry of defense government of India. iii. Issue any other order or direction under the facts and circumstances of the present case, to grant such other relief as this Hon’ble court would deem fit to be granted, in the interest of justice and equity.” 2. An Affidavit of compliance of the Commandant, Maratha Light Infantry Regimental Center has been filed, which reads as under: - 3 - HC-KAR NC: 2025:KHC:44963 WP No. 7284 of 2024 “AFFIDAVIT OF COMPLIANCE I, Brigadier Joydip Mukherjee / Late Bikash Chandra Mukherjee, Aged 54 years, Commandant, The MARATHA Light Infantry Regimental Centre and Officer-in-Charge, Records the MARATHA Light Infantry do hereby solemnly affirm and state as follows 1. That I am the Commandant, The MARATHA Light Regimental Centre and Officer-in-Charge, Records The MARATHA Light Infantry, duly authorised to swear to this affidavit on behalf of the respondents, and I am well acquainted with the facts and circumstances of the case, hence, competent to swear this affidavit 2. I submit that, the petitioner's husband, late Havaldar Inayachand Appanna Poovaiah, was enrolled in the Indian Army on 21.12.1963 and was discharged on 30.09.1984 after completing more than 20 years of qualifying service. He was sanctioned service pension by the Principal Controller of Defence Accounts (Pensions) vide order dated 27.11.1984. 3. The petitioner informed the respondents on 31.03.2021 that her husband had expired on 06.07.2020 and sought grant of family pension, Pursuant thereto, her representation dated 27.04.2021 was considered, and she was requested to submit the requisite documents to establish her status as the legally wedded wife of late Havaldar Inayachand Appanna Poovaiah. 4. I submit that, on repeated requests, the petitioner failed to submit complete and satisfactory documents. Accordingly, an endorsement was issued on 05.11.2022 directing her to clarify and resubmit the claim through the Zilla Sainik Welfare Office with regard to the newspaper advertisement. 5. It is respectfully submitted that at no point of time was the family pension denied to the petitioner. The only reason for not processing the claim immediately was the discrepancy and mismatch in the names furnished by the petitioner. 6. In spite of the endorsement dated 05.11.2022, the petitioner dis not provide the clarification. Instead, she filed the present writ petition on 17.06.2024 seeking quashing of the said endorsement 7. The matter came up before this Hon'ble Court on 15.06.2025, when the respondents were directed to file an - 4 - HC-KAR NC: 2025:KHC:44963 WP No. 7284 of 2024 affidavit explaining the position with regard to non-payment of pension to the petitioner 8. It is respectfully submitted that the alleged delay was only on account of the mismatch of names, which required re- verification. The said issue has now been clarified. 9. I submit that, accordingly the Pension Payment Order (PPO) in favour of the petitioner has been duly issued. The petitioner has been sanctioned family pension with effect from 17.07.2020, i.e. the date following the demise of her husband, and the same shall continue during her widowhood. The pensionary benefits have been are reflected in the records. Family pension in respect of the Petitioner has been notified by Principal Controller of Defence Accounts (Pensions), Prayagraj (UP) vide Pension Payment Order No 161202500037 with Suffix No 3000 dated 28 Oct 2025, The copy is marked and enclosed as Document No.1. 10. I submit that, A copy of Pension Payment Order has been forwarded to the petitioner with an advice to upload the 'Digital Life Certificate for crediting pension along with arrears into her Account No 60402994996 maintained by Bank of Maharashtra, Murnad Kodagu Branch vide letter No1. 2754064X/SR/Post-64/FP dated 28 Oct 2025. I further submit that, on updatation of 'Digital Life Certificate' through Jeevan Pramaan Portal Petitioner may approach her Pension Disbusing Authority for disbursement of Family Pension. A copy of the letter dated 28 Oct 2025 is marked and enclosed as Document No.2. It is therefore submitted that the respondents have fully complied with the directions of this Hon'ble Court. The pension has been sanctioned and disbursed to the petitioner, and there was no deliberate delay or denial on the part of the respondents. Wherefore, in view of the above submissions, this Hon’ble Court may kindly record the compliance of the order and pass such further orders as deemed fit in the interest of justice. Sd/- Brigadier Officer-in-Charge The Records Maratha LI” - 5 - HC-KAR NC: 2025:KHC:44963 WP No. 7284 of 2024 3. Based on the said affidavit of compliance, Sri.Shanti Bhushan, learned DSGI and Smt.Sinchana M.R., learned counsel for Respondent Nos.1 to 3 submits that the entire process has been completed. The concerned officer of the Maratha Light Infantry Regimental Center visited the premises of the Petitioner and explained to her as to what are the compliances to be done to enable the payment to be released. They submit that if the petitioner were to upload the digital life certificate, the payment would be released immediately. The said submission is placed on record and answers the grievance of the petitioner. 4. By placing appreciation for the proactive stand taken by Sri.Shanti Bhushan, learned DSGI and Smt.Sinchana M.R., learned counsel for Respondents, the petition stands closed by directing Respondents, within 15 days of the digital life certificate being uploaded by the Petitioner, to release the monies due. SD/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 1 Sl No.: 42