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2025 DAILYLAW 88143 (KAR)

SMT. KANAKA v. STATE OF KARNATAKA

WP/24683/2025 · 2025-08-18

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31727 WP No. 24683 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 24683 OF 2025 (S-RES) BETWEEN: SMT. KANAKA W/O K NARAYANA AGED ABOUT 63 YEARS R/O MELKATKERI, KONI VILLAGE KOTESHWARA POST KUNDAPURA TALUK UDUPI DISTRICT - 576217. …PETITIONER (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY VIDHANA SOUDHA, BENGALURU – 560001. 2. ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL (A & E) KARNATAKA INDIAN AUDIT AND ACCOUNTS DEPARTMENT, PARK HOUSE ROAD BENGALURU – 560001. 3. TAHSILDAR UDUPI TALUK UDUPI DISTRICT - 576101. 4. SMT. LEELA ADULT R/AT KOTEHAKLU VAKWASDI VILLAGE & POST KUNDAPURA TALUK, UDUPI DISTRICT …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1 TO R3) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31727 WP No. 24683 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 AND 3 TO AWARD THE FAMILY PENSION BENEFIT TO THE PETITIONER PAYABLE FROM THE DATE OF RETIREMENT OF LATE K NARAYANA I.E., 28/02/2006 ALONG WITH INTEREST OF 8 PERCENT PER ANNUM (ANNEXURE - F) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. Learned HCGP for respondent Nos.1 to 3 raised a preliminary objection regarding the maintainability of the writ petition on the ground that the petitioner’s husband was working as a Village Accountant in the Revenue Department. Since he was holding a civil post, the petitioner has to approach the Karnataka State Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case - 3 - HC-KAR NC: 2025:KHC:31727 WP No. 24683 of 2025 of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186. 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 11