Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 90279 (KAR)

MANGALA GOWRAMMA v. THE KARNTAKA POWER TRANSMISSION CORPORATION LIMITED

WP/7121/2020 · 2025-12-17

Ashok S Kinagi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53986 WP No. 7121 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.7121 OF 2020 (S-RES) BETWEEN: 1. MANGALA GOWRAMMA FIRST W/O SRI. RAMA MURTHY N AGED ABOUT 57 YEARS, RESIDING AT NO.517, 4TH D CROSS, RAJA GOPAL NAGAR, PEENYA 2ND STAGE BENGALURU - 560 058 2. SMT. VIJAYALAKSHMI D/O SRI. RAMA MURTHY N AND SMT. MANAGALA GOWRAMMA AGED ABOUT 35 YEARS, RESIDING UNDER THE CARE OF HER DESERTED MOTHER SMT. MANGALA GOWRAMMA AT NO.517, 4TH D CROSS, RAJA GOPAL NAGAR, PEENYA 2ND STAGE, BENGALURU - 560 058 3. SRI. ANAND KUMAR D/O SRI. RAMA MURTHY N AND SMT. MANAGALA GOWRAMMA, AGED ABOUT 35 YEARS, RESIDING UNDER THE CARE OF HER DESERTED MOTHER SMT. MANGALA GOWRAMMA AT NO.517, 4TH D CROSS, R G NAGAR, PEENYA 2ND STAGE, BENGALURU - 560 058 …PETITIONERS (BY SRI. RAHAMATHULLA KOTHWAL., ADVOCATE) Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53986 WP No. 7121 of 2020 AND: 1. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED BENGALURU, CORPORATE OFFICE REPRESENTED BY ITS CHAIRMAN-CUM- MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CAUVERI BHAVAN, K.G.ROAD, BENGALURU - 560 009 2. THE GENERAL MANAGER (A & HRD) CORPORATE OFFICE, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CAUVERI BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009 3. THE DIRECTOR ADMINISTRATION AND HUMAN RESOURCE KARNATAKA POWER TRAMISSION CORPORATION LIMITED, CAUVERI BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009 4. THE ASSISTANT EXECUTIVE OFFICER TRANSPORT SUB-DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, RAJAJINAGAR, BENGALURU - 560 010 5. SRI RAM MURTHY N @ MOOGARAIAH DEAD BY LR'S 5.a) SMT. GEETHA, W/O LATE RAMA MURTHY.N, AGED ABOUT 40 YEARS, - 3 - HC-KAR NC: 2025:KHC:53986 WP No. 7121 of 2020 5.b) SRI. MUTHURAJ. R, S/O LATE RAMA MURTHY.N, AGED ABOUT 19 YEARS, BOTH ARE RESIDING AT NO.166, 7TH CROSS, 2ND MAIN, KAVERINAGARA, KAMAKSHIPALYA, BENGALURU - 560 079. …RESPONDENTS (BY SRI. R. SRINIVASA GOWDA., ADVOCATE FOR R1 TO R4; SRI. HARISH B. S., ADVOCATE FOR R-5a) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A JUDICIAL MANDATE IN THE NATURE OF WRIT OF MANDAMUS COMMANDING THE RESPONDENT No.1 KARNATAKA POWER TRANSMISSION CORPORATION LIMITED THAT THE PENSIONARY BENEFITS, COMMUTATION OF PENSION, GRATUITY, LEAVE CUM ENCASHMENT BENEFITS, MATURITY VALUE OF GROUP INSURANCE SCHEME AND ALL SAVINGS MADE BY RESPONDENT No.5 BE RELEASED AND DISBURSED IN FAVOUR OF PETITIONER NO.1 BEING THE LEGALLY WEDDED WIFE OF RESPONDENT No.5 AND PETITIONERS NOS.2 AND 3 THE CHILDREN - DAUGHTER AND SON OF PETITIONER NO.1 AND RESPONDENT No.5 IMMEDIATELY WITH INTEREST VIDE ANNEXURE-A AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:53986 WP No. 7121 of 2020 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition seeking the following reliefs: [a] to issue a JUDICIAL MANDATE in the nature of WRIT OF MANDAMUS commanding the Respondent No.01- Karnataka Power Transmission Corporation Limited that the pensionary benefits, Commutation of Pension, gratuity, leave cum encashment benefits, maturity value of Group Insurance Scheme and all savings made by Respondent No.05 be released and disbursed in favour of Petitioner No.01 being the legally wedded wife of Respondent No.05 and Petitioners Nos.02 and 03 the children - Daughter and son of Petitioner No.01 and Respondent No.05 immediately with interest vide "ANNEXURE - "A", [b] to issue a Writ of Certiorari for quashing the particulars furnished by the Respondent No.05 in his Service Register and in the Pensionary Forms, nominating the stranger as his nominee by ignoring the Petitioner No.01 being his legally wedded wife and Petitioners Nos.02 and 03 being his Daughter and Son by holding that the Petitioner No.01 is the legal nominee of Respondent No.05 for pensionary benefits, - 5 - HC-KAR NC: 2025:KHC:53986 WP No. 7121 of 2020 [c] to issue a JUDICIAL MANDATE in the nature of WRIT OF MANDMUS directing the Respondent No.01-Karnataka Power Transmission Corporation Limited, Bangalore to release and pay 50% of regular pension that the Respondent No.05 is entitled to, in favour of Petitioner No.01 and continue to pay the same as long as the Petitioner No.01 alive @ 50% of gross pension including the enhanced Pay, Revision of Pension, Dearness Allowances on Pension, etc. [d] to issue a Writ of Declaration holding and declaring that the person declared by Respondent No.02 as his second wife and nominee in his Service Register and Records with Respondent Karnataka No.01- Power Transmission Corporation Limited as illegal and against the provisions of Sections 5 and 11 of the Hindu Marriage Act, 1955 and thus she is not entitled to claim any pensionary benefits payable to Petitioners, and [e] to grant such other relief or reliefs as this Hon'ble Court deems fit to grant having regard to the facts and circumstances of the case by allowing the above Writ Petition, in the interest of justice and equity. - 6 - HC-KAR NC: 2025:KHC:53986 WP No. 7121 of 2020 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. Respondent No.5 deserted petitioner No.1 and was paying monthly maintenance of Rs.375/- to petitionr No.1. It is submitted that, respondent No.5 died on 27.03.2023. 3. Learned counsel for respondent Nos.1 to 4 had filed a memo dated 24.03.2021 stating that, the petitioners have sought a relief against them in respect of disbursement of retirement benefits. This Court had granted an interim order not to release the retiral benefits to respondent No.5, if already not released, vide order dated 22.06.2020 and the said order was communicated to the respondents on 10.11.2020. It is stated that, respondent No.5 retired on 31.10.2019 as Driver, Group-2 and the retirement benefits of Rs.31,73,688/- was paid on 10.01.2020, Rs.61,272/- was paid on 31.01.2020 and Rs.3,30,039/- was paid on 19.03.2020. - 7 - HC-KAR NC: 2025:KHC:53986 WP No. 7121 of 2020 4. The memo is taken on record. 5. As respondent Nos.1 to 4 have already released the retiral benefits to respondent No.5, in view of the same, nothing further survives for consideration in this writ petition. 6. Accordingly, the writ petition is disposed of as having become infructuous. 7. In view of disposal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 29