- 1 - HC-KAR NC: 2026:KHC:8220-DB WP No. 27054 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 27054 OF 2023 (S-KSAT) BETWEEN: 1. SAVITHA A. K., W/O LATE SRINIVASA V., AGED ABOUT 40 YEARS, R/O No.774, 4TH CROSS, A. T. STREET, YESHWANTHPURA, BENGALURU NORTH TALUK - 560022. …PETITIONER (BY SMT. D. MANJULA, ADVOCATE FOR SRI L. SRINIVASA BABU, ADVOCATE) AND: 1. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, K.R.CIRCLE, BENGALURU - 560001. 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, RAMANAGAR - 562159. 3. BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTIONS, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8220-DB WP No. 27054 of 2023 MAGADI TALUK, RAMANAGAR - 562159. 4. DHRUTHI R. SRINIVAS, D/O LATE SRINIVASA, AGED ABOUT 15 YEARS, SINCE SHE IS MINOR, REPRESENTED BY HER GRAND FATHER AND NATURAL GUARDIAN SRI VENKATARAMANAIAH, 5. SRI VENKATARAMANAIAH, S/O LATE THIMMAIAH, AGED ABOUT 72 YEARS 6. SMT. JAYAMMA, W/O VENKATARAMANAIAH, AGED ABOUT 62 YEARS, RESPONDENT No.4 TO 6 ARE RESIDING AT No.778, 4TH CROSS, A.T.O STREET, YESHWANTHPURA, BENGALURU - 560022 …RESPONDENTS (BY SRI V. SHIVAREDDY, AGA FOR R1 TO R3; SRI M.L. SUDHARSHAN, ADVOCATE FOR C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION No.4768/2021 DATED 18.11.2023 AS PER ANNEXURE-A THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:8220-DB WP No. 27054 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court aggrieved by the order dated 18.11.2023 in Application No.4768/2021 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal'), whereunder the petitioner's prayer to quash the endorsement dated 30.06.2021 rejecting her request for sanction of pensionary benefits and the request of the petitioner for compassionate appointment is also rejected. 2. This Court by order dated 24.04.2025 referred the matter to mediation to explore the possibility of settlement. 2.1 By letter dated 01.07.2025, the Karnataka Mediation Centre has forwarded the settlement arrived at between the parties. The parties have agreed and settled the dispute between them as follows; "IV. AMOUNT IN BALANCE WITH THE DEPARTMENT: With regard to the amount in balance the parties herein agree that they have no objection for apportionment of the balance amount due to be paid as follows;- a) Out of the remaining/balance pension amount/any other amount, standing to the credit of - 4 - HC-KAR NC: 2026:KHC:8220-DB WP No. 27054 of 2023 Late R Srinivas, presently with the department 50% of the total balance amount to be paid to Smt.Savitha A.K the Petitioner herein, for herself and her minor son Master Samrat. S and remaining 50% out of the balance amount to be paid to Kumari Dyuthi. R. Srinivas and the 6th respondent Smt. Jayamma. b) The petitioner Smt. Savitha A.K and respondents herein agree that the amount standing to the credit of minor respondent No.4 Kumari Dyuthi.R.Srinivas and Master Samrat. S will be kept in fixed deposit in Nationalised bank and they will make use of only the interest portion for the benefit of the minors. They undertake not to liquidate the deposited amount until minors attains majority. c) The parties herein agree not to fight against each other, or make any claims with regard to any amount due in respect of the death claims of Late. R Srinivasa. V, which has already been disbursed hitherto. V. FAMILY PENSION In view of the fact that Late Srinivasa. V, had left behind him, his mother, his wife and two children as his class 1 heirs as on the date of his death, the parties herein agree that they have no objection for the department paying the pension benefits to the following class 1 heirs as per their departmental rules: a . Smt.Jayamma, respondent 6 herein (mother of Late. Srinivasa. V) b. Smt. Savitha A.K - Petitioner herein (wife of Late. Srinivasa.V) c. Kumari Dyuthi. R. Srinivas, (respondent 4 herein) Daughter of late Srinivasa. V and Late.Rashmi.R d. Master Samrat. S, Son of Late. Srinivasa V & Petitioner Savitha A.K - 5 - HC-KAR NC: 2026:KHC:8220-DB WP No. 27054 of 2023 VI. APPOINTMENT ON COMPASSIONATE GROUNDS: The respondents 4 to 6 herein do not have any objection for the petitioner Smt. Savitha Α.Κ seeking appointment on compassionate grounds. The respondents 4 to 6 agree that they have no objection to give any endorsement/ letter/ document reflecting their no objection for the petitioner receiving appointment on compassionate grounds. VII. Considering the terms of settlement arrived at as herein above private parties herein pray this Hon'ble Court be pleased to kindly dispose of the above writ petition in terms of the settlement arrived at herein, and kindly give appropriate direction to the official respondents to give effect to the terms of settlement arrived at herein in the interest of Justice. a) Counsel for respondents 4 to 6 has also agreed to file a certificate as provided under Order 32 before the Hon'ble Court stating that the settlement as arrived at herein, through this mediation settlement agreement is in the best interest of the minor Respondent4 - Kumari Dyuthi. R. Srinivas. b) Counsel for petitioner has also agreed to file a certificate as provided under Order 32 before the Hon'ble Court to the effect that the settlement as arrived at herein, through this mediation settlement agreement is in the best interest of the minor son Master Samrat. S (Son of Petitioner and Late. Srinivasa.V), who is not a party to the proceedings. VIII. In view of the settlement arrived at as stated herein above both the parties herein pray this Hon'ble Court be pleased to dispose of the above petition and C.P. 172/2023 in terms of the settlement agreement in the interest of Justice." 3. In terms of the above settlement, the petitioner would get the compassionate appointment and out of the - 6 - HC-KAR NC: 2026:KHC:8220-DB WP No. 27054 of 2023 balance pensionary benefit, the petitioner would be entitled for 50% and 50% to Kumari Dhruthi R. Srinivas-respondent No.4 and Smt. Jayamma-respondent No.6. 4. Admittedly, the State is not party to the above settlement. 5. Learned Additional Government Advocate would submit that the petitioner would not be entitled for compassionate appointment since she is the second wife, and the deceased government servant had not taken permission for second marriage. 6. From the records we see that, the deceased government servant died on 07.09.2020 and to that effect, death certificate at Annexure-A1 is placed on record. The impugned endorsement by the State Government indicates that the petitioner had contacted second marriage on 06.09.2019, that is after the death of first wife. If the deceased government servant had contacted second marriage subsequent to death of first wife, there is no legal impediment for the authorities to - 7 - HC-KAR NC: 2026:KHC:8220-DB WP No. 27054 of 2023 consider the second wife for appointment on compassionate grounds. In the light of the above, the following; ORDER (i) The writ petition stands disposed of in terms of the settlement arrived at between the petitioner, respondent Nos.4 to 6. (ii) The State Government shall consider the case of the petitioner for compassionate appointment within a period of 12 weeks from the date of uploading the order on the website of the High Court of Karnataka. (iii) The balance pensionary benefits shall be settled between the parties in terms of the settlement within a period of 8 weeks. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 9