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2026 DAILYLAW 3321 (KAR)

SMT LAKSHMI DEVI v. THE STATE OF KARNATAKA

WP/39756/2025 · 2026-04-10

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20252 WP No. 39756 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39756 OF 2025 (S-R) BETWEEN: SMT LAKSHMI DEVI W/O.LATE. A.H.NAGARAJ, AGED ABOUT 70 YEARS, RESIDENT OF PANCHAMI HOUSE, 2ND MAIN ROAD, 4TH CROSS, HEMAVATHI NAGAR, HASSAN – 573 201. …PETITIONER (BY SRI. BALARAJ A. C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. COMMISSIONER CUM DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, PODIUM BLOCK, VISVESHWARAYA TOWER, DR.AMBEDKAR VEEDHI, BANGALORE – 560 001. 3. THE SENIOR ASSISTANT DIRECTOR CUM SENIOR ASSISTANT CONTROLLER, LOCAL AUDIT CIRCLE, MANDYA – 571 426. 4. ASSISTANT DIRECTOR CUM ASSISTANT CONTROLLER, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20252 WP No. 39756 of 2025 DEPARTMENT OF PENSION AND SMALL SAVINGS AND PROPERTY ENCUMBRANCE MAINTENANCE, 1ST FLOOR, BHARATH RED CROSS SOCIETY, P.E.S.ENGINEERING COLLEGE ROAD, MANDYA – 571 401. 5. THE ASSISTANT DIRECTOR CUM ASSISTANT CONTROLLER, PENSION AND SMALL SAVINGS DEPARTMENT CUM LOCAL AUDIT CIRCLE, OFFICE OF DEPUTY COMMISSIONER, HASSAN – 573 201 6. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, K.R.PETE, MANDYA DISTRICT – 571 426. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 TO R5; SRI. G.M. ANANDA, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 26.11.2025 VIDE ANNEXURE-G AND FOR PASSING NECESSARY ORDERS FOR RELEASE OF RETIREMENT CUM SERVICE BENEFITS OF HER LATE.HUSBAND, A.H.NAGARAJ, OFFICE MANAGER (RETD) IN THE OFFICE OF 6TH RESPONDENT HEREIN AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “i) Issue a writ in the nature of mandamus directing the respondents to consider the representation dated 26.11.2025 vide Annexure-G and for passing necessary orders for release of retirement cum service benefits of her - 3 - HC-KAR NC: 2026:KHC:20252 WP No. 39756 of 2025 late husband, A.H. Nagaraj, Office Manager (retd) in the office of 6th respondent herein; ii) issue any writ or direction to the 1st respondent for passing necessary orders on the correspondence of the 2nd respondent dt:12.7.2019 vide Annexure-F and to order for release of service cum retirement benefits pertaining to late. A.H. Nagaraj, retd. Office Manager, TMC., K.R. Pete, favour of the petitioner herein: iii) alternatively, direct the respondents for implementing the order of this Hon’ble Court passed in W.P.No.28413 of 2017 dt:12.7.2018 for release of service cum retirement benefits of late. A.H. Nagaraj in favour of the petitioner and also to pay interest at the rate of 12% per annum from the date of retirement till its actual payment, vide Annexure-E; iv) Issue such other writ, order or directions as deems fit in the circumstances of the case and allow the above writ petition with costs together with all consequential and monetary benefits, to meet the ends of justice.” 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 5 and learned counsel for respondent No.6 and perused the material on record. 3. It is the grievance of the petitioner that her representation dated 26.11.2025 at Annexure-G submitted to the respondents has not been considered so far by them nor any order - 4 - HC-KAR NC: 2026:KHC:20252 WP No. 39756 of 2025 has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition. 4. Per contra, learned AGA for respondent Nos.1 to 5 and learned counsel for respondent No.6 jointly submit that that if reasonable time is given, they would consider and pass necessary order on the said application/representation. 5. In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioner and consider her representation dated 26.11.2025 at Annexure-G and pass appropriate order in accordance with law, bearing in mind the decision of a Co-ordinate Bench of this Court in the case of Lakshmidevi Vs. The State of Karnataka and others – W.P.No.28413/2017 dated 12.07.2018, within a period of six weeks from the date of receipt of a copy of this order. 6. With the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 2 Sl No.: 90