- 1 - HC-KAR NC: 2026:KHC-D:530 WP No. 104202 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 104202 OF 2014 (S-RES) BETWEEN: 1. ERAPPA S/O. LATE RUDRAPPA GANIGER AGE:62 YEARS, OCC: STATION MECHANIC GRADE NO.1 (RETIRED), AT POST WARD NO.4, BISARALLI, TQ & DIST: KOPPAL. DEAD 1A. BASAMMA @ BASAVVA W/O. LATE ERAPPA GANIGER, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. BISARALLI, TQ & DIST: KOPPAL. 1B. APOORVA D/O. LATE ERAPPA GANIGER, AGE: 4 YEARS, R/O. BISARALLI, TQ & DIST: KOPPAL, REPRESENTED BY HER NATURAL MOTHER GUARDIAN I.E., APPLICANT NO.1 …PETITIONERS (BY SRI. SUHAS K. HOSAMANI, ADVOCATE FOR SRI. A.S. PATIL, ADVOCATE) AND: 1. THE KARNATAKA POWER TRANSMISSION COMPANY LIMITED (KPTCL), CAUVERY BHAVAN, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.03 10:49:07 +0530 - 2 - HC-KAR NC: 2026:KHC-D:530 WP No. 104202 of 2014 BANGALORE - 560009. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE CONTROLLOER (ACCOUNTS, PENSION & ADVANCE), OFFICE OF THE KARNATAKA POWER TRANSMISSION COMPANY LTD., (KPTCL), CAUVERY BHAVAN, BANGALORE - 560 009. 3. THE MANAGING DIRECTOR, GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED (GESCOM), GULBARGA. 4. THE EXECUTIVE ENGINEER (ELEC.), O & M DIVISION, GESCOM, KOPPAL, DIST: KOPPAL. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER QUASHING THE IMPUGNED COMMUNICATION DATED 25.11.2013 ISSUED BY THE RESPONDENT NO.4 IN NO.KA NI A (V)/LE.A/SA LE A/PINCHANI/13-14/7134-35 AS PER ANNEXURE-E; ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE RESPONDENT NOs.2 AND 4 TO CONSIDER THE NAME OF THE WIFE OF THE PETITIONER SMT.BASAVVA AS NOMINEE FOR THE PURPOSE OF FAMILY PENSION AND TO MAKE APPROPRIATE ENTRY IN THE RELEVANT RECORDS TO THAT EFFECT AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:530 WP No. 104202 of 2014 ORAL ORDER Respondent No.4 by the impugned communication dated 25.11.2013 [Annexure-E], informed the petitioners that, in view of the communication made by the respondent No.2 on 05.10.2013, the request of the petitioner to enter the name of his wife Smt.Basavva, as the nominee for the purpose of family pension could not be considered. Assailing the same, the petitioner, Sri.Erappa S/o.Rudrappa Ganiger, the employee, is before this Court. During the pendency of this petition, the petitioner died and his legal representatives were brought on record as petitioner Nos.1(A) and 1(B). 2. In view of the document produced at Annexure-B namely, the marriage certificate dated 01.06.2012 relied upon by petitioner No.1(A), the right to seek consideration of the representation is stated to survive in favour of petitioner No.1(A). - 4 - HC-KAR NC: 2026:KHC-D:530 WP No. 104202 of 2014 3. Having regard to the same, the communication dated 25.11.2013, requires reconsideration and the impugned order needs to be quashed. This Court deems it appropriate to issue necessary directions with liberty to the petitioners to make a fresh representation, and for the competent authority to pass orders without being influenced by the communication dated 25.11.2013. Accordingly, this Court pass the following; ORDER i) The writ petition is disposed of. ii) The petitioner No.1(A) is at liberty to make a fresh representation to the competent authority within a period of two (2) weeks from the date of receipt of copy of this order. iii) Upon such representation being submitted, the competent authority shall pass - 5 - HC-KAR NC: 2026:KHC-D:530 WP No. 104202 of 2014 appropriate orders, in accordance with law, without being influenced by the communication dated 25.11.2013 issued by respondent No.4 within a period of four [4] weeks thereafter. Sd/- JUSTICE K.S.HEMALEKHA PJ/CT-MCK List No.: 1 Sl No.: 57