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2026 DAILYLAW 9606 (KAR)

UNION OF INDIA v. SMT. ANTHONY MARY

WP/12488/2023 · 2026-03-04

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13132-DB WP No. 12488 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 12488 OF 2023 (S-CAT) BETWEEN: 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBLI - 560003. 2. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTH WESTERN RAILWAY, BANGALORE - 560023. …PETITIONERS (BY SMT. ANUPAMA HEGDE, CGC) AND: 1. SMT. ANTHONY MARY, W/O LATE J RAMESH, AGED ABOUT 61 YEARS, No.22, 1ST CROSS, MUNESHWAR BLOCK, P.G.HALLI, BENGALURU - 560003. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.01.2023 PASSED BY THE LEARNED MEMBERS OF THE CAT BANGALORE IN ORIGINAL A.No-170/00550/2019 (VIDE ANNEXURE-A). Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13132-DB WP No. 12488 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Smt. Anupama Hegde, learned CGC for the petitioners. 2. This petition is filed by the Union of India, represented by the General Manager, South Western Railway, impugning the order dated 13.01.2023 passed in Original Application No.170/00550/2019 by the Central Administrative Tribunal (for short, “the Tribunal”). 3. The respondent is the wife of Sri J. Ramesh, who was working as a Technician in the office of the Senior Section Engineer (Train Lighting), Electrical Department of South Western Railway, Bangalore. He died in harness on 14.12.2015, leaving behind the respondent, a daughter Sonia, and a son Sri R. Rahul. It is stated that Sri R. Rahul is the adopted son of the respondent and the deceased Sri J. Ramesh. Sri J. Ramesh, - 3 - HC-KAR NC: 2026:KHC:13132-DB WP No. 12488 of 2023 while in service, had declared the details of his family members, including Sri R. Rahul, for the purpose of availing free pass (Privilege Pass), which is extended to family members. Sri J. Ramesh died on 14.12.2015, whereas the name of Sri R. Rahul had been included in the list of family members from the year 2010 onwards. The Tribunal, considering the above facts, directed inclusion of the name of Sri R. Rahul in the widow pass and medical card. 4. Smt. Anupama Hegde, learned counsel appearing for the petitioners, submits that Sri R. Rahul is the adopted son of the ex-employee Sri J. Ramesh. It is submitted that after the death of the employee, when the papers were processed, it was found that the name of Sri R. Rahul was not included in the widow pass to avail medical facilities and railway pass on the ground that the original copy of the adoption deed was not available in the records. It is further submitted that unless it is established that Sri R. Rahul is the adopted son of the ex-employee, his name cannot be included in the widow pass and medical card. It is contended that the Tribunal, without considering the above - 4 - HC-KAR NC: 2026:KHC:13132-DB WP No. 12488 of 2023 aspects, has committed an error in directing inclusion of the name of Sri R. Rahul in the widow pass and medical card. 5. Having heard the learned counsel for the petitioners, it is evident from the record that Sri J. Ramesh, while in service, way back in 2010, had included the name of Sri R. Rahul as his son in the records and he was extended the facility of free pass as a family member. It appears that the position that Sri R. Rahul is the adopted son had been accepted from 2010 onwards by issuance of the Privilege Pass. After the death of the ex-employee on 14.12.2015, the entitlement of Sri R. Rahul to the benefits of privilege pass and medical card facilities came to be disputed. The Tribunal, noticing that on the basis of the declaration made by the ex-employee in 2010 the facilities were extended till the date of his death and that no justifiable reasons or grounds were shown to deny the same after his death, directed inclusion of the name of Sri R. Rahul in the widow pass and medical card. 6. Considering the pleadings and the reasons assigned by the Tribunal, and also the fact that Sri R. Rahul was accepted as a family member of the deceased employee-Sri J. - 5 - HC-KAR NC: 2026:KHC:13132-DB WP No. 12488 of 2023 Ramesh as far back as in 2010, no reason can be found to deny the same after the death of the ex-employee. 7. We find no merit in the writ petition. Accordingly, it is dismissed. SD/- (S.G.PANDIT) JUDGE SD/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 17