Case Note & Summary
The State Government of Karnataka filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 24.02.2015 passed by the Karnataka Administrative Tribunal (KAT) in Application No.4513/2004. The KAT had directed the State to consider the case of the respondent, Smt. Janabi, widow of late Chowdappa Motare, for the benefit she may be entitled under Rule 247-A(1) of the Karnataka Civil Service Rules. The respondent's husband was initially a daily wage employee with the Public Works Department. He was absorbed into regular service on 01.07.1985 and retired upon attaining the age of superannuation on 31.01.1995. He died on 16.02.1998. The respondent sought family pension, which was denied by the State. The KAT, after hearing the matter, directed the State to consider her case. The State, aggrieved by this direction, filed the present writ petition. The High Court heard Smt. Veena Hegde, learned High Court Government Pleader for the petitioners, and Sri Vittal S. Teli, learned counsel for the respondent. The Court noted that the KAT had not granted any relief but merely directed consideration of the respondent's case. The Court found no error in the Tribunal's order and held that it did not require any interference. Consequently, the writ petition was dismissed.
Headnote
A) Service Law - Family Pension - Rule 247-A(1) Karnataka Civil Service Rules - Entitlement of Widow - The respondent's husband was a daily wage employee absorbed into regular service on 01.07.1985 and retired on 31.01.1995. He died on 16.02.1998. The Karnataka Administrative Tribunal directed the State to consider her case for family pension under Rule 247-A(1). The High Court upheld the order, holding that the Tribunal's direction was just and proper and required no interference. (Paras 1-4)
Issue of Consideration
Whether the respondent, widow of a deceased government employee, is entitled to consideration for family pension under Rule 247-A(1) of the Karnataka Civil Service Rules despite her husband having been a daily wage employee initially and later absorbed into regular service.
Final Decision
The High Court dismissed the writ petition, finding no error in the KAT's order dated 24.02.2015, and upheld the direction to the State to consider the respondent's case for family pension under Rule 247-A(1) of the Karnataka Civil Service Rules.
Law Points
- Family pension
- daily wage employee
- regular absorption
- Rule 247-A(1) Karnataka Civil Service Rules
- Karnataka Administrative Tribunal
- Articles 226 and 227 of Constitution of India
Case Details
2016 LawText (KAR) (01) 29
Writ Petition No.105595/2015 (S-KAT)
H.Billappa, P.S.Dinesh Kumar
Smt. Veena Hegde (HCGP for petitioners), Shri Vittal S. Teli (Advocate for respondent)
The Secretary to Government, Public Works Department, Bengaluru; The Assistant Executive Engineer, National Highway Division, Kushtagi; The Accountant General in Karnataka, Bengaluru; The Senior Accounts Officer, (A & E), Accountant General's Office, Bengaluru
Smt. Janabi, W/o. Late Sri Chowdappa Motare
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Karnataka Administrative Tribunal directing consideration of family pension claim.
Remedy Sought
The petitioners (State Government) sought to quash the order dated 24.02.2015 passed by the Karnataka Administrative Tribunal in A.No.4513/2004.
Filing Reason
The State Government was aggrieved by the Tribunal's direction to consider the respondent's case for family pension under Rule 247-A(1) of the Karnataka Civil Service Rules.
Previous Decisions
The Karnataka Administrative Tribunal in A.No.4513/2004 directed the State to consider the respondent's case for benefit under Rule 247-A(1).
Issues
Whether the KAT's direction to consider the respondent's case for family pension under Rule 247-A(1) of the Karnataka Civil Service Rules was erroneous and required interference by the High Court.
Submissions/Arguments
Petitioners (State): Argued that the KAT's order was erroneous and should be quashed.
Respondent: Supported the KAT's order and sought its affirmation.
Ratio Decidendi
The KAT's direction to consider the respondent's case for family pension under Rule 247-A(1) was just and proper, and the High Court found no reason to interfere with it.
Judgment Excerpts
This petition is presented by the State Government challenging the order dated 24.02.2015 passed by the Karnataka Administrative Tribunal ('KAT' for short) in A.No.4513/2004 directing the State Government to consider the case of the respondent herein for the benefit which she may be entitled under Rule 247-A (1) of the Karnataka Civil Service Rules ('the Rules' for short) and to pass appropriate orders thereon.
The respondent's husband late Chowdappa Motare was a daily wage employee with the Public Works Department. He was absorbed in regular service on 01.07.1985 and retired upon attaining the age of superannuation on 31.01.1995 and died on 16.02.1998.
The Tribunal has not granted any relief. It has only directed the State Government to consider the case of the respondent. We find no error in the order passed by the Tribunal. It does not call for any interference. Accordingly, this petition is dismissed.
Procedural History
The respondent filed an application (A.No.4513/2004) before the Karnataka Administrative Tribunal seeking family pension. The KAT, by order dated 24.02.2015, directed the State Government to consider her case under Rule 247-A(1) of the Karnataka Civil Service Rules. Aggrieved, the State Government filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Civil Service Rules: Rule 247-A(1)
