IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.1504/2017 (GM-RES) BETWEEN:
1. SMT. JAYAMMA W/O. LATE. H G LAKSHMANA, AGED ABOUT 55 YEARS 2. SRI. HARISH H L S/O. LATE. H G LAKSHMANA, AGED ABOUT 30 YEARS, BOTH ARE R/AT HULIVANA GRAMA, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DIST 572130 (BY SRI. BALAKRISHNA M R, ADV.) AND:
1. THE GOVERNMENT OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA BANGALORE-560 001 2. THE HOME SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001 3. THE ACCOUNTANT GENERAL (A & E) KARNATAKA BENGALURU POST BOX NO.5329 PARK HOUSE ROAD, BENGALURU-560 001 (BY SRI. R.B. SATYANARAYANA SINGH, AGA.) ... PETITIONERS ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE R-3 AUTHORITY TO RELEASE THE DEATH BENEFITS OF DECEASED H.G.LAKSHMANA IN FAVOUR OF THEM AS PER THEIR REPRESENTATION DTD:6.12.2016 AT ANNEXURE-A FORTHWITH.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are before this Court seeking issue of mandamus to direct respondent No.3 to release the terminal benefits of late H.G. Lakshmana. In that regard, the petitioners have made the representation dated 06.12.2016.
2. The petitioners claim to be the wife and son of late H.G. Lakshmana. The said late H.G. Lakshmana who was working in the Police department died intestate on 11.10.2012. The petitioners claim that they are the only legal heirs left behind by late H.G. Lakshmana. In that view, they are seeking disbursement of DCRG and other terminal benefits which had accrued to his account.
3. At an earlier point, since a writ petition in W.P.No.50023/2013 was filed by the petitioners therein claiming to be the wife and daughter of late H.G. Lakshmana, a portion of the DCRG amount and the family pension had been withheld. Presently, since the said writ petition has been withdrawn on 18.11.2016, the petitioners have made representation seeking disbursement of the amount. Since the same is not considered, the petitioners are before this Court.
4. In a matter of the present nature, it is for the concerned respondents to take note of the representation, keep in view all these aspects of the matter and if there is no other legal impediment, an appropriate decision be taken on the representation and the same be conveyed to the petitioners.
5. In that view, without expressing any opinion on the merit of the claim made in the representation, a direction is issued to respondent No.3 to take note of the representation and pass appropriate orders in accordance with law on consideration of the same.
6. To enable such consideration, the petitioners shall file one more copy of the representation with all supporting documents along with a copy of this order with respondent No.3. Respondent No.3 shall consider and intimate the result of such consideration to the petitioners as expeditiously as possible, but not later than four weeks from the date on which the representation is submitted.
The petition is accordingly disposed of.
Sd/- JUDGE hrp/bms