IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.12925 OF 2014 (S-RES) Between:
Smt.Laxmamma, W/o late G.Lakshmana, Aged about 63 years, Ex-Constable (RK) RPF, F/o Muddalinganahalli, Manne Post, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District.
(By Sri.Girigowda.C., Advocate-Absent) And:
1. The Chief Security Commissioner, Railway Protection Force, (RPF), South Western Railway, Hubli, Dharwad District, Karnataka-580020.
2. The Senior Security Commissioner, Railway Protection Force, (RPF), Bangalore Division, South Western Railway, Bangalore-560 022.
(By Sri.V.K.Narayanaswamy, Advocate) …Petitioner ...Respondents This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to direct the R1 & R2 to consider the case of the petitioner for grant of family pension and grant of compassionate allowance and its benefits.
This Writ Petition coming on for Preliminary hearing in ‘B’ Group this day, the Court made the following:-
ORDER Short question that arises for consideration in the present petition is whether petitioner is entitled to family pension and grant of compassionate allowance and other benefits due to the death of her husband on 19.07.1985.
2. Learned counsel for the respondents in their state of objections at paragraph-3 stated that deceased employee-husband of the petitioner was removed from service on 07.03.1984 and he had expired on 19.07.1985. Therefore, there is no provision to extend the benefit of compassionate allowance and family pension in terms of the Railway Board Letter NO.F(EO 111/2003/PN-1/5, dated 04.11.2008, in respect of imposition of penalty of removal from service. Paragraph- 3 of the statement of objections reads as under;
“3. It is submitted that, the petitioner has submitted that application dated 31.01.2013, 20.02.2013 and 30.03.2013 through post, requesting for grant of compassionate allowance-Family pension, since husband was removed from the service on 07.03.1984 and subsequently expired on 19.07.1985 and she is eligible for compassionate allowance family pension as per Railway Board Letter No.F(EO 111/2003/PN-1/5, dated: 04.11.2008)”
3. In view of these facts and circumstances of the case, petitioner has not made out a case to seek family pension and grant of compassionate allowance or other benefits.
Accordingly, writ petition stands dismissed.
Sd/- JUDGE SB