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NC: 2024:KHC-D:5889
WP No. 104450 of 2022
C/W WP No. 147216 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
TH
DATED THIS THE 28 DAY OF MARCH, 2024
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
WRIT PETITION NO.104450/2022(GM-RES)
C/W
WRIT PETITION NO.147216/2020
IN W.P.NO.104450/2022:
BETWEEN:
SMT. SUSHILA W/O. GANGADHAR SADANI,
AGE: 69 YEARS, OCC: HOUSEHOLD,
R/O: MANGALWAR PET,
HEBBALLI AGASI, DHARWAD – 580 001.
…PETITIONER
(BY SRI V. P. VADAVI, ADVOCATE)
AND:
1. THE REGISTRAR,
KARNATAKA UNIVERSITY,
DHARWAD – 580 001.
2. SMT. SHAKUNTALA
Digitally
W/O. GANGADHAR SADANI,
signed by
MANJANNA E
AGE: 67 YEARS, OCC: HOUSEWORK,
Location:
High Court of
R/O: YELIGAR ONI, HOSAYALLAPUR,
Karnataka
DHARWAD – 580 001.
3. SHANKAR S/O. GANGADHAR SADANI,
AGE: 40 YEARS, OCC: SERVICE,
R/O: YELIGAR ONI, HOSAYALLAPUR,
DHARWAD – 580 001.
…RESPONDENTS
(BY SRI S.S.BETURMATH, ADVOCATE FOR
SRI K.L.PATIL, ADVOCATE FOR R1;
SRI GIRISH HIREMATH, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS
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WP No. 104450 of 2022
C/W WP No. 147216 of 2020
DIRECTING THE RESPONDENT TO CONSIDER REPRESENTATION
VIDE ANNEXURE-D AND E DATED 31/01/2020 AND 19/01/2022
RESPECTIVELY AND TO PAY THE PENSIONARY BENEFITS AS PER THE
ORDER DATED 14/12/2019 IN O.S. 41/2019 VIDE ANNEXURE-A
PASSED BY PRL. FAMILY COURT DHARWAD WITH 12% INTEREST
AND ETC.,
IN W.P.NO.147216/2020:
BETWEEN:
THE REGISTRAR
KARNATAKA UNIVERSITY,
DHARWAD – 580 001.
…PETITIONER
(BY SRI S.S.BETURMATH, ADVOCATE FOR
SRI K. L. PATIL, ADVOCATE)
AND:
1. SMT. SHAKUNTALA
W/O. GANGADHAR SADANI,
AGE: 67 YEARS, OCC: HOUSEWORK,
R/O: YELIGAR ONI, HOSAYALLAPUR,
DHARWAD – 580 001.
2. SHANKAR S/O. GANGADHAR SADANI,
AGE: 41 YEARS, OCC: SERVICE,
R/O: YELIGAR ONI, HOSAYALLAPUR,
DHARWAD – 580 001.
3. SMT. SUSHILA CALLING HERSELF
W/O. GANGADHAR SADANI,
AGE: 69 YEARS, OCC: SERVICE,
R/O: GALI ONI, HEBBALLI AGASI,
DHARWAD – 580 001.
…RESPONDENTS
(BY SRI GIRISH HIREMATH, ADV. FOR R1 AND R2;
SRI V.P.VADAVI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, ISSUE A WRIT IN THE NATURE OF
CERTIORARI QUASHING THE ORDER DATED 14.12.2019 PASSED BY
THE LOK-ADALAT IN O.S.NO.41/2019 VIDE ANNEXURE-C ON THE
FILE OF FAMILY COURT, DHARWAD, IN THE INTEREST OF JUSTICE
AND EQUITY.
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WP No. 104450 of 2022
C/W WP No. 147216 of 2020
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING -
B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner in W.P.No.104450/2022 being
defendant No.1 in O.S.No.41/2019 on the file of the
Family Court, Dharwad is seeking issuance of writ in the
nature of mandamus directing respondent No.1 to consider
the representations produced as per Annexures-D and E
dated 31.01.2020 and 19.01.2022 respectively.
2. Petitioner in W.P.No.147216/2020 is seeking
issuance of writ in the nature of certiorari to quash the
order dated 14.12.2019 passed in O.S.No.41/2019 on the
file of the Family Court, Dharwad before the Lok Adalath
produced as per Annexure-C.
3. Parties are referred to as per their ranking in
W.P.No.104450/2022.
4. Heard learned counsel Sri.V.P.Vadavi for the
petitioner, learned counsel Sri.S.S.Beturmath for
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respondent No.1 and learned counsel Sri.Girish S.Hiremath
for respondent Nos.2 and 3.
5. Petitioner filed the petition contending that
respondent Nos.2 and 3 being plaintiffs in O.S.No.41/2019
before the Family Court, Dharwad against the petitioner
and respondent No.1 sought pensionary benefits in view of
the death of late Gangadhar Sadhani. It is the contention
of the petitioner and respondent No.2 that late Gangadhar
Sadhani is their husband and he was serving under
respondent No.1-University. He retired from the service
and thereafter died. However, his pensionary benefits
were not settled. Therefore, respondent Nos.2 and 3 have
filed the suit before the trial court. Respondent Nos.2 and
3 and the petitioner entered into a compromise before the
Lok Adalath agreeing to share the pension and arrears of
pension amount equally. The said joint memo was
accepted by the Lok Adalath. In spite of producing the said
order which is as per Annexure-A, respondent No.1 was
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not ready and willing to release the pensionary benefits
and therefore, the petitioner is before this court.
6. Learned counsel submitted that respondent
No.1 alone is disputing the entitlement of the petitioner
and respondent Nos.2 and 3 to seek pensionary benefits
equally. Respondent Nos.2 and 3 have no objection for the
same, since there was a compromise before the Lok
Adalath. It is stated that respondent No.3 has already
given up his right over the pensionary benefit while
entering into compromise before the Lok Adalath.
Accordingly, he prays for allowing the petition by directing
respondent No.1 to release the pensionary benefits in
favour of the petitioner and respondent No.2 equally.
7. Learned counsel for respondent Nos.2 and 3
admits the contention taken by the learned counsel for the
petitioner and submitted that he has no objection to allow
the petition directing respondent No.1 to apportion the
pensionary benefits equally amongst the petitioner and
respondent No.2.
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8. Learned counsel for respondent No.1 opposing
the petition submitted that, even though respondent No.1
herein was defendant No.2 in O.S.No.41/2019, it was not
party to the compromise entered into between petitioner
and respondent Nos.2 and 3 before the Lok Adalth.
Therefore, the said order is not binding on it. Accordingly,
W.P.No.147216/2020 is filed seeking to quash the said
order passed in the Lok Adalath. However, the learned
counsel for respondent No.1 fairly submits that, if the
court directs respondent No.1 to release the pensionary
benefits along with arrears equally in favour of the
petitioner and respondent No.2, respondent No.1 is ready
to obey the said order. Accordingly, he prays for passing
appropriate order.
9. Perused the material on record.
10. It is not in dispute that suit O.S.No.41/2019
was filed by respondent Nos.2 and 3 before the trial court
seeking penesionary benefits of late Gangadhar Sadhani.
It is also not in dispute that late Gangadhar Sadhani was
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working under respondent No.1 and subsequently he died.
It is also admitted that pentionary benefits were not
settled in favour of the family members. It is the
contention of the petitioner and respondent No.2 that they
were the wives of the deceased Gangadhar Sadhani.
Admittedly, petitioner and respondent Nos.2 and 3 have
entered into a compromise and filed joint memo agreeing
to receive the pensionary benefits equally, to be payable
by respondent No.1. However, respondent No.1, who was
defendant No.2 in the said suit was not party to the joint
memo. Therefore, respondent No.1 is challenging the said
order accepting the joint memo and decreeing the suit.
However, the fact remains that respondent No.1 is not
disputing any of the facts stated above. It is also not in
dispute that pensionary benefits are to be settled after the
death of late Gangadhar Sadhani. It is the contention of
the petitioner and respondent No.2 that both of them are
wives of late Gangadhar Sadhani and they mutually
agreed to share pensionary benefits equally and filed joint
memo before the Lok Adalath. Respondent No.3 being the
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C/W WP No. 147216 of 2020
son of late Gangadhar Sadhani has given up his claim over
the penesionary benefits. Under such circumstances, I am
of the opinion that respondent No.1 may be directed to
release the pensionary benefits along with arrears equally
in favour of petitioner and respondent No.2. Accordingly, I
proceed to pass the following:
ORDER
i) W.P.No.104450/2022 is allowed.
ii) Respondent No.1 is directed to settle the
pensionary benefits amongst the petitioner and
respondent No.2 equally, within a period of
three months from the date of receipt of a copy
of this order.
iii) In view of the above, W.P.No.147216/2020 is
disposed of.
SD/-
JUDGE
MBS/CT-ASC
List No.: 1 Sl No.: 21