SMT. SUREKHA W/O SHANKAR WAJANTRI ALIAS KORAVAR v. THE STATE OF KARNATAKA

The petitioners are the wife and children of Sri. Shankar Lagamappa Wajantri and he has died on 30.05.2020. Sri. Shankar Lagamappa Wajantri, who was employed as a Grade-D employee with the office of ADLR, Hukkeri, has died in harness; after his death the petitioners have instituted the suit in in O.S. No.153/2020 on the file of the Civil Judge and JMFC, Hukkeri against Smt.Laximibai Shivaraj Bhajantri for declaration that they and this person are the legal heirs of the deceased. This suit in O.S. No.153/2020 is decreed on 21st January, 2021 declaring that the petitioners and Smt. Laxmibai Shivaraj Bhajantri would be the legal heirs. After this judgment and decree, the office of the Deputy Tahashildar, Yamkanmardi has issued endorsement informing the second petitioner that he cannot issue Survival Certificate in view of the aforesaid judgment and decree. The petitioners grievance is because the office of the Accountant General (A & E) Karnataka, Bengaluru has issued endorsement informing the first petitioner, the wife of the deceased, that the request for pension cannot be considered unless a Survival Certificate from the office of the Tahashildar is obtained. Of course, the petitioners have impugned the endorsement issued by the Deputy Tahashildar, Yamakanmardi as pointed out by the Sri Shivaprabhu Hiremath, but this Court must opine that the Deputy Tahashildar is justified in issuing the endorsement as aforesaid and no exception can be taken with this endorsement. However, in the circumstances of the case, to redress the petitioners grievance, they must be given liberty to file a representation with the office of the Accountant General Accountant General (A & E) Karnataka, Bengaluru, Annexe Building, Park House Road, Bengaluru for consideration of the application for grant of family pension in the light of the judgment and decree as aforesaid. If the petitioners file such representation, the aforesaid shall consider the same without insisting upon the Survival Certificate in view of the decree in O.S. No.153/2020 referred to above. Hence, the petition stands disposed of accordingly, and in view of this disposal, the application in I.A. No.1/2022 will not survive for consideration. Sd/- JUDGE