PREMA D/O GANGAPPA BIJAGUPPI vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA
AT DHARWAD

TH
DATED THIS THE 28 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO.109387 OF 2025 (GM-RES)









BETWEEN:


PREMA
D/O. GANGAPPA BIJAGUPPI,
AGE: 68 YEARS, OCC: NIL,
R/O: MARKANDE NAGAR,
JANATA PLOT, GOKAK – 591 307,
TQ: GOKAK, DIST: BELAGAVI.





…PETITIONER
(BY SRI R.M. HIREMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
UNDER SECRETARY,
SECRETARIAT, DPAR,
AR POLITICAL GAURAVA
DHANA PENSION-I,
TH ST
6 FLOOR, 1 STAGE,
M.S. BUILDING,
BENGALURU - 560 001.

2. THE UNDER SECRETARY,
FFR DIVISION -WZ SECTION,
MINISTRY OF HOME AFFAIRS,
ND
2 FLOOR, NOCC-II,
JAISINGH ROAD,




Digitally
signed by
SAROJA
HANGARAKI
Location: high
court of
karnataka,
dharwad bench

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PARLIAMENT STREET,
NEW DELHI – 110001.

3. THE BRANCH MANAGER,
STATE BANK OF INDIA,
GOKAK BRANCH,
DIST: BELAGAVI – 591 307.

4. THE CHIEF ACCOUNTANT GENERAL (A AND E),
KARNATAKA P.B.NO.5329,
PARK HOUSE ROAD,
BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. PRASHANT V. MOGALI, HCGP FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER WRIT OR DIRECTION, DIRECTING THE
RESPONDENTS TO RESTORE THE FREEDOM FIGHTER PENSION BY
THE STATE GOVERNMENT THAT WAS BEING RECEIVED BY THE
PETITIONER’S MOTHER TILL 2012 AND CONTINUE THE STATE
FREEDOM FIGHTER’S PENSION IN FAVOUR OF THE PETITIONER AS
SHE IS THE UNMARRIED DAUGHTER OF LATE SHRI GANGAPPA
BIJAGUPPI. TO ISSUE WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO PAY THE ARREARS OF PENSION WITH INTEREST
FROM 2012 TILL DATE. TO ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO PROCESS AND SANCTION THE
CENTRAL FREEDOM FIGHTER’S PENSION (SWATANTRA SAINIK
SAMMAN PENSION) APPLICATION OF THE PETITONER’S FATHER AND
GRANT THE SAME TO THE PETITIONER AS HIS DEPENDENT.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER


1. Petitioner claiming to be the daughter of one Gangappa
Bijaguppi, stated to have been a freedom fighter, was
receiving Central Freedom Fighter's pension, is before this
Court seeking following reliefs.
I. Issue a Writ of Mandamus or any other Writ or
direction, directing the Respondents to restore the
Freedom Fighter Pension by the State Government
that was being received by the petitioner’s mother
till 2012 and continue the State Freedom Fighter’s
Pension in favour of the petitioner as she is the
unmarried daughter of Late Shri Gangappa
Bijaguppi.
II. Issue Writ of Mandamus directing the
Respondents to pay the arrears of pension with
interest from 2012 till date.
III. Issue a Writ of Mandamus directing the
Respondents to process and sanction the Central
Freedom Fighter’s Pension (Swatantra Sainik
Samman Pension) application of the Petitoner’s
father and grant the same to the petitioner as his
dependent.

IV. Issue any other Writ, Order or direction as this
Hon’ble Court deems fit to grant as per the facts
and circumstances of this case, in the interest of
justice and equity.”

2. Learned counsel for the petitioner submits that, father of
the petitioner Gangappa Bijaguppi passed away in the year
1987. Thereupon mother of the petitioner namely

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Smt.Siddawwa Gangappa Bijaguppi was receiving the
family pension. Said Siddawwa Gangappa Bijaguppi passed
away on 24.12.2012. Thereafter petitioner being
unmarried daughter of said Gangappa Bijaguppi and
Siddawwa Gangappa Bijaguppi had made repeated
representations to the Deputy Commissioner for grant of
freedom fighter pension benefits.

3. Learned counsel brings to the notice of this Court, a
communication on 09.11.2015 produced as per Annexure-
K addressed by the Additional District Deputy
Commissioner of Belgavi District to the General Manager,
State Bank of India to take appropriate steps to grant
pensionary benefits to the petitioner herein. Despite that,
no action was taken. Petitioner thereafter made a
representation on 16.08.2019 to the Government of India
for grant of pensionary benefits.

4. In response to which, a reply was issued by the Under
Secretary to the Government of India on 06.02.2020 as
per Annexure-M, disputing the father of petitioner
receiving any pension during his lifetime. Subsequently

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petitioner made a representation to the respondent-State
Government. Respondent-State Government which in turn
forwarded a communication on 16.03.2020 to the Deputy
Secretary to the Government of India, Ministry of Home
Affairs. Thereafter by the impugned communication dated
05.11.2022 petitioner was informed that since the
petitioner had not furnished documents justifying her claim
of her father being freedom fighter receiving the
pensionary benefits not supported by any documents and
that no pensionary benefits having been given to her
father as claimed, her request for consideration of her
representation to pay the pension amount in her favour
could not be considered. Being aggrieved by the said
communication Annexure-P, the petitioner is before this
Court.

5. Learned counsel for the petitioner submits that, the
petitioner in fact had furnished all the records as
requisition by the respondent-State Government including
a communication at Annexure-N dated 16.03.2020 issued
by the Secretary to the Government, Department of
Personnel and Administrative Reforms indicating father of

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the petitioner namely Gangappa Bijaguppi was indeed
receiving the freedom fighter's pension. That without
considering the said document, the impugned
endorsement/communication dated 05.11.2022 as per
Annexure-P has been issued, which is clear case of non-
application of mind. Hence, he seeks for allowing this
petition.

6. Learned High Court Government Pleader, in response
submits that, in terms of the impugned communication
dated 05.11.2022, the request of the petitioner for grant
of pensionary benefit has been declined as the petitioner
had not furnished any documents substantiating the claim
of her father was indeed a freedom fighter and was
receiving the pensionary benefit. As regards the
communication dated 16.03.2020 as per Annexure-N,
which is purportedly issued by the Secretary to the
Government, Department of Personnel and Administrative
Reforms he submits that, the authenticity/genuineness or
otherwise of the said documents will be verified and
thereafter appropriate order will be passed.

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7. Submission is placed on record.

8. The impugned communication at Annexure-P dated
05.11.2022 merely cites that the petitioner did not furnish
the document to support her claim that her father
Gangappa Bijaguppi was indeed a freedom fighter and was
receiving the pension benefit. Document at Annexure-N,
which is a communication issued by Karnataka State
Government to the Deputy Secretary to the Government of
India, Ministry of Home Affairs indicate 13 documents
being enclosed/submitted by the petitioner for
consideration of her request.

9. The impugned communication at Annexure-P dated
05.11.2022 does not seem to have adverted to those
documents forming part of communication dated
16.03.2020 as per Annexure-N.

10. In that view of the matter, the following:
ORDER
allowed.
(i) Petition is

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(ii) Impugned communication dated
05.11.2022 produced as per Annexure-P
is quashed.

(iii) Matter is remitted to respondent No.1,
who shall advert to the documents
enumerated in the communication dated
16.03.2020 addressed by the Karnataka
State Government to the Deputy
Secretary to Government of India as per
Annexure-N and after hearing the
petitioner personally and pass
appropriate order in accordance with law
within an outer limit of three months
from the date of receipt of certified copy
of this order.

(iv) Petitioner is at liberty to furnish such
additional documents and statements as
may be required and advised in the
matter.

Sd/-
(M.G.S. KAMAL)
JUDGE
EM
List No.: 1 Sl No.: 23