SMT.CHIKKATHAYAMMA vs THE COMMISSIONER

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HC-KAR
NC: 2026:KHC:57201-DB
WP No. 29422 of 2026
CNR: KAHC010642592026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 29422 OF 2026 (S-KSAT)
BETWEEN:
SMT.CHIKKATHAYAMMA
W/O LATE B. NAGARAJ
AGED ABOUT 71 YEARS
R/AT NO 299/A,
SEWAGE FORM ROAD,
KANAKAGIRI, MYSORE.
…PETITIONER
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. NARENDRA GOWDA, ADVOCATE)
AND:
1.
THE COMMISSIONER
DEPARTMENT OF COLLEGIATE EDUCATION
GOVT OF KARNATAKA
BANGALORE - 560 001.
2. THE JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
REGIONAL OFFICE, HUNSUR ROAD,
NEAR METROPOLITAN CIRCLE,

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WP No. 29422 of 2026
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MYSORE -570022.
3. THE PRINCIPAL
ACCOUNTANT GENERAL (A AND E)
OFFICE OF ACCOUNTANT
GENERAL OF KARNATAKA
P B NO.5329/5369, ANNEX BUILDING
PARK HOUSE ROAD, BANGALORE - 560 001.
4.
THE PRINCIPAL,
MAHARANI WOMENS SCIENCE COLLAGE,
MYSORE- 570 022.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS RELATING TO THE PASSING OF THE ORDER DATED
16.07.2026 IN APPLICATION NO 3065/2025 ON THE FILE OF
THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL,
BENGALURU, ISSUE A WRIT OF CERTIORARI QUASHING THE
ORDER DATED 16.07.2026 IN TH APPLICATION NO 3065/2025
ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BENGALURU VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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HC-KAR
NC: 2026:KHC:57201-DB
WP No. 29422 of 2026
CNR: KAHC010642592026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned counsel Sri.Narendra Gowda for the
petitioner and learned AGA Sri.Vikas Rojipura for
respondents.
2. Petitioner, wife of one Late Sri.B.Nagaraj is
before this Court questioning the order dated 16.07.2026
in Application No.3065/2025 passed by the Karnataka
State Administrative Tribunal, Bengaluru, (for short the
'Tribunal') whereunder the petitioners prayer to quash the
communication dated 07.02.2025 rejecting the prayer
made on behalf of the petitioner to register her name for
the purpose of pension and pensionary benefits of her
husband who retired as Lab Assistant in the fourth
respondent - College, is refused.
3. Learned counsel for the petitioner would submit
that the husband of the petitioner was working as Lab
Assistant in the fourth respondent - College and he retired

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WP No. 29422 of 2026
CNR: KAHC010642592026
from service on attaining the age of superannuation on
31.03.2004. It is stated that subsequently he died on
31.12.2023. To evidence his death, the petitioner has
placed on record Death Certificate dated 29.01.2024 at
Annexure-A2. It is submitted that on behalf of the
petitioner, a representation was made to the respondent
authorities to register the name of the petitioner in the
nomination column of the service register and to sanction
family pension to the petitioner. Respondent No.5 under
communication dated 07.02.2025 (Annexure-A7) rejected
the request made on behalf of the petitioner stating that
during the lifetime of the husband of the petitioner, no
nomination was made for receiving pension or pensionary
benefits and as such at this stage no nomination could be
registered to claim family pension or pensionary benefits.
Questioning the said communication, the petitioner was
before the Tribunal and the Tribunal observing that when
there is no nomination and when there is no provision
subsequently to register nomination, it held that petitioner

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WP No. 29422 of 2026
CNR: KAHC010642592026
would not be entitled for family pension or pensionary
benefits of her late husband. Questioning the said order,
the petitioner is before this Court.
4. Learned counsel Sri.Narendra Gowda would
submit that the husband of the petitioner was working as
Lab Assistant in fourth respondent - College and he retired
from service on attaining the age of superannuation on
31.03.2004 and subsequently, died on 31.12.2023.
Learned counsel for the petitioner would submit that
admittedly the husband of the petitioner has not made any
nomination for receiving family pension or retirement
benefits. Further learned counsel would submit that there
was difference of opinion between petitioner and her late
husband. Further learned counsel would submit that the
petitioner had approached the Family Court, Mysore City in
C.Misc.No.89/1998 claiming maintenance under Section
125 of Cr.P.C wherein there is a clear finding that the
petitioner is the legally wedded wife of late Sri.B.Nagaraj.
In that regard learned counsel would invite attention to

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order dated 06.09.1999 in C.Misc.No.89/1998 at
Annexure-A1. Learned counsel therefore, would submit
that the petitioner being wife of late Sri.B.Nagaraj would
be entitled for family pension and other retirement
benefits. Learned counsel for the petitioner would submit
that the Tribunal without properly appreciating the
provisions of KCSRs wrongly placing reliance on the
decision of learned single judge of this Court in CRP
No.100049/2017 in Adamsaheb vs. Raziyabegum
and Others , held that there is no provision for nomination
at this length of time and if there is no nomination, one
would not be entitled for family pension or pensionary
benefits.
5. On the other hand, learned AGA would submit
that the husband of the petitioner who is said to have died
on 31.12.2023 had not nominated any person in his
lifetime to receive family pension or pensionary benefits.
Therefore, he submits that petitioner at this length of time
cannot seek for nomination to receive family pension or

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pensionary benefits. Thus, he would pray for dismissal of
the writ petition.
6. On hearing the learned counsels for the parties
and on perusal of the entire writ petition papers, we are of
the view that the Tribunal committed grave error in
dismissing the petitioners' application without going into
the provisions of KCSRs with regard to nomination and the
Karnataka Government Servants' (Family Pension) Rules,
1964.
7. Rule 302 of KCSRs provides for nominations for
receiving death cum retirement gratuity which reads as
follows:
302. (i) "Family" for the purpose of this rule will
include the following relatives of the Government Servant,
namely :-
(a) wife, in the case of a male Government servant,
(b) husband, in the case of female Government
servant,
(c) sons (including step children and adopted
children),
(d) un-married and widowed or divorced daughers.
(e) brothers below the age of 18 years and
unmarried or widowed or divorced sisters.

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(f) Father including adoptive parents in case of
individuals whose personal law permits adoption
(g) Mother including adoptive parents in case of
individuals whose personal law permits adoption
(h) married daughters, and
(i) children of predeceased son.
Note-1 - (c) and (d) will include and adopted son or
an adopted daughter only if under the personal law of the
Government servant adoption is legally recognised as
conferring the status of a natural child. If in any case, the
Audit Officer feels a doubt as to whether the personal law
confers such a status, he may refer the matter to the
Advocate General for Karnataka and act in accordance
with his opinion.
(ii) A Government servant shall, soon after
confirmation in Government service, make a nomination
conferring on one or more persons the right to receive
any gratuity that may be sanctioned under sub-rules (ii)
and (iv) of Rule 292:
Provided that if, at the time of making the
nomination, the Government servant has a family, the
nomination shall not be in favour of any person or
persons other than the members of his family.
Exception :- Where a Government servant has no
family, the nomination can be made in favour of any
person who is not a member of his family or in favour of a
body of persons, whether incorporated or not. Similarly,
where the Government servant has only one member in
his family in whose favour the original nomination should
be made, the alternate nomination can be made in favour
of any person who is not a member of his family or in
favour of a body of persons, whether incorporated or not.
(iii) If a Government servant nominates more than
one person under sub-rule (ii), he shall specify in the
nomination the amount of share payable to each of the
nominees in such manner as to cover the whole amount
of the gratuity.
(iv) A Government servant may provide in a
nomination-

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(a) in respect of any specified nominee, that in the
event of his predeceasing the Government servant the
right conferred upon that nominee shall pass to such
other members of the Government servant’s family as
may be specified in the nomination.
(b) that the nomination shall become invalid in the
event of the happening of a contingency specified therein.
(v) The nomination made by a Government servant
who has no family shall become invalid on his
subsequently acquiring family.
(v-a) Every nomination made by the Government
servant before his marriage, shall automatically become
invalid after his marriage and the nomination shall be
deemed to have been made in favour of the husband or
the wife as the case may be.
(vi)(a) Every nomination shall be in such one of the
Forms 2 to 5 as may be appropriate in the circumstances
of the case.
(b) A Government servant may at any time cancel
a nomination by sending a notice in writing, to the
Appropriate Authority, provided that the Government
servant shall, along with such notice, send a fresh
nomination made in accordance with this Rule.
Note – While a nomination as also any change
therein will normally be made by a Government servant
during his service in accordance with this clause, he may
be allowed to make a fresh nomination or change his
earlier nomination after retirement if such a contingency
arises.
(vii) Immediately on the death of a nominee in
respect of whom no special provision has been made in
the nomination under clause (a) of sub-rule (iv) or on the
occurrence of any event by reason of which the
nomination becomes invalid in pursuance of clause (b) of
that sub-rule, or sub-rule (v), the Government servant
shall send to the appropriate authority a notice in writing
formally cancelling the nomination, together with a fresh
nomination made in accordance with this Rule.
(viii) Every nomination made, and every notice of
cancellation given by a Government servant under this
Rule, shall be sent by the Government servant to his

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Accounts Officer in the case of a Gazetted Government
servant and to the Head of his Office in the case of a non-
Gazetted Government servant. Immediately on receipt of
a nomination from a non-Gazetted Government servant
the Head of the Office shall countersign it indicating the
date of receipt and keep it under his custody.
(ix) Every nomination made, and every notice of
cancellation given by a Government servant shall, to the
extent that it is valid, take effect on the date on which it
is received by the authority mentioned in sub-rule (viii).
(x) When a Government servant fails to make a
nomination before his retirement, the gratuity may be
paid in the event of his death before receiving payment,
to surviving members of his family in the manner
provided by Rule 292 (ii).
8. In terms of the above Rule, a Government
servant shall soon after confirmation in Government
service, make a nomination conferring on one or more
persons the right to receive any gratuity. Further, Sub
Rule (v-a) of Rule 302 makes it abundantly clear that
every nomination made by a Government servant before
his marriage, shall automatically becomes invalid after his
marriage and the nomination shall be deemed to have
been made in favour of the husband or the wife as the
case may be. In the instant case, admittedly the husband
of the petitioner has not made any nomination. However,

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CNR: KAHC010642592026
in terms of the above provision, when it is proved that the
husband of the petitioner had married the petitioner, the
nomination is deemed to have been made in favour of the
petitioner-wife of the late Sri.B.Nagaraj who was working
as Lab Assistant in the fourth respondent-College. Rule (x)
of Rule 302 further makes it clear that when a
Government Servant fails to make a nomination before his
retirement, it provides for payment of gratuity to the
surviving members of the family in the manner provided
under Rule 292(ii). Thus, it cannot be said that if there is
no nomination, the person claiming would not be entitled
to family pension or pensionary benefits, however, it
would be subject to proving that person claiming family
pension is surviving member of the deceased Government
servant.
9. The Karnataka Government Servants' (Family
Pension) Rules, 1964 governs the sanction of family
pension. The same nomination made under Rule 302 of
KCSRs would apply for sanction of family pension also. In

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the above circumstances, the respondents are not justified
in rejecting the claim of the petitioner for sanction of
family pension and pensionary benefits of her late
husband.
10. The petitioner has placed on record order dated
06.09.1999 in C.Mis.No.89/1998 passed by the Family
Court at Mysore City, whereunder while granting
maintenance to the petitioner there is a clear finding that
the petitioner is legally wedded wife of late Sri.B.Nagaraj,
retired Lab Assistant.
11. In the light of the above, respondents are
directed to consider the petitioner as registered nominee
of the deceased Government Servant late Sri.B.Nagaraj
who was working as Lab Assistant in the fourth respondent
- College and to sanction family pension from the date of
the death of her husband.

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HC-KAR
NC: 2026:KHC:57201-DB
WP No. 29422 of 2026
CNR: KAHC010642592026
Time for compliance: Three months from the date of
uploading the order on the
website of the High Court.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
List No.: 1 Sl No.: 16