01Facts
The petitioner, Chikkathayamma, claimed to be the legally wedded wife of B. Nagaraj, who retired as a Lab Assistant on 31 March 2004 and died on 31 December 2023.
pp. 5–6, 12A Family Court order granting her maintenance had recorded that she was his legally wedded wife.
pp. 5–6, 12After his death, she sought registration as nominee and sanction of family pension and pensionary benefits.
p. 4The authorities rejected her request because her husband had made no nomination during his lifetime.
p. 4The Karnataka State Administrative Tribunal dismissed her challenge, and she petitioned the High Court to quash that decision.
pp. 3–602Issues
i.1. Whether the absence of a nomination by the deceased employee barred his wife from claiming family pension and pensionary benefits.
pp. 6–7, 11–12ii.2. Whether the petitioner, upon establishing that she was the deceased employee’s legally wedded wife, could be treated as his registered nominee and receive family pension.
pp. 10–1203Law Applied
Rule 302 of the Karnataka Civil Services Rules (KCSRs) governs nominations for death-cum-retirement gratuity.
pp. 7–11Rule 302(v-a) provides that a nomination made before marriage becomes invalid upon marriage and is deemed to be in favour of the employee’s spouse; Rule 302(x) provides for payment of gratuity to surviving family members where an employee dies without having made a nomination, in the manner prescribed by Rule 292(ii).
pp. 7–11The Court held that the nomination provisions under Rule 302 also applied to family pension under the Karnataka Government Servants’ (Family Pension) Rules, 1964.
pp. 11–12A claimant’s entitlement was subject to proof that they were a surviving member of the deceased employee’s family.
p. 1104Reasoning
The Court found that the Tribunal had dismissed the application without properly considering the KCSRs and the Family Pension Rules.
p. 7The petitioner had produced a Family Court order identifying her as Nagaraj’s legally wedded wife.
pp. 10–12Applying Rule 302, the Court held that the absence of a nomination did not, by itself, defeat a surviving family member’s claim.
pp. 10–12It concluded that the petitioner’s established status as the deceased employee’s wife entitled her to be treated as the registered nominee for purposes of the claim.
pp. 10–12The Court therefore rejected the basis on which the authorities and Tribunal had denied relief.
pp. 11–1205Holding
The High Court allowed the petitioner’s claim and directed the respondents to treat her as the registered nominee of the deceased employee and sanction family pension from the date of his death.
p. 12Compliance was required within three months from the date the order was uploaded on the High Court website.
p. 13Original Court PDF
SMT.CHIKKATHAYAMMAvsTHE COMMISSIONER
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