PARWATEVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the widow of late Sri.Kamalappa Rathod @ Lamani has approached this Court in the instant writ petition seeking for the following reliefs.

(2.) Heard the learned counsel for the parties and also perused the material available on record.

(3.) Late Sri.Kamalappa Rathod @ Lamani, who was working as an Assistant Sub Inspector of Police had died in service on 30/6/2006. It appears that, said late Sri.Kamalappa Rathod @ Lamani had two wives namely the petitioner and the 7th respondent. After the death of late Sri.Kamalappa Rathod @ Lamani, the 7th respondent and her children had filed O.S. No.14/2006 before the Court of Civil Judge at Yelburga and in the said suit, the petitioner and her children were arrayed as defendants. The said suit was decreed on the basis of a compromise petition filed by the contesting parties. As per the decree passed in O.S. No.14/2006, the deceased 7th respondent, and her children are entitled for compassionate appointment, and the petitioner and her children are entitled for all death benefits including the pensionary benefits of deceased late Sri.Kamalappa Rathod @ Lamani. Subsequent to the said decree, it appears that the petitioner had made a representation before the competent authority to settle the death and pensionary benefits of the deceased late Sri.Kamalappa Rathod @ Lamani in her favour. The said request of the petitioner had rejected by the order/communication at Annexure - P dtd. 7/2/2014 passed by the 1st respondent, Annexure - P was forwarded to the petitioner by the 3rd respondent vide endorsement dtd. 22/7/2014 at Annexure - N. It is under these circumstances, the petitioner has approached this Court challenging the endorsement at Annexure - N and the communication at Annexure - P dtd. 22/7/2014 and 7/2/2014 respectively.