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Gulbarga Bench - 1 - IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH DATED THIS THE 3 RD DAY OF FEBRUARY 2014 BEFORE THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR WRIT PETITION Nos.101803-806/2013 (GM-RES) BETWEEN: 1. SUVARNA W/O NEELKANT RAO AGED ABOUT 45 YEARS OCC: HOUSEHOLD R/O BASWANAPPA BAZAR AINOLI TALUKA CHINCHOLI 2. PRAMILA D/O NEELKANT RAO AGED ABOUT 25 YEARS OCC: HOUSEHOLD R/O BASWANAPPA BAZAR AINOLI TALUKA CHINCHOLI 3. PRASHANT S/O NEELKANT RAO AGE: 20 YEARS, OCC: STUDENT R/O BASWANAPPA BAZAR AINOLI TALUKA CHINCHOLI 4. KANYA KUMARA D/O NEELKANT RAO AGE ABOUT 15 YEARS, MINOR UNDER GUARDIANSHIP OF SMT. SUVARANA W/O NEELKANT RAO, OCC: HOUSEHOLD R/O BASWANAPPA BAZAR AINOLI TALUKA CHINCHOLI ... PETITIONERS (BY SRI N.KRISHNACHARYA, ADVOCATE) - 2 - AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE EDUCATION SECRETARY DEPARTMENT OF EDUCATION M.S.BUILDING BANGALORE – 560 001 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS GULBARGA 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION GULBARGA 4. THE BLOCK EDUCATION OFFICER CHINCHOLI, TALUKA CHINCHOLI DISTRICT GULBARGA 5. NEELKANT RAO S/O SHIVAPPA AGE: 50 YEARS, OCC: TEACHER GOVT. H.P.S. RAMTIRTH TALUKA CHINCHOLI DISTRICT GULBARGA ... RESPONDENTS (BY SRI MANVENDRA REDDY, GA FOR R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS 1 TO 4 TO RECORD THE NAMES OF THE PETITIONERS IN THE SERVICE REGISTER OF RESPONDENT NO.5 AS FAMILY MEMBERS OF THE RESPONDENT NO.5 IN PURSUANCE OF THE REPRESENTATION DATED 14.06.2013 AS PER ANNEXURE-D. - 3 - THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Case of the petitioners is that the first petitioner is the wife of 5 th respondent and petitioner Nos.3 to 4 are the children born out of the wedlock between the first petitioner and 5 th respondent; they have filed application seeking maintenance before the competent Court under Section 125 of Cr.P.C. and hence, award of maintenance is made in their favour; they made representation before the Block Education Officer, Chincholi, to enter their names in the service register of the 5 th respondent as his wife and his children. Since such representation of the petitioners is not considered, these writ petitions are filed. 2. The service register cannot be altered at the request of the 3 rd party. It is only respondent No.5 (employee) who can give the information to the department. If the petitioners have got any right over - 4 - the service benefits, it is open for them to take such other steps as are open to them in law. They have to prove the relationship with respondent No.5 and seek remedies as are available to them. On the other hand, petitioners cannot force the department to enter their names in the service register of respondent No.5 as his dependents/legal representatives. Hence, the direction sought for by the petitioners cannot be granted. Accordingly, the petitions fail and the same stand dismissed . Sd/- JUDGE NB*.
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