- 1 - NC: 2025:KHC:2311 WP No. 22045 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.22045 OF 2024 (S-RES) BETWEEN: 1. KARNATAKA HANDLOOM DEVELOPMENT CORPORATION RETIRED EMPLOYEES WELFARE ASSOCIATION (R), NO.111, 3RD 'E' CROSS, NETHAJINAGAR, NEAR JALAHALLI CROSS, BENGALURU-560 057. RPT. BY ITS JOINT SECRETARY, B.S. GURUSWAMY S/O SHIVABASAPPA, AGED ABOUT 68 YEARS, REGISTERED UNDER REGISTRATION ACT, 1960, FOR THE WELFARE OF RETIRED EMPLOYEES OF KHDC. 2. R.D. KULKARNI S/O DANJAYA N KULKARNI AGED ABOUT 70 YEARS, R/AT NO.30, BEHIND UTTARDHI MATA, RUDSHED ABHIRUDDINAGRA, BIJAPURA DISTRICT-586 109. 3. M.L. NARAYANKAR S/O LAKSHMAN AGED ABOUT 69 YEARS, R/AT LIG- 06 ANANDANAGRA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2311 WP No. 22045 of 2024 RAJAPURA ROAD, GULBERGA DISTRICT-585 105. 4. S.S. NAGATHAN S/O SIDDARAMAPPA AGED ABOUT 69 YEARS, R/AT SANGAMESHWARA NAGARA, GANGBAWADI, BIJAPUR DISTRICT 586 101 5. M.N. HOTAGAR S/O NARASHING AGED ABOUT 67 YEARS, R/AT GOWRINILYA, 4TH CROSS, A BLOCK, GOPALA EXTINCTION, SHIVAMOGGA 577 205 6. K.M. JOSH S/O P.M. PAPPACHAN, AGED ABOUT 65 YEARS, R/AT NO.15, MJ NAGARA ROAD, CHOODASANDRA, HUSKUR POST, SARJJAPURA HOBLI, ANEKAL TQ, BENGALURU-560 099. 7. S.S. VENKATESHWARABABU S/O LATE S. SITHAPATHI AGED ABOUT 65 YEARS RA/T NO. 4/60, 4TH WARD, COMPOUNDER LANE, HOSPET, BELLARY DIS-583 201. 8. BHIMSENRAO S/O SHESHAGIRIRAO, AGED ABOUT 64 YEARS, R/AT NO. 17-1-305/63 BASAVESWARANAGRA, SHAHAPURA POST AND TQ, - 3 - NC: 2025:KHC:2311 WP No. 22045 of 2024 YADAGIR DIS-585 223. …PETITIONERS (BY SRI. SUNDARESH H.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE-560 001. 2. MANAGING DIRECTOR, KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD., HEAD OFFICE PRIYADARSHINI NEKARA COLONY, VIDYANAGAR, HUBBALLI 580 031 …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA FOR R1; SRI. D. NAGARAJ, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 2ND RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 21-05-2022 FILED BY THE 1ST PETITIONER AND REPRESENTATION FILED BY THE PETITIONER NO.2 TO 8, AS PER ANNEXURE-E AND F, F1 TO F6 RESPECTIVELY FOR PAYMENT OF INTEREST FOR DELAY IN SETTLEMENT OF EARNED LEAVE SALARY AS PER THE GOVERNMENT ORDER DATED 21-08-2003 AS PER ANNEXURE-D AND ALSO AS PER THE ORDER PASSED BY THIS HONBLE COURT IN W.P.NO.50972/2019 AND OTHER CONNECTED MATTERS DISPOSED ON 07-12-2021 AS PER ANNEXURE-H. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 4 - NC: 2025:KHC:2311 WP No. 22045 of 2024 ORAL ORDER The petitioners, retired employees of respondent No.2- Karnataka Handloom Development Corporation Ltd., are before this Court under Article 226 of the Constitution of India, praying for mandamus to consider their representation dated 21.05.2022 at Annexure-E and Annexures-F, F1 to F6, wherein the petitioners have prayed for payment of interest for delay in settlement of earned leave encashment. 2. Heard Sri. Sundaresh.H.C., learned counsel for the petitioners and Sri. V.Shivareddy, learned Additional Government Advocate for respondent No.1 as well as Sri. D.Nagaraj, learned counsel for respondent No.2. Perused the writ petition papers. 3. The petitioners claim that they are the retired employees of respondent No.2-Karnataka Handloom Development Corporation Limited. On their retirement, the encashment of earned leave was settled belatedly and as the claim for earned leave benefit was settled belatedly, they sought interest on the said amount by submitting representations at Annexure-E dated 21.05.2022, Annexure-F - 5 - NC: 2025:KHC:2311 WP No. 22045 of 2024 dated 08.07.2024, Annexure-F1 dated 20.07.2024, Annexure- F2 dated 08.07.2024, Annexure-F3 dated 16.04.2024, Annexure-F4 dated 06.04.2024, Annexure-F5 dated 23.04.2024, Annexure-F6 dated 03.04.2024. It is the grievance of the petitioners that respondent No.2 has not taken any decision on the said representations. In that circumstances, the petitioners would pray for writ of mandamus to consider their request. 4. Per contra, learned counsel Sri. D.Nagaraj for respondent No.2 would submit that the representations of the petitioners would be considered in accordance with law and appropriate order would be passed. 5. The petitioners were entitled for settlement of all pensionary benefits including encashment of earned leave immediately on their retirement. The petitioners' representations are at Annexure-E dated 21.05.2022, Annexure-F dated 08.07.2024, Annexure-F1 dated 20.07.2024, Annexure-F2 dated 08.07.2024, Annexure-F3 dated 16.04.2024, Annexure-F4 dated 06.04.2024, Annexure-F5 dated 23.04.2024, Annexure-F6 dated 03.04.2024, wherein the - 6 - NC: 2025:KHC:2311 WP No. 22045 of 2024 petitioners have sought for interest on the belated payment of earned leave encashment. The respondent No.2 was expected to take a decision on the said representations within a reasonable time. But as respondent No.2 has failed to take decision on the representations of the petitioners, the petitioners would be entitled for a writ of mandamus. Hence, the following: ORDER (a) Respondent No.2 is directed to consider the representations at Annexure-E dated 21.05.2022, Annexure-F dated 08.07.2024, Annexure-F1 dated 20.07.2024, Annexure-F2 dated 08.07.2024, Annexure-F3 dated 16.04.2024, Annexure-F4 dated 06.04.2024, Annexure-F5 dated 23.04.2024, Annexure-F6 dated 03.04.2024 and pass an appropriate order taking note of the decision dated 07.12.2021 in W.P.No.50972/2019 as well as relevant Government Orders in respect of payment of interest on belated payment of earned leave encashment, within a period of three months from today. - 7 - NC: 2025:KHC:2311 WP No. 22045 of 2024 (b) With the above, writ petition stands disposed off. (c) In view of the above, I.A.No.1/2024 stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 25