- 1 - NC: 2025:KHC:6449 WP No. 35716 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.35716 OF 2024 (S-R) BETWEEN: SRI VASANTHA KUMAR B S/O B S THIMMEGOWDA, AGED ABOUT 63 YEARS, RESIDING AT NO. 338, 3RD CROSS, GRUHALAKSHMI LAYOUT, NAGASANDRA POST, BANGALORE - 560 073. …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND: 1. DIRECTOR (A AND HR) KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, K G ROAD, BANGALORE - 560 009. 2. THE GENERAL MANAGER (A AND HR) BESCOM, K R CIRCLE, BANGALORE - 560 001. 3. THE SUPERINTENDENT ENGINEER (ELEC) BANGALORE NORTH CIRCLE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6449 WP No. 35716 of 2024 3RD FLOOR, CRESCENT TOWERS, CRESCENT ROAD, NEAR MALLIGE HOSPITAL, MADHAVANAGAR, BANGALORE - 560 001. 4. THE EXECUTIVE ENGINEER (ELEC) BESCOM, JALAHALLI DIVISION, DEVI CIRCLE, BANGALORE - 560 058. …RESPONDENTS (BY SMT. PADMA S. UTTUR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER AND PASS SUITABLE ORDERS ON THE REPRESENTATION OF THE PETITIONER DTD 08.10.2024 ADDRESSED TO THE R-3 VIDE ANNX-J TO THE WP AND CONSEQUENTLY TO PAY THE INTEREST AT 12 PERCENT P.A ON THE ENTIRE TERMINAL BENEFIT AMOUNT FROM THE DATE OF HIS RETIREMENT TILL THE DATE OF THE PAYMENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:6449 WP No. 35716 of 2024 ORAL ORDER Since the petitioner's prayer is to consider his representation to pay interest for belated payment of terminal benefit, the matter is taken up for disposal with the consent of the learned counsel for the parties. 2. The petitioner is before this Court under Article 226 of the Constitution of India, with the following prayer: (a) Issue a Writ of Mandamus directing the Respondents to consider and pass suitable orders on the representation of the Petitioner dated 08.10.2024 addressed to the Respondent No.3 vide Annexure-J to the Writ Petition and consequently to pay the interest at 12% p.a. on the entire terminal benefit amount from the date of his retirement till the date of the payment. (b) Issue any other appropriate order/orders, writ, as this Hon'ble Court may deem fit to pass under the facts and circumstances of the case, to meet the ends of justice and equity. 3. Learned counsel for the petitioner would submit that the petitioner retired from service on attaining the age of superannuation on 31.03.2022. It is submitted his retirement benefits were settled on 29.08.2024. Learned counsel would - 4 - NC: 2025:KHC:6449 WP No. 35716 of 2024 further submit that the petitioner would be entitled for settlement of terminal benefits immediately on his retirement but there is delay of more than two years in settling the terminal benefits, for which he would be entitled for interest. In that regard, he submits that representation dated 08.10.2024 at Annexure-J is submitted and he submits that no action is taken on the said representation. 4. On the other hand, learned counsel Smt. Padma.S.Uttur for the respondents would submit that there was pending enquiry as on the date of petitioner's retirement, which was subsequently came to be concluded on 15.11.2023. Therefore, she submits that subsequent to enquiry proceedings, the petitioner's terminal benefits are settled. However, she submits that representation of the petitioner would be considered in accordance with the Regulation of the BESCOM and in accordance with law. 5. It is an admitted fact that the petitioner retired from service on attaining the age of superannuation on 31.03.2022. The petitioner's pensionary benefits were settled as submitted by the learned counsel for the petitioner on - 5 - NC: 2025:KHC:6449 WP No. 35716 of 2024 29.08.2024. The petitioner by representation dated 08.10.2024 (Annexure-J) requested for payment of interest at the rate of 12% per annum for the belated settlement of terminal benefits. The respondent-BESCOM has a duty to consider the said representation for grant of interest for belated interest on terminal benefits and determine his entitlement. Hence, the following: ORDER (a) Respondent Nos.2 and 4 are directed to consider representation as at Annexure-J dated 08.10.2024 and pass an appropriate order in accordance with law, within a period of two months from today. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 22