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2025 DAILYLAW 37677 (KAR)

S.M.SIDDARAMSHETTY v. THE DIVISIONAL CONTROLLER NWKRTC

WP/106147/2025 · 2025-09-23

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12973 WP No. 106147 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106147 OF 2025 (S-KSRTC) BETWEEN: 1. S.M.SIDDARAMSHETTY CONDUCTOR-GOKAK-B.NO. AGE. 65 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI-591 201 DIST.BELAGAVI 2. N.G. AMBIGER MECH-GOKAK-B.NO. AGE. 69 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 3. M.R. MAYANNAVAR SUPERIDENT-CHIKKODI AGE. 63 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12973 WP No. 106147 of 2025 4. K.H. LAMANI DRIVER-DWD-B.NO. AGE. 62 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 5. B.S. YADURE COND-CKD-B.NO. AGE. 65 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 6. M.Y. CHINCHANI RTD. DRIVER, GOKAK AGE. 64 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 7. M.T. ALGUR ART, CKD-B.NO. AGE. 64 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 8. P.P.KAMBLE MECH-CKD-B.NO. AGE. 62 YEARS OCC. RTD., - 3 - HC-KAR NC: 2025:KHC-D:12973 WP No. 106147 of 2025 R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 9. SADASHIV I WAGHMARE RTD. T.C., AGE. 67 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 10. SADASHIV Y. CHITALE RTD. CONDU, CKD AGE. 63 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 11. G.R. HIREMATH DRIVER, ATHANI AGE. 61 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 12. RAMA N. KORAR RTD. DRIVER, CKD AGE. 65 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, - 4 - HC-KAR NC: 2025:KHC-D:12973 WP No. 106147 of 2025 CHIKODI DIST.BELAGAVI-591 201 13. SMT SHAMSHAD W/O M.K. MOKASHI RTD. MECH, GOKAK AGE. 69 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 14. H.M. AWATE RTD. DRIVER, CHIKODI AGE. 65 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 15. B.V. KARADI RTD. ART. GOKAK AGE. 69 YEARS OCC. RTD., R/O.C/O. NWKRTC NIVRUTTA SANGHA RAJIV NAGAR, CHIKODI DIST.BELAGAVI-591 201 … PETITIONERS (BY SRI. ABDUL SATTAR RAHIMAN SAHEB NAMAZI, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER NWKRTC CHIKODI DIVISION, CHIKODI-591 201 - 5 - HC-KAR NC: 2025:KHC-D:12973 WP No. 106147 of 2025 2. THE DIVISIONAL CONTROLLER NWKERTC, DHARWAD DIVISION DHARWAD – 580 001. 3. THE M.D. NWKRTC CENTRAL OFFICE, GOKUL ROAD HUBBALLI DIST: DHARWAD – 580 030. … RESPONDENTS (BY SRI. PRASHANT S. HOSAMANE, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS IN POSITIVE NATURE, DIRECTING THE RESPONDENTS TO PAY THE INTEREST AT 14% P.A. ON THE BELATED PAYMENT OF TERMINAL BENEFIT OF LEAVE ENCASHMENT BENEFIT AS REQUESTED IN THE REPRESENTATION DATED 12-05-2025 ANNEXURE-C BY FIXING OUTER LIMIT AND ETC. THIS WRIT PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners are before this Court seeking for the following reliefs: i) Issue a writ of mandamus in positive nature, directing the respondents to pay the interest at 14% p.a. on the belated payment of terminal benefit of Leave Encashment Benefit as requested in the representation dated 12-05-2025 Annexure-C by fixing outer limit and ii) Issue any other Writ order as this Hon’ble Court may deem fit in circumstances of the case including the cost of these proceedings in the interest of justice and equity. - 6 - HC-KAR NC: 2025:KHC-D:12973 WP No. 106147 of 2025 2. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation “For the Nation” 90 days’ drive. Ms.Shaila Bellikatti was appointed as the Mediator in the present case. 3. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memo of settlement has been filed, recording the terms of the compromise, which reads as under: JOINT MEMO OF SETTLEMENT 1. The Petitioner has filed the above writ petition seeking a direction to the Respondents to pay interest at 14% per annum on the belated payment of terminal benefits, namely leave encashment benefits. 2. During the pendency of the above writ petition, the parties have amicably settled the issue involved, on the following terms and conditions, in order to put an end to the litigation: a. The Management, though disputing the order, has agreed to pay interest at 7% per annum on the belated payment of leave encashment benefits for the period of delay, within 8 weeks from the date of receipt of the certified copy of the award, which the Petitioner has accepted. b. It is further agreed that in the event of failure to pay the said interest within 8 weeks from the date of the receipt of the copy of the order, the Respondent-Corporation shall pay interest at 9% per annum on the belated payment. - 7 - HC-KAR NC: 2025:KHC-D:12973 WP No. 106147 of 2025 c. If the Management fails to comply with the aforesaid conditions, the Petitioner is at liberty to initiate appropriate proceedings before the competent Court of law for execution of this settlement. d. The above settlement and the terms agreed upon are in accordance with law, do not offend any provision of law, and constitute a fair and reasonable settlement in the interest of both parties. WHEREFORE, the parties respectfully pray that this Hon'ble Court may be pleased to dispose of the matter in terms of the settlement recorded herein, in the interest of justice and equity. 4. Accepting the joint memo of settlement, the petition is disposed of in accordance with the settlement reached between the parties. 5. This Court records its appreciation for the efforts of the learned Mediator Ms.Shaila Bellikatti in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 225