- 1 - HC-KAR NC: 2025:KHC-D:12768 WP No. 105099 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105099 OF 2025 (S-KSRTC) BETWEEN: SRI. BASAPPA S/O GANGAPPA ASHTAGI AGED ABOUT 62 YEARS, OCC: RETIRED DRIVER, R/O: AT AND PO: UPPINABETAGERI, NEAR CIVIL HOSPITAL, TQ. AND DISTRICT: DHARWAD – 580 206 … PETITIONER (BY SRI. RAVI HEGDE, ADVOCATE AND SRI VINAY KUMAR BHAT, ADVOCATE) AND: THE DIVISIONAL CONTROLLER NWKRTC, DHARWAD RURAL DIVISION, DIST: DHARWAD – 580 001 … RESPONDENT (BY SRI. PRASHANT HOSAMANI, ADVOCATE) 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 THE RATE OF 14% P.A. ON THE BELATED PAYMENT OF TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING OUTER LIMIT AND ETC. THIS WRIT PETITION COMING ON FOR REPORTING COMPROMISE THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12768 WP No. 105099 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: 1) Issue writ of Mandamus in positive nature, directing the Respondents to pay the interest at the rate of 14% p.a. on the belated payment of terminal benefit i.e. Leave Encashment Benefit, by fixing outer limit, and 2) Issue any other writ or order as this Hon’ble Court may deem fit in circumstances of the case including the cost of this proceeding, in the ends of justice. 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. Mr.B.D.Hiremath 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: 1. The Petitioner-Corporation has filed the above writ petition seeking a direction to the Respondents to pay interest at 14% p.a. on the belated payment of - 3 - HC-KAR NC: 2025:KHC-D:12768 WP No. 105099 of 2025 terminal benefits, namely leave encashment benefits. 2. During pendency of the above writ petition parties have amicably settled the issue involved on the following terms and condition in order put an end to the litigation. a. The management though disputing the order has agreed to pay interest at 7% p.a on the belated payment of leave encashment benefits for a delay within 8 weeks from the date of receipt of certified copy of the award, which the petitioner has accepted. b. It was further agreed that in the event of failure to pay the said interest with 8 weeks from the date of the receipt of copy of the order, the respondent/Corporation shall pay interest at 9% p.a. on the belated payment. 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 terms agreed upon is 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. - 4 - HC-KAR NC: 2025:KHC-D:12768 WP No. 105099 of 2025 5. This Court records its appreciation for the efforts of the learned Mediator Mr.B.D.Hiremath in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 5 Sl No.: 1