- 1 - HC-KAR NC: 2025:KHC:37650-DB WA No. 108 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 108 OF 2024 (S-RES) BETWEEN: THE CHAIRMAN & MANAGING DIRECTOR BHARAT ELECTRONICS LIMITED CORPORATE OFFICE, OUTER RING ROAD, NAGAVARA, BENGALURU 560 045. …APPELLANT (BY SRI. SYED KHASIF ALI, ADV., FOR SRI PRADEEP S SAWKAR, ADV.) AND: 1. R.P. RAJAGOPALAN STAFF NO.203630 S/O LATE PERASAMY AGED 70 YEARS RESIDING AT NO.004 SLV ANVESHANA APT, 19TH MAIN 36TH CROSS, HBR LAYOUT 5TH BLOCK, HENNUR CROSS ROAD PRAKRUTHI LAYOUT BENGALURU - 560043 SINCE DECEASED REPRESENTED BY LRS SMT. S.R. MEERA W/O LATE SRI R.P. RAJAGOPALAN AGED ABOUT 64 YEARS R/AT 42/1, 7TH CROSS, NANJAPPA LAYOUT, VIDYARANYAPURA, BENGALURU - 560097. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37650-DB WA No. 108 of 2024 2. H.C. DURGAIAH STAFF NO. BCE 203515 S/O LATE CHIKKANNA AGED ABOUT 70 YEARS, RESIDING AT 2815, "E" BLOCK 4TH CROSS, 14TH MAIN SAHAKARA NAGARA BENGALURU - 560 092. 3. MARKAND RAO SHINDE STAFF NO.BCE 203767 S/O NARAYANA RAO SHINDE AGED ABOUT 70 YEARS RESIDING AT 40/1, 7TH CROSS NEAR VIDYARANAYAPURA NANJAPPA LAYOUT BENGALURU - 560 097. 4. H. MURALIDHAR STAFF NO.E 203688 S/O H N HANUMANTHA RAO AGED ABOUT 70 YEARS RESIDING AT V-71/72 PIPELINE 5TH CROSS MALLESHWARAM BENGALURU - 560 003. 5. S. NAGESH STAFF NO.BCE 202679 S/O LATE SANJEEVAPPA AGED ABOUT 70 YEARS RESIDING AT B-342, 5TH MAIN SREE RAMA NILAYA BAHUBALINAGAR JALAHALLI BENGALURU - 560 013. 6. R. NAGESH STAFF NO. BCE 210522 S/O LATE N RAMA RAO AGED ABOUT 70 YEARS, RESIDING AT 185, 3RD CROSS - 3 - HC-KAR NC: 2025:KHC:37650-DB WA No. 108 of 2024 HMT LAYOUT, 2ND BLOCK VIDYARANYAPURA BENGALURU - 560 097 SINCE DECEASED REPRESENTED BY LR SMT. S. LEELA W/O LATE SRI R. NAGESH AGED ABOUT 71 YEARS, R/AT NO.185, 3RD CROSS HMT LAYOUT, 2ND BLOCK VIDYARANYAPURA BENGALURU - 560097. 7. Y.P. PRABHAKARA RAO STAFF NO. BCE 204193 S/O SRI Y. NARASIMHA MURTHY AGED ABOUT 70 YEARS UNIT 6, 1062/1 AND 1063 1ST CROSS, 4TH MAIN 2ND BLOCK, B E L LAYOUT VIDYARANAYAPURA BENGALURU - 560 097. 8. K.S. ANANDAKUMAR STAFF NO. BCE 203326 S/O M.S.K RAO AGED ABOUT 70 YEARS 2429, 8TH MAIN, 22ND CROSS BANASHANKARI 2ND STAGE BENGALURU - 560 070. 9. SHAHAJAHAN IBRAHIM SHAIKH STAFF NO. E 206107 S/O LATE IBRAHIM BAPUSAHEB SHAIKH AGED ABOUT 70 YEARS No.22, ZAHEERA MAHAL, 3RD CROSS AKASHVANI LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097. 10. SURENDRA B S STAFF NO. BCE 203581 S/O SRI VEERAPPA - 4 - HC-KAR NC: 2025:KHC:37650-DB WA No. 108 of 2024 AGED ABOUT 70 YEARS RESIDING AT 669, 15TH CROSS HMT LAYOUT, 4TH BLOCK VIDYARANYAPURA BENGALURU - 560 097 11. ASHISH KUMAR MAZUMDAR STAFF NO.E 203464 S/O LATE N C MAZUMDAR AGED ABOUT 71 YEARS RESIDING AT E-817, C R PARK NEW DELHI - 110 019. 12. ATIS DIPANKAR MITRA STAFF NO. E 206229 S/O LATE AMAL KUMAR MITRA AGED ABOUT 71 YEARS RESIDING AT No. 1004, KANCHANJUNGA TOWER, KAUSHAMBI GHAZIABAD - 201 010 13. RAJAN R. ISRANI STAFF No. E 204116 S/O REWACHAND T ISRANI AGED ABOUT 71 YEARS RESIDING AT N-14, FLAT No.3 FIRST FLOR, MALVIYA NAGAR NEW DELHI - 110 017. 14. JAYANT YASHWANT CHOUDHARY STAFF No. E 204422 S/O YESHWANT DATTATREY CHOUDHARY AGED ABOUT 70 YEARS, RESIDING AT H-404 OMEGA PARADISE CO-OP HOUSING SOCIETY, S. No.174P/175P WAKKAD THERGAON ROAD, WAKAD PUNE - 411 057. …RESPONDENTS (BY SMT. MAITREYI KIRSHNAN, ADV., FOR - 5 - HC-KAR NC: 2025:KHC:37650-DB WA No. 108 of 2024 SRI A.J. SRINIVASAN, ADV., FOR R1 TO R-14) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 12.09.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.296/2020(S-RES) AND ALLOW THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. The issue raised for consideration before us is whether the order of the learned Single Judge dated 12.09.2023 directing the appellant- Institution to confer the benefit of encashment of unavailed sick leave to the petitioners, who had retired between January 2013 to June 2013, on the ground of parity and equity is liable to be interfered with. 3. Learned counsel appearing for the appellant submits that during the period in question, there was no - 6 - HC-KAR NC: 2025:KHC:37650-DB WA No. 108 of 2024 provision for grant of encashment of unavailed sick leave in the appellant- Institution and that the direction is therefore, completely unsupported by any legal provision. It is submitted that without there being any Rule or provision for grant of the benefit, the writ petitioners could not have raised the claim for such payment. 4. Learned counsel appearing for the respondents, on the other hand, submits that encashment of unavailed sick leave was a benefit which was available to all the employees of the appellant- Institution and that it was only to the petitioners (numbering 14), who retired between January 2013 to June 2013 that the benefit had been declined. It is submitted that after June 2013, the sick leave was re-named as half-pay leave and the benefits of encashment had been granted to every person who had retired after June 2013 as well. 5. We notice that the learned Single Judge had considered the fact that the benefit was available to all, - 7 - HC-KAR NC: 2025:KHC:37650-DB WA No. 108 of 2024 but 14 employees of the appellant- Institution, who had retired between January 2013 to June 2013. It was taking note of this fact and on the ground of parity and equity that the learned Single Judge had held that the 14 petitioners would also be entitled to the benefit. 6. Having considered the contentions advanced on either side and considering the reasons stated by the learned Single Judge, we find that there is absolutely no reason to interfere with the direction issued by the learned Single Judge. The writ appeal therefore fails, same is accordingly, dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 20