- 1 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 26077 OF 2022 (S-RES) BETWEEN: SMT. HEMAVATHI M (SENIOR CITIZEN) AGED ABOUT 75 YEARS, RETIRED SECOND DIVISION ASSISTANT KARNATAKA HOUSING BOARD, RESIDING AT HOUSE NO.13, L I G K H B COLONY 2ND STAGE, BASAVESWARANAGAR BENGALURU-560079. …PETITIONER (BY SRI. DYAVAIAH T.,ADVOCATE) AND: 1. THE HOUSING COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN, K G ROAD BENGALURU-560009 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 2. THE SECRETARY KARNATAKA HOUSING BOARD CAUVERY BHAVAN, K G ROAD BENGALURU-560009 …RESPONDENTS (BY SRI. ACHAPPA P B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO ISSUING OF IMPUGNED ENDORSEMENT DATED 16.06.2022 FROM THE 1ST AND 2ND RESPONDENT OF KARNATAKA HOUSING BOARD, BENGALURU AND-SET ASIDE THE ENDORSEMENT DATED 16.06.2022 (UNDER ANNEXURE-R TO THE WRIT PETITION) PASSED BY THE R2- THE SECRETARY, KARNATAKA HOUSING BOARD, BENGALURU BEARING NO.KA GRU MUM/ADALITA/SI SHA 1/PI AR/179/2006-07 AND ALLOW THE WRIT PETITION AND GRANT ALL CONSEQUENTIAL RELIEFS OF GRANT OF INTEREST AT 18 PERCENT PER ANNUM FOR THE BELATED PAYMENTS OF TWO SPELLS OF BACK WAGES AND ARREARS OF PENSION AS SOUGHT FOR IN RESPECT OF ITEM-01, 02 AND 04 RESPECTIVELY DESCRIBED IN ANNEXURE-F1. THIS PETITION, COMING ON FOR EARLY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 ORAL ORDER This writ petition is filed by the petitioner seeking the following reliefs: "(a). SET ASIDE the Endorsement dated 16/06/2022 (under Annexure-Q to the Writ Petition) passed by the 2nd Respondent-the Secretary, Karnataka Housing Board, Bengaluru bearing No.Ka Gru Mum/Adalita/ Si Sha 1/Pi Ar/179/2006-07 and allow the Writ Petition and grant all consequential reliefs of grant of interest at 18 percent per annum for the belated payments of two spells of back wages and arrears of pension as sought for in respect of item- 01,02 and 04 respectively described in Annexure- Fl., and (b). ISSUE such other appropriate writ, order or direction as this Hon'ble Court deems fit to grant in the interest of justice and equity, including award of costs of this Writ Petition." 2. Brief facts leading rise to the filing of this writ petition are as follows: 2.1. The petitioner entered the service of respondent No.1 on 09.09.1971 as a Second Division Assistant. After attaining 58 years, he retired from service on 30.06.2006. - 4 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 While working as such in the Office of Assistant Executive Engineer, Karnataka Housing Board, Belagavi, was compulsorily retired by way of punishment as per the proceedings dated 26.06.2002. The petitioner, aggrieved by the order of compulsory retirement, approached the Industrial Tribunal, Bengaluru in ID No.2/2001. The learned Industrial Tribunal passed an award on 15.02.2005 by setting aside the order of compulsory retirement with directions for reinstatement with full backwages and all consequential benefits. The respondents, aggrieved by the award passed by the Industrial Tribunal filed a writ petition in WP No.17332/2005. This Court, vide order dated 17.10.2005, upheld the award dated 15.02.2005 passed by the Industrial Tribunal. The petitioner approached the respondents and requested to pay the legitimate backwages, pensionary and retirement benefits, which were not settled till 2017. Even after the specific order dated 22.08.2016 passed in the writ petition filed by the - 5 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 petitioner, the respondents did not pay certain monetary benefits. Thus, a delay has been caused in paying the monetary benefits. It is contented that, the petitioner is entitled for interest on the delayed payment. The petitioner submitted a representation to the respondents for payment of interest on the delayed payments. The respondents, vide order dated 16.06.2022, rejected the representation vide Annexure-Q. Hence, this writ petition. 3. The respondents filed a statement of objections admitting that, the petitioner was appointed as a Second Division Assistant and she was transferred to Belagavi by virtue of order dated 10.07.2000 and disciplinary proceedings were initiated against the petitioner. The Disciplinary Authority has passed an order of compulsory retirement. The said order was challenged by the petitioner before the Industrial Tribunal, Bengaluru. The Industrial Tribunal has set aside the order of compulsory retirement and directed the respondents for reinstatement with all consequential benefits. It is also admitted that, the - 6 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 respondents preferred a writ petition, which was dismissed. It is contended that, the petitioner has received the last payment on 30.08.2017. Despite the petitioner made a claim for interest on her representation dated 16.08.2018, roughly about one year after the pensionary benefits were paid to the petitioner, she is not entitled for interest as claimed in the representation. Hence, prays to dismiss the writ petition. 4. Heard the arguments of learned counsel for the petitioner and also learned counsel for the respondents. 5. Learned counsel for the petitioner submits that, the petitioner, aggrieved by the order of punishment i.e., compulsory retirement, approached the Industrial Tribunal. The Industrial Tribunal set aside the order of compulsory retirement and directed the respondent to reinstate the petitioner with all consequential benefits. He submits that, the respondents have not paid the retirement benefits within time. He submits that, insofar as basic wages are concerned, there was a delay of 11 - 7 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 months, wherein the plaintiff is entitled for interest of Rs.17,371/- and Rs.1,08,475/-. He submits that, the respondents have paid the interest on DCRG, CVP and EL encashment benefits vide Annexure-K and the respondent did not pay the pension within time. There was a delay of 131 months in payment of pension. The petitioner is entitled for interest on the delayed payment. He submits that the respondents, while rejecting a representation submitted by the petitioner, has not assigned any reasons. He submits that, the impugned endorsement issued by the respondents is non-application of mind. Hence, on these grounds, he prays to set aside the impugned endorsement and accordingly, allow the writ petition. 6. Per contra, learned counsel for the respondents submits that, the petitioner has paid the interest on the delayed period as per Annexure-K. He submits that, as per the circular dated 13.11.1994 vide Annexure-R5, the petitioner is not entitled to claim interest on basic wages and also arrears of pension. He has placed reliance on - 8 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 Annexure-R5. He submits that, the respondents have rightly issued an endorsement. The said endorsement is in compliance with Circular vide Annexure-R5 dated 13.09.1994. Hence on these grounds, he prays to dismiss the writ petition. He further submits that, in case if this Court comes to a conclusion that no reasons have been assigned in the impugned endorsement, the respondent will re-consider and pass appropriate order on the representation in accordance with law. Hence, on this ground, he prays for disposal of the writ petition. 7. Perused the records and considered the submissions of learned counsel for the parties. 8. There is no dispute that, the respondents have passed an order of compulsory retirement. The said order was challenged by the petitioner before the Industrial Tribunal in ID No.2/2001. The Industrial Tribunal had set aside the order of compulsory retirement and directed the respondents to reinstate the petitioner with full backwages and all consequential benefits vide award dated - 9 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 15.02.2005. The respondents, aggrieved by the award passed by the Industrial Tribunal, preferred a writ petition in WP No.17332/2005. This Court, vide order dated 17.10.2005, dismissed the writ petition and confirmed the award passed by the Industrial Tribunal. Meanwhile, the petitioner retired from service on 30.06.2006 on attaining the age of superannuation. The respondents paid the backwages of Rs.2,36,887/- on 04.10.2007. The respondent are required to pay the difference of wages of Rs.1,89,202/-. The said amount was paid belatedly on 21.04.2014. There was a delay in paying the backwages, difference of pay and pensionary benefits. The petitioner submitted a representation to the respondents to pay the interest on the delayed payment. The respondents, without properly considering the contents of the representation, issued an endorsement dated 16.06.2022 rejecting the representation submitted by the petitioner. The respondent has not assigned any reasons for rejecting the representation and also did not consider the award - 10 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 passed by the Industrial Tribunal in ID No.2/2001. Further, though the respondents have placed reliance on the circular issued by the Government vide Annexure-R5, from the perusal of the impugned endorsement, the respondents did not refer to the circular in Annexure-R5. The respondents did not assign any reasons for rejecting the representation submitted by the petitioner. The petitioner, in her representation vide Annexure-F, has also contended that, she is entitled for interest at the rate of 8% p.a. As per the Government Order dated 21.08.2003 to that effect, a legal notice was issued. The respondents, without considering the Government Order dated 21.08.2003, has proceeded to reject the representation. The impugned endorsement issued by the respondents is arbitrary, perverse and without application of mind, as no reasons has been assigned for rejection of the representation. Hence, on this ground alone, the impugned endorsement is liable to be set aside. - 11 - HC-KAR NC: 2025:KHC:40187 WP No. 26077 of 2022 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. The impugned endorsement dated 16.06.2022 vide Annexure-Q is hereby set aside; iii. The respondents are directed to re-consider the representation vide Annexure-F taking into consideration the Government Order dated 21.08.2003 and pass an appropriate order in accordance with law within four weeks from the date of receipt of a copy of this order; iv. All the contentions of the parties are kept open; v. In view of disposal of the petition, IA No.1/2024 does not survive for consideration and accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 8