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2025 DAILYLAW 75655 (KAR)

SRI. LOKESHAPPA A P v. THE MANAGING DIRECTOR BMTC

WP/3720/2024 · 2025-08-06

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30643 WP No. 3720 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.3720 OF 2024 (S-RES) BETWEEN: 1. SRI. LOKESHAPPA A.P., S/O PARAMESHWARAPPA AGED ABOUT 62 YEARS RETIRED TRAFFIC CONTROLLER NO.1046, 5TH MAIN, 15TH CROSS B LAYOUT, ‘D’ GROUP LAYOUT SRIGANDADA KAVALU POST BENGALURU-560 091. 2. SRI. C. RAJANNA S/O CHANNAPPA AGED ABOUT 61 YEARS R/A NO.212, 5TH MAIN ROAD 3RD CROSS, ITI LAYOUT MALLATHAHALLI BENGALURU-560 056. 3. SRI. S. LAKSHMANA S/O LATE SANJEEVAPPA AGED ABOUT 62 YEARS R/A NO.2539, 1ST FLOOR 10TH MAIN, E-BLOCK EASTWEST PUBLIC SCHOOL RAJAJINAGAR, 2ND STAGE BENGALURU-560 010. 4. SRI. Y.L. NATARAJA RETIRED ASSISTANT ACCOUNTANT AGED ABOUT 64 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30643 WP No. 3720 of 2024 S/O Y.L.NATARAJA R/AT NO.352, 6TH MAIN ROAD VYALIKAVAL BENGALURU-560 003. 5. SRI. UDAYASHANKARA S/O CHIKKAVERABHADRAIAH AGED ABOUT 62 YEARS NO.352, 1ST MAIN ROAD PANCHASHEELA NAGARA MOODALAPALYA BENGALURU-560 078. 6. SRI. UMESH G, RETIRED ASSISTANT AGED ABOUT 62 YEARS NO.FF2, SHIVAGANGA SAI SUCHIN 1ST MAIN ROAD, MARUTHI LAYOUT VASANATHAVALLABHARAYA TEMPLE VASANTHAPURA BENGALURU-560 061. 7. SRI. A.C. ASHOK S/O CHANNABASAPPA AGED ABOUT 61 YEARS R/AT NO.21, 2ND STAGE NALINI NILAYA, 2ND CROSS 4TH MAIN, L.N.COLONY YESHWANTHAPURA BENGALURU NORTH BENGALURU-560 003. 8. SRI. V.G. VEDHAMURTHY RETIRED TRAFFIC CONTROLLER AGED ABOUT 62 YEARS R/AT NO.13/B, 8TH ‘A’ CROSS JS NAGAR, SARASWATHIPURAM NANDHINI LAYOUT BENGALURU-560 096. - 3 - HC-KAR NC: 2025:KHC:30643 WP No. 3720 of 2024 9. SRI. N.K.SHIVANANDA S/O KAPINIGOWDA AGED ABOUT 66 YEARS R/AT NAYAKANAHALLI VILLAGE CHIKKALAHALLI POST KANAKAPURA TALUK RAMANAGARA DISTRICT-562 159. 10. SRI. S.R. RAMACHANDRA S/O LATE RANGAIAH AGED ABOUT 61 YEARS R/AT NO.113/11 POORNAPRAGNA LAYOUT KATRIGUPPE, BSK 3RD STAGE BANASHANKARI BENGALURU-560 085 …PETITIONERS (BY SRI. CHOWDAPPA D.N., ADVOCATE) AND: 1. THE MANAGING DIRECTOR BMTC, CENTRAL OFFICERS K.H.ROAD BENGALURU-560 027. 2. THE CHIEF LABOUR AND WELFARE OFFICER BMTC, CENTRAL OFFICERS, K.H.ROAD BENGALURU-560 027. 3. THE CHIEF ACCOUNTANT OFFICER AND FINANCIAL ADVISOR CENTRAL OFFICERS, K.H.ROAD BENGALURU-560 027. 4. THE DIVISIONAL CONTROLLER BMTC CENTRAL ZONE CENTRAL OFFICERS K.H.ROAD BENGALURU-560 027. - 4 - HC-KAR NC: 2025:KHC:30643 WP No. 3720 of 2024 5. THE DIVISIONAL CONTROLLER BMTC NORTH ZONE CENTRAL OFFICERS K.H.ROAD BENGALURU-560 027. 6. THE DIVISIONAL CONTROLLER BMTC, SOUTH ZONE CENTRAL OFFICERS K.H.ROAD BENGALURU-560 027. 7. THE DIVISIONAL CONTROLLER BMTC, WEST ZONE CENTRAL OFFICERS K.H. ROAD BENGALURU-560 027. …RESPONDENTS (BY SMT. RENUKA H R., ADVOCATE FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY INTEREST AT THE RATE OF 12% PER ANNUM FOR DELAYED PAYMENT OF LEAVE ENCASHMENT BENEFITS TO THE PETITIONERS BY CONSIDERING THE REPRESENTATIONS DATED 02.09.2023, 03.10.2023, 03.10.2023, 16.08.2023, 16.08.2023, 16.08.2023, 05.10.2023, 05.10.2023, 05.10.2023, 02.08.2023 ANNEXURES-B1 TO B10 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 5 - HC-KAR NC: 2025:KHC:30643 WP No. 3720 of 2024 ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “Issue a writ or order in the nature of writ of mandamus directing the respondents to pay interest at the rate of 12% per annum for delayed payment of leave encashment benefits to the petitioners by considering the representations dated 02.09.2023, 03.10.2023, 03.10.2023, 16.08.2023, 16.08.2023, 16.08.2023, 05.10.2023, 05.10.2023, 05.10.2023, 02.08.2023 (Annexures B1 to B10).” 2. The case of the petitioners is that they are all the employees of the respondents. The petitioners retired from the service from various posts after attaining the age of superannuation. The leave encashment benefit of the petitioners was paid by the respondents after a delay of 1 ½ years to three years from the date of the retirement. Therefore, the petitioners submitted representations vide Annexures B1 to B10 to pay the interest @ 12% p.a. for the delayed payment of leave encashment. 3. The learned counsel for the petitioners submits that this writ petition can be disposed of by directing the - 6 - HC-KAR NC: 2025:KHC:30643 WP No. 3720 of 2024 respondents to consider the representations in terms of the orders of this Court, passed in similar circumstances, in W.P.No.48554/2014 disposed of on 18.12.2014 and W.P.No.20799/2022 disposed of on 02.11.2022. 4. In view of the above submission, the writ petition stands disposed of directing the respondents to consider the representations submitted by the petitioners vide Annexures B1 to B10 keeping in mind, the order dated 18.12.2014 passed in W.P.No.48554/2014 and take a decision, in accordance with law, as expeditiously as possible, not later than two months from the date of receipt of a copy of this order and intimate such decision to the petitioners. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 57