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2026 DAILYLAW 11900 (KAR)

RAMESH N v. CHIEF TRAFFIC MANAGER

WP/23791/2023 · 2026-02-18

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 23791 OF 2023 (S-KSRTC) BETWEEN: 1. RAMESH N, S/O M.M. NARAYANA, AGE 63 YEARS, R/A NO 16/1, 1ST CROSS, 1ST MAIN DINNUR, R .T. NAGAR, BENGALURU - 560032. 2. SHESHADRI S V, S/O VENKATARAM IYENGAR, AGE 63 YEARS, R/A S - 824, 5TH MAIN ROAD, SRIRAMPURA 1ST STAGE, MYSURU - 570023. 3. RAJGOPAL, S/O PAPI REDDY, AGE 63 YEARS, R/A NO 46, 2ND FLOOR, FLAT NO B - 27, KPT SRUSTI APARTMENT, MANIVALAS GARDEN KAMALANGAR BENGALURU - 560026. 4. HEJJAPPA S/O GANGAPPA, AGE 63 YEARS, R/A NAJARABHAD VEERSAGRA, DEENANAYAK DEPOT ROAD, TUMAKURU - 572104. 5. JAYARAJU A C, S/O CHIKKANNA, AGE 64 YEARS Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 R/A NO 403, ESTEEM FORM APARTMENTS, DAISY BLOCK, 3RD CROSS, 1ST STAGE, KURUBARAHALLI, BANGALORE - 560086. 6. PRABHURAJE ARAS, S/O LINGARAJU ARAS, AGED 65 YEARS, R/A NO 06, INDRAPRASTHA, APARTMENT NEAR , B E M L LAYOUT, 5TH STAGE, RAJARAJESHWARINAGAR, BENGALURU - 560098. 7. RAMESH M, S/O MARIYAPPA G, AGE 64 YEARS R/AT NO 162, 7TH CROSS, LAKSHMIPURA, KRISHNADEVARAYA ROAD, GAVIPURA BANGALORE - 560019. 8. CHALLUVARAJU, S/O MARAPPA B M, AGE 64 YEARS R/A NO 03, AANNYAPPA ROAD, DODDAMAVAHALLI BENGALURU - 560004. 9. GURURAJ P V, S/O VEERAYYA M P, AGE 63 YEARS, R/A BI 146, 3RD MAIN ROAD, 3RD CROSS, BEHIND GANESH BHAVAN HANUMANTHANAGAR, GAVIPURA EXTENSION, BANGALORE - 560019. 10. NANNE GOWDA, S/O GUTAPPA, AGE 63 YEARS, R/AT NEAR MARUTHI THEATRE, RAJAGOPALANAGARA, PEENYA 2ND STAGE, BENGALURU SOUTH BENGALURU - 562157. - 3 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 11. VENKATAPPA M N, S/O NARAYANA SHETTY, AGE 65 YEARS, R/A NO 08, 1ST CROSS, SANJEEVININAGARA, VEERANJANEYA TEMPLE ROAD, HEGGANAHALLI, BENGALURU - 560091. 12. RAME GOWDA A S/O ANJANAPPA, AGE 62 YEARS R/ANO 06, 12TH K CROSS, MUTTYALANAGRA, BENGALURU - 560054. 13. RENKARADHYA R, AGED 63 YEARS, S/O RUDRAYYA N, R/A NO.5015 SUBHASHNAGARA, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562123. 14. RAJAGOPAL H N, S/O LATE NARSAYYA, AGE 64 YEARS, R/ANO 1267C, 3RD CROSS, 8TH MAIN ROAD, BHUVANESHWARINAGARA, T DASARAHALLI, BENGALURU - 560057. 15. SRINIVAS V, S/O VENKATESHYYA, AGE 64 YEARS, R/A NO 38, PIPE LINE MAIN ROAD, MALLESHWARAM BENGALURU - 560003, PETITIONER IS NOT CLAIMED THE BENEFIT OF SENIOR CITIZEN …PETITIONERS (BY SRI L SHEKAR.,ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 AND: 1. CHIEF TRAFFIC MANAGER BMTC , CENTRAL OFFICES, K H ROAD, BENGALURU - 560027. 2. DIVISIONAL CONTROLLER BMTC., CENTRAL DIVISION/ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. 3. DIVISIONAL CONTROLLER, BMTC., SOUTH DIVISION/ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. 4. DIVISIONAL CONTROLLER BMTC., WEST DIVISION / ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. 5. DIVISINAL CONTROLLER, BMTC., NORTH DIVISION /ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. 6. DIVISIONAL CONTROLLER BMTC., NORTH EAST DIVISION / ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. …RESPONDENTS (BY SMT RENUKA H R, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE RESPONDENTS TO PAY INTEREST AT THE RATE OF 12 PERCENT PER ANNUM FOR DELAYED PAYMENT OF LEAVE ENCASHMENT BENEFITS TO THE PETITIONERS BY CONSIDERING THE REPRESENTATIONS DTD 07/06/2022, 21/09/2022, 19/05/2023, 28/11/2022, 18/11/2022, - 5 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 07/12/2022, 06/07/2022, 17/12/2022, 16/05/2023, 04/06/2022 AND 03/06/2023 AS PER ANNEXURE-B1 TO B15. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. The dispute is relating to the interest payable on the delayed payment of service benefits payable to the petitioner-employee by the respondent-Corporation. 3. Learned counsel for the petitioner would urge that the Division Bench of this Court in The Divisional Controller, North West Karnataka Road Transport Corporation, Dharwad Rural Division and Another vs Tanaji and Others1 has awarded 9% interest on delayed payment and would urge that same rate of interest is to be applied to the petitioner's claim and 9% interest per annum is to be awarded. 1 WA No.100193/2024 - 6 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 4. Learned counsel for the respondent-Corporation would refer to the judgment of the Co-ordinate Bench of this Court in Sri Yallappa vs. The Management of NWKRTC Hubballi Rural Division and connected matters2 and would urge that 6% interest is awarded on delayed payment. It is urged on behalf of the respondent-Corporation that, though the Division Bench has awarded 9% interest, the Co- ordinate Bench of this Court has referred to the Supreme Court Judgment wherein, the interest is awarded interest at 6% per annum and the Divisional Bench of this Court has not referred to the judgment in State of Andhra Pradesh and Another vs. Dinavahi Lakshmi Kameswari3 as such, the said judgment is per incuriam. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. In the judgment of the Division Bench referred to by the learned counsel for the petitioner, admittedly, there is 2 WP No.106898/2025 & Connected matters 3 (2021) 11 SCC 543 - 7 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 no reference to the judgment of the Apex Court in State of Andhra Pradesh (supra) which has awarded 6% interest in case of delayed payment. The Co-ordinate Bench of this Court has referred to the judgment of the Apex Court in State of Andhra Pradesh (supra) which is with reference to a similar- Corporation namely the Andhra Pradesh State Road Transport Corporation and the Apex Court noticing the financial condition of the said Corporation has reduced the interest from 12% to 6%. 7. Since it is submitted that on account of financial difficulty faced by the petitioner-Corporation which is also due to the unprecedented difficult situation during Covid period, the Court is of the view that the petitioner is entitled to 6% interest on the delayed payment. 8. However, it is made clear that in case the payment is not made within 12 weeks from today, the petitioner is entitled to 9% interest per annum and in such a situation, the respondent-Corporation cannot plead for reduction of interest - 8 - HC-KAR NC: 2026:KHC:10151 WP No. 23791 of 2023 rate. 9. Petition is disposed of accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 0