Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10152 WP No. 10682 of 2025
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. 10682 OF 2025 (S-KSRTC) BETWEEN:
1.
H G KRISHNA S/O GINDAIAH, AGED ABOUT 63 YEARS, R/AT NO.528, 4TH MAIN, 4TH CROSS, KAMALANAGARA, BASAVESHWARANAGARA, BANGALORE - 560 079.
2.
A.B. LOKESH, S/O A.S. BORALAH, AGED ABOUT 63 YEARS, R/AT NO.3, 11TH CROSS, CHOWDAPPA LAYOUT, BAPUJINAGARA, BANGALORE 560 026.
3.
BASAPPA KASHAPPA MAREPPAGOL, S/O KASHAPPA MAREPPAGOL, AGED ABOUT 64 YEARS, R/A NO.1, DANOJIPALYA, NELAMANGALA, BANGALORE - 562 123.
4.
G.B. NAGENDRA S/O CHANDRASHEKARAIAH, AGED ABOUT 65 YEARS, R/AT NO.6, JARAGANAHALLI, J.P. NAGARA POST, BANAGALORE - 570 078.
5.
D.T. SHIVANNA, S/O TURUBAIAH,
Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10152 WP No. 10682 of 2025
AGED ABOUT 65 YEARS, R/A NO.8, 5TH MAIN, GADIMUDDANNA ROAD, MEENAKSHINAGARA, KAMAKSHIPALYA, BASAVESHWARANAGARA BANGALORE - 560 079
6.
V. CHANDRASHEKARAIAH, S/O CHANNAVEERAIAH, AGED ABOUT 65 YEARS, R/A NO.379, NO.379/1, SUBHASHNAGAR, 2ND CROSS, OPP.KEB NELAMANGALA, BANGALORE - 562 123.
7.
B.R. MAHADEVARADYA, S/O RUDRAPPA, AGED ABOUT 62 YEARS, R/A NO.267, MALLESHWARA TEMPLE ROAD, BETTALASUR, VTC BANGALORE - 560 057.
8.
B.L. PRABHANNA, S/O LINGANNA B.K, AGED ABOUT 62 YEARS, R/A NO.256/1, 2ND MAIN, MALLESHWARA TEMPLE ROAD, BETTALASUR, VTC BANGALORE 560 057.
(SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) …PETITIONERS (BY SRI D N CHOWDAPPA, ADVOCATE A/W SRI J R THIPPESWAMY, ADVOCATE)
AND:
1.
THE MANAGING DIRECTOR, BMTC, BMTC CENTRAL OFFICES K.H. ROAD, SHANTHINAGAR BANGALORE - 560 027.
2.
THE CHIEF ACCOUNTS OFFICER, BMTC CENTRAL OFFICES K.H. ROAD, SHANTHINAGAR BANGALORE - 560 027. …RESPONDENTS (BY SMT H.R RENUKA, ADVOCATE)
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HC-KAR NC: 2026:KHC:10152 WP No. 10682 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS CORPORATION TO PAY INTEREST AT THE RATE OF 12 PERCENT PER ANNUM TO THE PETITIONERS FOR THE PERIOD OF BELATED PAYMENT OF EARNED LEAVE ENCASHMENT BENEFITS BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONERS DATED 12/02/2024, 28/01/2025, 31/01/2025, 28/10/2024, 30/10/2024, 30/10/2024, 30/10/2024 AND 30/10/2024 VIDE ANNX-B1, B2, B3, B4, B5, B6, B7 AND B8 RESPECTIVELY.
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
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HC-KAR NC: 2026:KHC:10152 WP No. 10682 of 2025
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.
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.
1 WA No.100193/2024 2 WP No.106898/2025 & Connected matters 3 (2021) 11 SCC 543
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HC-KAR NC: 2026:KHC:10152 WP No. 10682 of 2025
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 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.
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HC-KAR NC: 2026:KHC:10152 WP No. 10682 of 2025
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 rate.
9. Petition is disposed of accordingly.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
CHS List No.: 1 Sl No.: 50