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2026 DAILYLAW 14810 (KAR)

MALIGAIAH v. THE CHIEF TRAFFIC MANAGER

WP/6920/2026 · 2026-03-18

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 6920 OF 2026 (S-KSRTC) BETWEEN: 1. MALIGAIAH S/O MALLAIAH AGE 65 YEARS R/AT BANAVE VILLAGE, KAVERIPURA POST, TALAKADU HOBLI, T.NARASIMPURA TALUK, MYSORE DISTRICT-571 122 2. PRAKASH L.G S/O GUNDAIAH, AGE 62 YEARS R/AT NO.2464/5, 1ST MAIN ROAD, VYDESHWARA BADAVANE, OLAKOTE ROAD, PIRIYAPATNA MYSORE DISTRICT-571 107 3. LAKSHMINARAYANA GOWDA B.S. S/O B.H.RAMAIAH AGE 63 YEARS R/AT NO.21, 6TH CROSS ROAD. CM LAYOUT, KYTHASANDRA, TUMKUR-572 104. 4. DEVARAJAIAH S/O VENKATAPPA AGE 63 YEARS R/AT NO.110/1, MILK DAIRY ROAD, DOMBARAHALLI BENGALURU - 562 123 Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 5. CHANDRASHEKAR, S/O ANANTHARAO. AGE 65 YEARS R/AT NO.108, 2B2, 7TH CROSS, 1ST MAIN, NEAR SHIRKE, RAJIV LAYOUT, ULLALU UPANAGAR, BENGALURU - 560 056. 6. HONNAGANGAIAH. S/O NARASAPPA AGE 63 YEARS NO.107, 'SWARNAMBA NILAYA, VALMIKINAGAR, SAI RAM LAYOUT NELAMANGALA BANGALORE RURAL DISTRICT-562 123 7. NABI SAHEB AMEEN SAHEB NADAF S/O AMIN SAHEB AGE 65 YEARS R/AT NO.325, 10TH MAIN ROAD, BHUVANESHWARINAGARA, JNANABARATI, BENGALURU 560 056 8. MANJUNATHA.V. S/O VENKATAPPA AGE 65 YEARS R/AT NO.1078, 'ASHIRVADA NILAYA' ARASINAKUNTE POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123 9. THULASIDHARAN UNNITHAN S/O RAGHAVAN UNNITHAN AGE 64 YEARS R/AT NO.16/1, DECCAN BUILDING, 2ND MAIN ROAD, 1ST CROSS, VIDYNAGARA, T. DASARAHALLI, - 3 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 BENGALURU-560 057. 10. HALU RANGAPPA S/O RANGAIAH AGE 63 YEARS R/AT NO.53, GANESH TEMPLE ROAD, SHIVANAPURA, BENGALURU-562 123 11. CHANNAPPA.K S/O KADAIAH AGE 64 YEARS R/AT KICHAWADI VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 123. 12. CHANDRAN.P.A. S/O PALANETRA AYYAPPA AGE 65 YEARS R/AT NO.66/393, PIPELINE ROAD, ANJANANAGARA, NEAR VIDYASHREE SCHOOL, BENGALURU-560 091 13. AJAZ AHAMED.R. S/O RAHIM AGE 62 YEARS R/A NO.1300, 2ND MAIN ROAD, WARD NO.15, BEHIND SUJATA TENT, NRUPATHUNGA ROAD, T. DASARAHALLI, BANGALORE NORTH-560 057 14. GIRIDARA. S/O V.MUNISWAMY AGE 62 YEARS R/A NO.17, 1ST MAIN ROAD, BALAJI LAYOUT, BENGALURU 560 027 - 4 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 15. NAGARAJU S/O SHIVALINGEGOWDA AGE 62 YEARS R/A NO.106, 4TH CROSS, T.C.LAYOUT, ITAMADU BENGALURU-560 085 16. NANJAIAH. P.B. S/O BETTAIAH.T.S AGE 62 YEARS R/A NO.38/171, NEAR GANESHA FARM, ANJANAPURA, BENGALURU 560 051. 17. SURESH.B.HARIBAL. S/O BHEEMASHENA RAO AGE 63 YEARS R/A NO.158, 'SARALA SADANA’, 10TH MAIN ROAD, 1ST BLOCK, SRINAGARA, BENGALURU 560 050 18. NATARAJU.Y.N. S/O NARASIMHAIAH AGE 62 YEARS R/A NO.2/6, ST. JOHN ROAD, NEAR THOMAS BAKERY, KVMEG AND CENTER BENGALURU NORTH - 560 042 19. RAMANNA.C. S/O CHIKKANNA AGE 63 YEARS R/A NO.1592, 'SAMRUDDI NILAYA' 12TH 'B' CROSS ROAD, KALYANANAGARA T. DASARAHALLI BENGALURU 560 057 20. RANGANATHA H. - 5 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 S/O HALAPPA AGE 63 YEARS R/A NO.28, 4TH CROSS ROAD BABANNA LAYOUT, MALLASANDRA, DASARAHALLI POST BENGALURU 560 057 21. NARAYANA.M S/O MUNISWAMAPPA AGE 67 YEARS R/A NO.5, 6TH 'A' MAIN ROAD, SREEKANTESHWARANAGARA, NANDINI LAYOUT, BENGALURU 560 096 BENIFIT OF SENIOR CITIZEN NOT CLAIMED PETITIONER 1 TO 21 …PETITIONERS (BY SRI. SHEKAR L., ADVOCATE) AND: 1. THE CHIEF TRAFFIC MANAGER BMTC CENTRAL OFFICE, K.H. ROAD, BENGALURU-560 027 2. CHIEF SECURITY AND VIGILANCE OFFICER BMTC CENTRAL OFFICE, K.H. ROAD, BENGALURU-560 027 3. CHIEF ACCOUNTS OFFICER BMTC, CENTRAL OFFICE, K.H. ROAD, BENGALURU-560 027 4. DIVISIONAL CONTROLLER BMTC, NORTH DIVISION / ZONE, CENTRAL OFFICE, K.H. ROAD, - 6 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 BENGALURU-560 027 5. DIVISIONAL CONTROLLER BMTC, SOUTH DIVISION / ZONE, CENTRAL OFFICE, K.H. ROAD, BENGALURU-560 027 6. DIVISIONAL CONTROLLER BMTC, CENTRAL DIVISION / ZONE, CENTRAL OFFICE, K.H. ROAD, BENGALURU-560 027 7. DIVISIONAL CONTROLLER BMTC, WEST DIVISION / ZONE, CENTRAL OFFICE, K.H. ROAD, BENGALURU-560 027 …RESPONDENTS (BY SRI. B.L.SANJJEV, 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 DATED 26.10.2023, 21.08.2023, 05.05.2022, 06.01.2023, 14.06.2023, 06.01.2023, 26.10.2023, 26.10.2023, 21.08.2023, 21.08.2023, 27.07.2023, 26.07.2023, 09.08.2023, 09.08.2023, 08.06.2023, 08.06.2023, 03.06.2023, 29.08.2023, 09.06.2022, 22.12.2023 AND 06.01.2023 AS PER ANNEXURE B-1 TO B-21 RESPECTIVELY, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 7 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 ORAL ORDER Learned counsel for the petitioners would submit that the issue raised in the present petition is covered in terms of the order passed in the W.P.No.17424/2023 disposed of on 18.02.2026. 2. Learned counsel for the respondents submits that no appeal is filed against the order dated 18.02.2026 in W.P.No.17424/2023. 3. It is noticed that the petitioners are claiming 12% interest on the delayed payment of leave encashment benefits to the petitioners, who have already attained the age of superannuation. It is submitted that the leave encashment benefits are paid. However, there was delay in making the payment and in this behalf, the petitioners have submitted several representations to which there is no response by the respondent-Corporation to the demand made to pay the interest. 4. Learned counsel for the respondents would submit that there was no intentional delay on the part of the - 8 - HC-KAR NC: 2026:KHC:15989 WP No. 6920 of 2026 respondent-Corporation in making the payment, as such, the respondents are not liable to pay the interest. 5. This Court has considered the contentions raised at the Bar and perused the records. 6. Considering the judgment of the Hon’ble Apex Court in the case of State of Andhra Pradesh vs. Dinavahi Lakshmi Kameswari1, the Court has held that the corporation is liable to pay 6% interest on the delayed payment. It is noticed that the employer is liable to pay the gratuity amount within one month after the date of retirement. Applying the same analogy, the respondents shall pay 6% interest on the delayed payment. 7. In case the amount is not paid within 12 weeks from today, the petitioners are entitled to claim 9% interest instead of 6% interest as ordered upon. 8. Accordingly, the Writ Petition is disposed off. Sd/- (ANANT RAMANATH HEGDE) JUDGE SSB 1 (2021) 11 SCC 543