- 1 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 601 OF 2020 (S-RES) BETWEEN: 1. BABU J AMBI AGED ABOUT 66 YEARS S/O JATTI G AMBBIGA H NO.1434, SRI LAKSHMI NIVASA NEAR HIGH CHURCH ROAD KARWAR-581301 NORTH CANARA DISTRICT 2. Y T SHESHAGIRI AGED ABOUT 60 YEARS, S/ O LATE THIMMAIAH Y P GALIBEEDU VILLAGE AND POST MADIKERI -571201 KODAGU DISTRICT 3. MADAVA T K AGED ABOUT 64 YEARS, S/O LATE T KANNAN HAKATHUR VILLAGE AND POST, MADIKERI-571252 KODAGU DIST 4. K B KARIAPPA AGED ABOUT 74 YEARS, S/O K S BHEEHAMAIH NO.370/ HARANAGI ROAD, GOPAL CIRCLE GUMMANAKOLLY Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 KUSHALNAGAR KODAGU DIST. 5. SMT M N PREMA AGED ABOUT 65 YEARS, W/O LATE M K NANAIAH NO.561/4 H NO.16 4TH BLOCK, K H B COLONY HOUSING BOARD KUSHAL NAGAR-571234 6. SMT KOMALA AGED ABOUT 58 YEARS, W/O LATE LAKSHMINARAYANA NO.50, 6TH CROSS, BEHIND MOHAN THEATRE, GAJANANA NAGAR, HEGGANAHALLI CROSS, BANGALORE-560091 7. MOHAN KODIKAL AGED ABOUT 64 YEARS S/O VAMAN KOTIAN YAMUNA BHASKAR COLONY HOSABETTUR, SHIVAGIRINAGAR ROAD MANGALORE 8. RAMA A SALIAN AGED ABOUT 77 YEARS, S/O AITHA THANDEL POST KULAI HOSABETTU MANGALORE-575019, D K 9. GOPALAKRISHNA E AGED ABOUT 62 YEARS, S/O DEVAYYA NO.22-12-1586 ROOPAMAHAL A J ALVAS COMPOUND MANGALADEVI MARIGUDI ROAD - 3 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 BOLAR MANGALORE-575019 10. C K MOHAN ACHAR AGED ABOUT 73 YEARS, S/O SUBRAMNAYAM ACHAR NO.17-11-848 TRINITY B V ROAD, ATTAVAR NEW ROAD KANAKANADI POST, MANGALORE-575002 11. V VICTOR M AGED ABOUT 60 YEARS, S/O KASHIRAJAN NO.17-11-848 TRINITY B V ROAD ATTAVARA NEW ROAD KANAKANADI POST MANGALORE-575002 12. SMT VEENA T PANGAL AGED ABOUT 51 YEARS, W/O THOYAJAKSHA PANGAL GANGA NILAYA, POST KULAI, HOSABETTU MANGLAORE-575019, D K 13. PUSHPA V SALIAN AGED ABOUT 52 YEARS, W/O C VASUDEV SHREE KRUPA POST KULI HOSABETTU MANGALORE-575019, D K 14. C VASUDEVA AGED ABOUT 53 YEARS, S/O CHALLAPPA NAIR SHREE KRUPA - 4 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 KULAI HOSABETTU MANGALORE-575019, D K 15. G CHENIAPPA AGED ABOUT 69 YEARS, S/O BATTIYA NAIK SHIVA KRUPA NO.129, KINNIGUDDE HOUSE MANGALORE -575030, D K 16. SMT GULABI V AGED ABOUT 63 YEARS, W/O HARISH K NEAR OLD ICE PLANT CHOTA MANGALORE ULLALA MANGALORE-575020 17. SMT MOHINI AGED ABOUT 45 YEARS, W/O JAYACHANDR AP LAKSIYAMMA COMPOUD NO.21-5-631 NEARI MARIGUDI TEMPLE, BOLAR MANGALORE-575001 18. SINTIYA AGED ABOUT 48 YEARS, W/O FILIX NAJARATH BLOCK NO.5 SITE NO. 93 POST KATTIPALLA MANGALORE-575030, D K. 19. VASANTHA T SHRIYAN S/O THAMAIAH DEVADIGA, AGED ABOUT 77 YEARS KAYAR BETTU, SHRINIVASNAGAR POST, MUNEHEER, SURATHKAL MANGALORE 575025 - 5 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 20. LAXMAN SUVERNA AGED ABOUT 61 YEARS S/O ISHWARA POOJARI, NEAR MASTER ICE PLANT POST KULAI, MANGALORE 575019 21. SMT. DAMAYANTHI AGED ABOUT 48 YEARS, W/O YOGESH KOLIAN, KRISHNANAGAR, CHURCH ROAD, THOKOTTA, MANGALORE 575020 22. SUJATHA AGED ABOUT 49 YEARS, W/O SHANKARA M , SANVESHARI KRUPA, 5TH BLOCK, KATIPALLA, KRISHNAPUR POST, SURATHKAL, MANGALORE 575030 23. VASANTHI M SUVARNA AGED ABOUT 63 YEARS, W/O LATE MOHANDAS D SUVARNA, 1-105, HOSAMANE, 10TH THOKUR, HALEYANGADI POST, MANGALORE 574 146 24. SHIVANADA A S/O ASHVATHAPPA, 16, 1ST FLOOR, SREECHANDRALA, 5TH CROSS, NAVYANAGAR, NEAR BHARATHI SEVA ASHRAMA, BANGALORE 560064 25. V GANGAIAH AGED ABOUT 63 YEARS, S/O LATE VRADAIAH, DODDA NIALYA, NO.7, 3RD CROSS, - 6 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 SHRINIVASANAGAR MAIN ROAD, PANTAARPALYA, BANGALORE 560072 26. HUCHAIAH AGED ABOUT 62 YEARS, S/O HUCHAIAH, NO.154, 4TH CROSS, INDIRANAGAR, W.C.ROAD, BANGALORE-560010 27. M NARAYANA SWAMY AGED ABOUT 63 YEARS, S/O LATE G MUNISWAMY, FLAT NO F12, ELITE HOMES BLOCK B, AMRUTHAHALLI, NEAR PADMA THEATER, BANGALORE URBAN-560092 28. J P RAMESH AGED ABOUT 57 YEARS S/O.LATE J.B. PUTTA NAJAPPA, NO.37/6, 8TH CROSS, AZAD NAGAR, CHAMARAJPET, BANGALORE 560018 29. C M CHOWDAPPA AGED ABOUT 57 YEARS, S/O LATE MUNISWAMAPPA, NO.50, 9TH MAIN ROAD, CHOWDAPPA LAYOUT, HOSKERAHALLI, B S K 3RD STAGE, BANGALORE-560085 30. SYED IFTHEKAR AHEMED AGED ABOUT 63 YEARS, S/O SYED ZIAULLA, NO. G 6 PACIFIC RESIDENCY, OP NP FACTORY ROAD, MUNISHAVARA LAYOUT, - 7 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 R T NAGAR POST, BANGALORE-560032 31. E CHANDRAVATHI W/O JAGADISH PRASAD AGED ABOUT 70 YEARS NO.14, 2ND MAIN 2ND STAGE DOMLUR BANGALORE-560 071 32. NARAYANA POOJARI AGED ABOUT 67 YEARS S/O LATE SHESHAPPA POOJARI NO.403, 4TH FLOOR NPR APARTMENTS RK LAYOUT KADIRENAHALLI BANGALORE-560 070 33. CHANDRA AGED ABOUT 47 YEARS S/O VENKATAPPA NO.5, 2ND CROSS PRAVRUTHINAGAR NEAR CIIIR MAGADI MAIN ROAD VISWANEEDOM POST BANGALORE-560 091 34. K VENKATESH AGED ABOUT 54 YEARS S/O LATE KADIRAVELU NO.249, 22ND CROSS OLD BAGALUR LAYOUT BANGALORE-560 084 35. K B BORAIAH AGED ABOUT 61 YEARS S/O LATE BORAIAH C/O JAGANATH - 8 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 NO.146, 5TH MAIN 1ST CROSS NEW EXTENSION BYATRAYANPURA MYOSRE ROAD BANGALORE-560 026 36. SMT CHANDRAKALA AGED ABOUT 50 YEARS W/O LATE VASANTHA KUMAR 1ST CROSS BEEDANAHALLI VILLAGE BANNUR HOBLI NARSIPURA TALUK HANUMANALU-571 101 MYSORE DIST. 37. V M RAJU AGED ABOUT 63 YEARS S/O LATE V L MARIYAPPA VIJAYASHREE NILAYA 4TH CROSS, 3RD MAIN ROAD 1ST BLOCK KUVEMPU NAGAR TUMKUR-572 103 38. D DEVARAJ AGED ABOUT 63 YEARS, S/O LATE S P DEVARAJ, NO.1130, KALPAVRUKSHA NAGAR, 3RD STAGE, MYSORE-570007. 39. VENKA C KHARVI AGED ABOUT 69 YEARS, S/O CHARA B KHRVI, K.P.T.C.L. ROAD, KARWAR-581301. - 9 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 40. NAMADEV D MAHALSEKAR AGED ABOUT 65 YEARS, S/O DAMODAR MAHALSEKAR, MALASWADA BINAGA, KARWAR-581301. 42. RATNAKAR N GOWDA AGED ABOUT 52 YEARS, S/O NAGAPPA K GOWDA, GOWDAWADA BAITHKOL, KARWAR-581301. 42. RAMESH M BINAGE AGED ABOUT 68 YEARS, S/O MADHU BINAGE, GINDDIWADA BITHKOL, KARWAR-581301. 43. PANDU D TANDEL AGED ABOUT 70 YEARS, S/O DODDATAMME TANDEL, SEABIRD COLONY, CHITTAKULA, SADASHIVGAD, KARWAR-581301. 44. MOHAN D GUNAGI AGED ABOUT 58 YEARS, S/O DINGA GUNAGI, DIVAKAR GARAGE ROAD, HABBUVADA, KARWAR-581301. 45. PREAMANAD H JOSHI AGED ABOUT 66 YEARS, S/O HARY JOSHI, GOWDAWADA BAITHKOL, KARWAR-581301. 46. MOHANDAS R SALASKAR AGED ABOUT 64 YEARS, - 10 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 S/O RAM SALASKAR, JAIWADA BAITHKOL, KARWAR-581301. 47. SHASHIKALA G GOWAD AGED ABOUT 49 YEARS, D/O GIRIYA GOWDA, SAKARBANE, AVERSA, ANKOLA-581314. 48. KALYANI B TODULKAR AGED ABOUT 60 YEARS, D/O BODU TODULKAR, MADIBAG BATIWADA, GINDI DEVASTAN, KARWAR-581301. 49. MANGALA S GOWDA AGED ABOUT 49 YEARS, D/O DOMA GOWAD, GOWDAWADA BAITHKOL, KARWAR-581301. 50. RAMALA N GOWDA AGED ABOUT 50 YEARS, D/O NARAYANA GOWDA, MADANKERI GOKARNA, KUMTA-581362. 51. SUREKHA H JOSHI AGED ABOUT 60 YEARS D/O HARY JOSHI GOWDAVADA BAITHKOL KARWAR-581 302 52. ANITA G NADAR AGED ABOUT 50 YEARS, D/O GNAYANMANI NO.9/134 SOUTH STREET VIA ITTASMOZAI, SAUI SESHPURAM (P) - 11 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 TIRUNELVELLI DIST TAMILNADU-627 652 53. SMT K JALAJA BHAI AGED ABOUT 69 YEARS, D/O LATE MANJI SRI SANNIDHANA OPP SHETTY ICE PLANT BHATRAHADI ROAD, NH 66 KUNDAPUR-576 201 UDUPI DIST 54. SMT JALAJA AGED ABOUT 65 YEARS, W/O LATE RATHNAKAR POOJARY HUNSHIATTALLU, GANGOLLI KUNDAPURA -576 261 UDUPI DIST 55. SMT GIRIJA AGED ABOUT 55 YEARS, D/O SOORA POOJARY BAILUR RAMARAYA COMPOUND BUNDER ROAD, GANGOLLI KUNDAPUR -576 216 UDUPI DIST 56. SMT RADHA AGED ABOUT 61 YEARS, W/O JAYA POOJARTHYA NEAR K F D C QURTERS BUNDAR ROAD, GANGOLLI KUNDAPUR-576 216 UDUPI DIST 57. SMT SHARADA AGED ABOUT 56 YEARS, W/O LATE MANJUNATHA SITHU NILAYA DADDAHTTHLU BUNDAR GANGOLLI UDUPI DIST-576 216 - 12 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 58. SMT. JUDITH D SOUZA AGED ABOUT 64 YEARS W/O HENRY RODRIGUES SHACOM HOUSE 35813 MATA PADY ROAD, CHANTHAR BRAHMAVAR 576 213 UDUPI DIST. 59. RAMACHANDRA AGED ABOUT 55 YEARS S/O MANJA POOJARY 9/74/4, DODDAHITHALUMANE, HATTIKODRU KUNDAPUR T Q., GANGOLLI 576216 60. PRAKASH AGED ABOUT 53 YEARS S/O NARASHIMA SHERUGAR 13-300, SANTHAN KERI GANGOLLI, KUNDAPUR TQ., UDUPI DIST 576 216 61. ANNAYYA SERUGUR AGED ABOUT 62 YEARS S/O LATE SRINIVAS SERUGAR BATWADIMANE, BENGERE GUJJADI POST UDUPI DIST 576 247 62. G KRISHNA AGED ABOUT 76 YEARS S/O LATE MANJA POOJARI 3/430, SAHANA NILAYA NEAR RAAMA MANDIR NAYAKAVADI, GUJJADI KUNDAPUR TQ UDUPI DIST 576 247 …PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE) - 13 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 AND: 1. KARNATAKA FISHERIES DEVELOPMENT CORPORATION LTD (A GOVERNMENT OF KARNATAKA UNDERTAKING) REGD. OFFICE AT HOIGE BAZAAR MANGLAORE 575 001 REP. BY ITS MANAGING DIRECTOR 2. STATE OF KARATAKA DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560001. REP. BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R2 (MA NOT FILED) SRI. O. SHIVARAMA BHAT, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS FROM R-1. DIRECT THE RESPONDENTS TO PAY THE INTEREST ON THE DELAYED PAYMENT OF ARREARS OF DEARNESS ALLOWANCE AT 8 PERCENT PER ANNUM FROM 01.05.1999 TILL THE DATE OF PAYMENT TO THE PETITIONERS FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 14 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this writ petition seeking the following reliefs: (a) Issue a writ in the nature of mandamus directing the respondents to pay the interest on the delayed payment of arrears of Dearness Allowance @ 8% per annum from 01.05.1999 till the date of payment to the petitioners forthwith and; (b) Grant such other relief/s as deems fit in the facts and circumstances of the case including the payment of the costs, in the interest of justice and equity. 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioners are the employees who have worked in different cadres in different places and retired from service on attaining the age of superannuation and also on opting for voluntary retirement from service during the - 15 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 period from 2013 to 2018 from respondent No.1- Corporation, which is a public sector undertaking of Government of Karnataka. Respondent No.1 are being paid the salaries and other financial benefits (including TA/DA and other benefits) on par with the State Government employees as and when the same has been revised from time to time from the date on which it is extended to the government employees. The petitioners being the employees of respondent No.1-Corporation are entitled for all the benefits, which the employees of the State Government or Civil Servants are entitled to. The said increase in dearness allowance is applicable not only to the Civil Servants in the State of Karnataka but also to the employees of all Corporations/Boards/Undertakings of the State Government from the said date. The State Government issued the government order increasing the dearness allowance with effect from 01.05.1999. Respondent No.1 did not extend the said benefits immediately to its employees on the sole ground that the - 16 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 Corporation was suffering from financial loss and the Board of Management has decided to extend the same and pay the arrears as and when the Corporation start earning profit. Respondent No.1-Corporation has started earning profit from the year 2005 onwards. Thereafter, it has extended the dearness allowance on par with the State Government employees from the year 2007 onwards and not paid the arrears of dearness allowance from 01.05.1999. However, respondent No.1-Corporation has paid the arrears of dearness allowance from the year 1999 to 2001 in three installments i.e., first installment in the year 2011, second installment in the year 2012 and third installment in the year 2013. It is contended that Mr.D.Ekanath, who was working as Manager in respondent No.1-Corporation and retired on 31.07.2010 on attaining the age of superannuation approached this Court seeking direction against the respondent for payment of Rs.2,93,603/- being the arrears of dearness allowance for the period between 01.05.1999 to 31.03.2007 with - 17 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 interest @ 8% p.a. as the said arrears was not paid to him even after his retirement though he was legally entitled for the same. In the said W.P.No.2909/2013, filed by Mr.D.Ekanath, this Court, vide order dated 07.02.2018, allowed the writ petition and directed respondent No.1 to pay the arrears of dearness allowance along with 8% p.a. from 01.05.1999 till the date of final payment The Corporation preferred an appeal in W.A.No.912/2018. The said writ appeal came to be dismissed by the Division Bench vide order dated 21.06.2018 with cost of Rs.5,000/- holding that the dearness allowance is not a bounty and it is the amount earned by the employee and if there is a delay in making the said payment the same shall carry an interest @ 8% per annum in terms of the policy decision taking by the Corporation itself. The petitioners approached the respondent and the respondent is refused to pay the interest at the delayed in respect of payment of arrears of dearness allowance from 01.05.1999, till the date of payment. Hence, this writ petition. - 18 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 3. Respondent No.1 filed a statement of objections admitting the averments made in the writ petition and contended that respondent No.1-Corporation is running under financial loss and they are not in a position to pay the interest as claimed by the petitioner. Hence, on these grounds, prays to dismiss the writ petition. 4. Heard the arguments of the learned counsel for the petitioner, learned counsel for respondent No.1, and learned Government Advocate. 5. Learned counsel for the petitioner submits that the similar placed petitioners filed the writ petition in W.P.No.2909/2013. The said writ petition came to be allowed vide order dated 07.02.2018, wherein the Court has directed respondent No.1-Corporation to pay the amount with interest at the rate of 8% p.a. from 01.05.1999 till the date of repayment and the respondent, aggrieved by the order passed in the writ petition, preferred writ appeal in W.A.No.912/2018. The said writ - 19 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 appeal came to be dismissed vide judgment dated 21.06.2018. Respondent No.1 filed a review petition in R.P.No.243/2018. The said review petition was withdrawn by the respondent vide order dated 19.07.2019. The petitioner is also entitled for interest on the delayed payment of dearness allowance in terms of the order passed in W.P.No.2909/2013. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for respondent No.1 submits that respondent No.1-Corporation is running under the loss and is not in a position to pay the interest as claimed by the petitioner. Hence, on these grounds, he prays to dismiss the writ petition. 7. Learned Government Advocate adopted the arguments of learned counsel for respondent No.1. 8. Perused the records and considered the submissions of the learned counsel for the parties. - 20 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 9. It is an undisputed fact that the petitioners were working in the respondent-Corporation and retired from service on attaining the age of superannuation. The Government issued a notification increasing DA vide Government Notification dated 01.05.1999. The respondents adopted the said notification, but did not pay the dearness allowance on account that respondent No.1- Corporation was running under a loss. The petitioners are entitled for DA from the date of notification i.e., 01.05.1999 till the payment. Respondent No.1 had paid the DA, but there was a delay of more than 8 years in disbursing the said amount. The petitioner has submitted a representation to pay the interest for the delayed payment. Admittedly, there is a delay of 8 years in disbursing the DA. 10. The Hon’ble Apex Court in the case of DR. UMA AGARWAL VS. STATE OF U.P. AND ANOTHER reported in (1999) 3 SCC 438 has observed that the delay in - 21 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 settlement of retirement benefit is frustrating and must be avoided at all cost. Relevant paragraph reads as follows: “5. We have referred in sufficient detail to the Rules and instructions which prescribe the time- schedule for the various steps to be taken in regard to the payment of pension and other retrial benefits. This we have done to remind the various 100 governmental departments of their duties in initiating various steps at least two years in advance of the date of retirement. If the Rules/instructions are followed strictly, much of the litigation can be avoided and retired government servants will not feel harassed because after all, grant of pension: is not a bounty but servant. a right of the government servant. The Government is obliged to follow the Rules mentioned in the earlier part of this order in letter and in spirit. Delay in settlement of retrial benefits is frustrating and must be avoided at all costs. Such delays are occurring even in regard to family pensions for which too there is a prescribed procedure. This is indeed unfortunate. In cases where a retired government servant claims interest for delayed payment, the Court can certainly keep in mind the time schedule prescribed in the Rules/instructions apart from other relevant factors applicable to each case.” 11. Yet another decision in the case of VIJAY L.MEHROTRA VS. STATE OF U.P. AND OTHERS reported in (2001) 9 SCC 687 at paragraph No.3, the Hon’ble Apex Court held as under: - 22 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 “3. In case of an employee retiring after having rendered service, it is expected that all the payment of the retrial benefits should be paid on the date of retirement or soon thereafter if for some unforeseen circumstances the payments could not be made on the date of retirement.” 12. The Hon’ble Apex Court in the case of S.K.DUA VS. STATE OF HARIYAN AND ANOTHER reported in (2008) 3 SCC 44 has held at paragraph No.11 as under: “11. In the circumstances, prima facie, we are of the view that the grievance voiced by the appellant appears to be well founded that he would be entitled to interest on such benefits. If there are statutory rules occupying the field, the appellant could claim payment of interest relying on such rules. If there are administrative instructions, guidelines or norms prescribed for the purpose, the appellant may claim benefit of interest on that basis. But even in absence of statutory rules, administrative instructions or guidelines, an employee can claim interest under Part III of the Constitution relying on Articles 14, 19 and 21 of the Constitution. The submission of the learned counsel for the appellant, that retrial benefits are not in the nature of "bounty" is, in our opinion, well founded and needs no authority in support thereof. In that view of the matter, in our considered opinion, the High Court h was not right in dismissing the petition in limine even without issuing notice to the respondents.” - 23 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 13. The parties in W.P.No.200076/2022 referred to the aforesaid judgment to the Hon’ble Apex Court and dismissed the appeal filed by the State. Further, in similarly placed petitioners had approached this Court in W.P.No.2909/2013 and this court dispose of the writ petition vide order dated 07.02.2018 and this Court awarded the interest @ 8% p.a. The respondent, aggrieved by the said order passed in the writ petition preferred writ appeal in W.A.No.912/2018. The said writ appeal came to be dismissed vide judgment dated 21.06.2018. Respondent No.1 again filed the review petition in R.P.No.243/2018. Respondent No.1 has withdrawn the said review petition vide order dated 19.07.2019. 14. Considering the mandate laid down by the Hon’ble Apex Court in the cases referred supra, this Court is of the considered opinion that respondent No.1 has failed to perform his legal duty. - 24 - HC-KAR CNR: KAHC010490212019 NC: 2026:KHC:36541 WP No. 601 of 2020 15. In view of the above discussion, I proceed to pass the following: ORDER i. The Writ Petition is allowed. ii. The respondents are directed to pay the interest @ 8% p.a. from 01.05.1999 till the date of payment of DA within a period of two months from the date of receipt of the copy of this order. iii. Pending application/s, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB