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2026 DAILYLAW 390 (KAR)

RAMESH M V v. THE CHIEF TRAFFIC MANAGER

WP/23759/2023 · 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. 23759 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. 23759 OF 2023 (S-KSRTC) BETWEEN: 1. RAMESH M V, S/O VENKATEGOWDA, AGE 61 YEARS, R/AT NO 95, 2ND MAIN ROAD, BHCH, NORTH MAINROAD, BENGALURU - 560061 2. RAJANNA S.R S/O RANGASWAMAIAH AGED 61 YEARS, R/AT PLOT NO 307, 3RD PHASE A VINITH VISTH NO 05, NGF ROAD, NAGARABHAVI, BENGALURU - 560072. 3. NAGARAJAIAH G, S/O GANGANNA, AGE 61 YEARS, R/AT NAGARAJAIAH G, BMTC SONDIKOPPA, POST OFFICE ROAD, DASANPURA HOBLI, BENGALURU NORTH - 562130. 4. MADAPPA M, S/O MAHADEVAPPA, AGE 62 YEARS, R/ATN O 114, K R BADAWANE, 8TH CROSS ROAD, J P NAGAR, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10151 WP No. 23759 of 2023 6TH PHASE BENGALURU - 560078. 5. SRIDHAR V HEGDE, S/O VENAKTARAMANA, AGE 61 YEARS R/AT NO.29, 2ND CROSS ROAD, 2ND MAIN ROAD, BALAJI EXTENSION, VAJARAHALLI TALGHATTAPUR POST, KANAKAPUR ROAD, BENGALURU - 560019. 6. PARAMESHWAR B, S/O BOREGOWDA, AGE 64 YEARS, R/AT NO 147, F CROSS ROAD, 3RD BLOCK, NAGARABHAVI, 2ND PHASE BENGALURU - 560072. 7. VISHWANATH V, S/O VENAKTAGIRIAIAH, AGED 63 YEARS, NO 59/07, 1ST E MAIN ROAD, NAGARABHAVI 2ND PHASE , 2ND BLOCK BENGALURU - 560072. 8. MUNIHANUMAIAH S/O KADRAPPA, AGE 63 YEARS, R/AT NO 04, 1ST MAIN ROAD, 1ST CROSS D GROUP LAYOUT, SRIGANDHADACAVAL VEERANNA PALYA, BENGALURU - 560091. 9. NANJAIAH M N, S/O NAGAIAH, AGE 63 YEARS, R/AT NO 958, 2ND MAIN ROAD, VIJAYANANDA NAGAR, NANDINI LAYOUT, BENGALURU - 560096. 10. NAGARAJAIAH N, - 3 - HC-KAR NC: 2026:KHC:10151 WP No. 23759 of 2023 S/O NANJUNDAIAH G, AGE 64 YEARS R/AT NO 297, 4TH MAIN ROAD, 10TH CROSS ROAD, NAGARABHAVI , BENGALURU - 560072. 11. MALAPPA KAREPPA JADAR, S/O KAERPPA, AGE 62 YEARS, R/AT 51/20 (NEW NO.105), 2ND MAIN ROAD, MARENAHALLI, BENGALURU - 560040. 12. SIDDALINGEGOWDA, S/O SIDDAIAH, AGE 63 YEARS, R/AT NO 18/2, GANESH LAYOUT, HOSHALLI GOLLARAPALYA, BENGALURU - 560 091. 13. SADASHIVAIAH S, S/O PATEL BETTEGOWDA, AGE 64 YEARS, R/AT NO.61, MARAPPA LAYOUT, NEAR DARSHAN FARM HOSAKERE HALLI, BANASHANKARI 3RD STAGE, BENGALURU - 560085. 14. MUNISWAMY K S, S/O SANNA SANGAPPA, AGE 64 YERS, KARTEHALLI, KALLAMBELLA, TUMKUR TALUK AND DISTRICT - 572125. 15. PARASHIVALINGU K V, S/O K VEERANNA, AGE 64 YEARS, R/AT NO 67, 20TH MAIN, NARAYAN SCHOOL ROAD, NEAR LAGGERE BRIDGE, BENGALURU - 560058. - 4 - HC-KAR NC: 2026:KHC:10151 WP No. 23759 of 2023 16. ANJANAMURTHY, S/O VENKATAPPA, AGE 62 YEARS, R/A NO 62/1, 1 MAIN ROAD, CHURCH ROAD, 1ST CROSS, KAMALANAGAR, BENGALURU NORTH BENGALURU - 560079. BENEFIT OF SENIOR CITIZEN NOT CLAIMED FROM PETITIONERS 1 TO 16 …PETITIONERS (BY SRI L SHEKAR.,ADVOCATE) AND: 1. THE CHIEF TRAFFIC MANAGER, BMTC , CENTRAL OFFICES, K H ROAD, BENGALURU - 560027. 2. CHIEF ACCOUNTS OFFICER, BMTC., CENTRAL DIVISION / ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. 3. DIVISIONAL CONTROLLER, BMTC., NORTH DIVISION/ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. 4. DIVISIONAL CONTROLLER, BMTC., SOUTH DIVISION/ ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. 5. DIVISIONAL CONTROLLER, BMTC., SOUTH DIVISION/ ZONE, CENTRAL OFFICE, K H ROAD, BENGALURU - 560027. …RESPONDENTS (BY SMT RENUKA H R.,ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO PAY INTEREST AT THE RATE OF 12 PERCENT FOR DELAYED PAYMENT OF LEAVE ENCASHMENT BENEFITS TO THE PETITIONERS BY - 5 - HC-KAR NC: 2026:KHC:10151 WP No. 23759 of 2023 CONSIDERING THE REPRESENTATIONS DTD 3.06.2023, 7.06.2023, 08.06.2023, 21.06.2023, 23.06.2023, 10.07.2023, 11.07.2023, 12.07.2023 AND 20.07.2023 AS PER ANNX-B1 TO B 16 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 1 WA No.100193/2024 - 6 - HC-KAR NC: 2026:KHC:10151 WP No. 23759 of 2023 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. 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 2 WP No.106898/2025 & Connected matters 3 (2021) 11 SCC 543 - 7 - HC-KAR NC: 2026:KHC:10151 WP No. 23759 of 2023 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. 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 - 8 - HC-KAR NC: 2026:KHC:10151 WP No. 23759 of 2023 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.: 0