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2026 DAILYLAW 8687 (KAR)

VENKATARAMAN GOWDA H v. CHIEF TRAFFIC MANAGER (O)

WP/17424/2023 · 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. 17424 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. 17424 OF 2023 (S-KSRTC) BETWEEN: 1. VENKATARAMAN GOWDA H, S/O MUDLIGIRAIAH, AGED 63 YEARS, R/A NO 31, 2ND MAIN ROAD, NEAR BASAVESHWARA SCHOOL, SRINIVASNAGAR, SUKADHAKATTE, BENGALURU 560091. 2. RANGAPPA S, S/O SANNAGUDDIAH, AGE 64 YEARS, R/AT NO 2, PIPELINE ROAD, HEROHALLI CROSS, MAGADI ROAD, BENGALURU 560091. 3. CHANDRASHEKARAIAH, S/O MARIDEVARU, AGE 61 YEARS, R/A NO 964, 9TH BLOCK, 2ND BLOCK, NAGARABHAVI, BENGALURU 560072. 4. RACHOTTAPPA A REVADI, S/O AMARAPPA, AGE 62 YEARS, R/A NO 128, RAILWAY COLONY, RAMAKRISHNA NAGAR, NANDINI BADAVANE, BENGALURU 560096. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10151 WP No. 17424 of 2023 5. KRISHNAEGOWDA D L, S/O LAKKANNA GOWDA, AGE 61 YEARS, R/A NO 111, 4TH CROSS, ANAJANAGAR, MAGADI MAIN ROAD, VISHWANEEDAM, BENGALURU 560091. 6. SHIVASWAMY G V, S/O VENKATAPPA, AGE 61 YEARS, R/A NO 19, 2ND CROSS, SRIGANDHA KAVAL SOLLAPURADHAMMA BADAVANE, SUKADHAKKATE, BENGALURU 560091. 7. UMAPATHI R C, S/O CHANNAIAH, AGE 62 YEARS, R/A NO 9/B, 6TH CROSS, GANESH BLOCK, NANDINI BADAVANE, BENGALURU 560096. 8. VENKATARAMAN V NAIK, S/O VARMA NAIK, AGE 64 YEARS, R/A NO 16/8, 4TH MAIN ROAD, 5TH CROSS ROAD, LAKSHAMAPPA GARDAN, BANASHANKARI 3RD STAGE, BENGALURU 560085. 9. DEVARAJE URS D, S/O DEVARAJE URS B S, AGE 62 YEARS, R/A NO 3362, 4TH MAIN, 2ND CROSS, R C LAYOUT, VIJAYANGAR, BENGALURU 560040. - 3 - HC-KAR NC: 2026:KHC:10151 WP No. 17424 of 2023 10. VENKATESH, S/O SANNAIAH, AGE 62 YEARS, R/AT NO 116/A, 2ND GHOYAR, 4TH CROSS, B C C LAYOUT, ATTHIGUPPE, VIJAYANAGAR BENGALURU 560040. 11. SHIVANNA K, S/O KADAIAH, AGE 62 YEARS, R/A NO 538/89/1, PIPELINE ROAD, 2ND CROSS, ANJANAGAR, HEROHALLI, MAGADI MAIN ROAD, BENGALURU 560091. 12. SHIVANNA G M, S/O MUNNINANJAPPA, AGE 64 YEARS, R/A NO 19/20, DEVAGERE, KUMBALGODU POST, BENGALURU 560074. 13. KRISHNAMURTHY Y R, S/O REVANNA Y K, AGE 62 YEARS, R/A NO 466, RAGHAVENDRA LAYOUT, NEAR KAMADHENU KESHTRA KADABAGERE POST, DASANAPURA HOBLI, BENGALURU 562130. …PETITIONERS (BY SRI L SHEKAR.,ADVOCATE) AND: 1. CHIEF TRAFFIC MANAGER (O) BMTC, CENTRAL OFFICES, K H ROAD, BENGALURU - 560027. 2. CHIEF ACCOUNTS OFFICER AND FINANCIAL ADVISOR, BMTC, - 4 - HC-KAR NC: 2026:KHC:10151 WP No. 17424 of 2023 FINANCIAL ADVISOR CENTRAL OFFICES, K H ROAD, BENGALURU - 560027. 3. DIVISIONAL CONTROLLER BMTC, CENTRAL DIVISION/ZONE CENTRAL OFFICE, K H ROAD, BENGALURU 560027. 4. DIVISIONAL CONTROLLER BMTC, EAST DIVISION/ZONE CENTRAL OFFICE, K H ROAD, BENGALURU 560027. 5. DIVISIONAL CONTROLLER BMTC, WEST DIVISION/ZONE CENTRAL OFFICES, K H ROAD, BENGALURU 560027. 6. DIVISIONAL CONTROLLER BMTC, NORTH DIVISION/ZONE CENTRAL OFFICES, K H ROAD, BENGALURU 560027. 7. DIVISIONAL CONTROLLER BMTC, SOUTH DIVISION/ZONE CENTRAL OFFICES, K H ROAD, BENGALURU 560027. …RESPONDENTS (BY SMT RENUKA H R.,ADVOCATE FOR R1 TO R7) 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 12.5.2023, 4.5.2023, 6.5.2023, 2.5.2023, 6.5.2023, 4.5.2023 AND 9.5.2023 AS PER ANNX-B-1 TO B-13 RESPECTIVELY. - 5 - HC-KAR NC: 2026:KHC:10151 WP No. 17424 of 2023 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. 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 1 WA No.100193/2024 - 6 - HC-KAR NC: 2026:KHC:10151 WP No. 17424 of 2023 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 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 2 WP No.106898/2025 & Connected matters 3 (2021) 11 SCC 543 - 7 - HC-KAR NC: 2026:KHC:10151 WP No. 17424 of 2023 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 rate. 9. Petition is disposed of accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 0