Sri.A.Raghupathi Bhat vs The Director
2022 Latest Caselaw 13150 Kant

                             1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18TH DAY OF NOVEMBER 2022

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                          AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

          WRIT APPEAL NO.1364/2021 (S-R)

BETWEEN:

SRI A. RAGHUPATHI BHAT
AGED ABOUT 77 YEARS
S/O LATE VASUDEVA BHAT
RETIRED PRINCIPAL
R/AT MOODU ALEVOOR VILLAGE
ALEVOOR POST, VIA UDYAVARA
UDUPI TALUK AND
DISTRICT - 574 118.                       ...APPELLANT

(BY SRI PRASANNA V.R, ADV)

AND:

1.     THE DIRECTOR
       PRE-UNIVERSITY EDUCATION
       BOARD, PALACE ROAD
       BANGALORE - 560 001.

2.     THE DEPUTY DIRECTOR
       PRE-UNIVERSITY EDUCATION
       BOARD, UDUPI DISTRICT - 576 101.

3.     THE ACCOUNTANT GENERAL
       KARNATAKA STATE PENSION
       SECTION (AIDED INSTITUTION)
       PALACE ROAD
       BENGALURU - 560 001.

4.     THE CORRESPONDENT
       SVT EDUCATIONAL INSITUTIONS
                             2
      KARKALA TALUK
      KARKALA, UDUPI
      DISTRICT - 574 104.                 ...RESPONDENTS

(BY SRI B. RAJENDRA PRASAD, HCGP)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE JUDGMENT DATED 08.01.2021 RECTIFIED ON 02.07.2021
IN W.P. NO. 24755/2019 (S-R) AND AWARD HIGHER RATE
AND COMPOUND INTEREST AS PRAYED IN THE WRIT
PETITION, BY ALLOWING THIS WRIT APPEAL.

      THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                    JUDGMENT

This intra court appeal is filed against the order

dated 08.01.2021 passed by the learned Single Judge by

which the writ petition preferred by the appellant has

been allowed in part and the respondent has been

directed to pay interest at 8% per annum with effect

from 01.01.2003 to 25.09.2017 on pension and other

terminal benefits paid to the appellant on 25.09.2017

with cost of Rs.25,000/-.

2. The dispute in this intra court appeal only

pertains to the rate of interest. From the circular issued

by the Government of Karnataka dated 13.09.1994, we

find that the appellant is entitled for payment of interest

at the rate of 12% on pension and other terminal dues,

in case there is delay in payment of the same. Therefore,

the order passed by the learned Single Judge is modified

and it is directed that the interest on the amount payable

to the appellant on pension and other terminal benefits

on 25.09.2017, shall be paid at the rate of 12% per

annum from 01.01.2003 till 25.09.2017. To the aforesaid

extent, order passed by the learned Single Judge is

modified.

Accordingly, the appeal is disposed of.

SD/-

JUDGE

SD/-

JUDGE

NMS