Karnataka High Court
Sri Basanagouda S/O Shivanagouda ... vs The Management Of Nwkrtc, Dharwad Rural ... on 24 July, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
W.P.NO. 101625/2024(S-KSRTC)
C/W
W.P.NOS. 101674/2024, 101742/2024 ,
101744/2024, 101745/2024, 101746/2024,
101977/2024, 101979/2024, 101982/2024,
101984/2024, 101986/2024 , 101987/2024,
103125/2024, 103130/2024, 103132/2024,
103161/2024, 103165/2024, 103166/2024,
103169/2024, 103170/2024, 103171/2024,
103576/2024 AND 103681/2024
IN W.P.NO.101625/2024:
BETWEEN:
SRI RAMESH S/O. YALLAPPA KEMBHAVI,
AGE: 58 YEAR,
OCC: RETIRED JUNIOR ENGINEER,
R/O: H.NO.F-2, CHANDAN PRIDE APARTMENT,
NEA TAVARAGERE NURSING HOME,
DHARWAD, TQ: DIST: DHARWAD - 580 008.
... PETITIONER
Digitally (BY SRI RAVI HEGDE, ADVOCATE)
signed by V N
BADIGER
Location: High
Court of AND:
Karnataka
THE MANAGEMENT OF NWKRTC,
DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
OLD BUS STAND DHARWAD - 580 001.
... RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
IN W.P.NO.101674/2024:
BETWEEN:
SRI RAJERAO S/O. RAMACHANDRAO NIMBALKAR,
AGE: 64 YEARS, OCC: RETIRED CONDUCTOR,
R/O: SAI BUILDING, AKKASALIGAR ONI,
OLD HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD - 580 024.
... PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
HUBBALI DHARWAD CITY DIVISION
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
5TH FLOOR, C.B.T. HUBBALLI - 580 031,
DIST: DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101742/2024:
BETWEEN:
SRI CHANDRAPPA S/O. GANGAPPA ASTAGI,
AGE: 64 YEARS, OCC: RETIRED DRIVER,
R/O: UPPIN BETAGERI, POST: UPPIN BETAGERI,
TQ AND DIST: DHARWAD - 580 206.
... PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
DHARWAD RURAL DIVISION
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
OLD BUS STAND DHARWAD - 580 001,
DIST: DHARWAD.
... RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101744/2024:
BETWEEN:
SRI BASAVARAJ S/O. IRAPPA SALI,
AGE: 63 YEARS, OCC: TRAFFIC CONTROLLER,
R/O: 125, RAJADHANI COLONY, GOKUL ROAD,
HUBBALLI - 30, TQ: HUBBALLI,
DIST: DHARWAD - 580 030.
... PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
HUBBALI DHARWAD CITY DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
5TH FLOOR, C.B.T. HUBBALI - 580 031,
DIST: DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101745/2024:
BETWEEN:
SRI DAYANAND S/O. RUDRAPPA HALLIKERI,
AGE: 64 YEARS, OCCUPATION: RETIRED DRIVER,
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
R/O. H.NO 64/65, ISHWAR NAGAR, NEAR APMC,
HUBBALLI , TQ: HUBBALLI,
DIST: DHARWAD - 580 025.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
HUBBALLI DHARWAD CITY DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
5TH FLOOR, C.B.T. HUBBALLI - 580 031,
DIST: DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101746/2024:
BETWEEN:
SRI VIJAYAKUMAR S/O. DATTATREYA PARABATH,
AGE: 63 YEARS, OCC: RETIRED DRIVER,
R/O: H.NO. 107, VINAYAK,
C/O: M.M. KALE, BEHIND SANTOSH NAGAR,
HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD - 580 024.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
HUBBALI DHARWAD CITY DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
5TH FLOOR, C.B.T. HUBBALI - 580 031,
DIST: DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
-5-
NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101977/2024:
BETWEEN:
SRI NEELAPPA S/O. HOLIYAPPA ANGADI,
AGE: 61 YEARS, OCC: RETIRED CHARGEMAN,
R/O: NO. 23, BANSHRI LAYOUT,
YALLAKKISHETTER COLONY, VIDYAGIRI, DHARWAD,
TQ: DIST: DHARWAD - 580 004.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
OLD BUS STAND DHARWAD - 580 001,
DIST: DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101979/2024:
BETWEEN:
SRI BASANAGOUDA S/O. SHIVANAGOUDA MELINAMANI,
AGE: 63 YEARS, OCC: RETIRED ARTISAN,
R/O GANGADHAR NAGAR, KUSUGAL,
TQ: HUBBALLI, DIST: DHARWAD - 580 023.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
AND:
THE MANAGEMENT OF NWKRTC,
DHRWAD RURAL DIVISION
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
OLD BUS STAND DHARWAD-580001
DIST. DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101982/2024:
BETWEEN:
SRI RAJAPPA S/O. BHEEMAPPA ARENNAVAR,
AGE: 62 YEARS,
OCC: RETIRED TRAFFIC CONTROLLER,
R/O: PLOT NO.13, ISHWAR NILAYA, ADISHKATI COLONY,
MADIHAL, DHARWAD,
TQ: DIST: DHARWAD - 580 001.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
DHAWAD RURAL DIVISION
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
OLD BUS STAND DHARWAD - 580 001,
DIST: DHARWAD
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
-7-
NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101984/2024:
BETWEEN:
SRI KALLANAGOUDA S/O. MALLANAGOUDA PATIL,
AGE: 63 YEARS, OCCUPATION: RETIRED CONDUCTOR,
R/O: RAMAPUR SITE, OPP. PWD. COLONY,
SOUNDATTI, TALUK: SOUDATTI,
DIST: BELAGAVI - 591 126.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
OLD BUS STAND DHARWAD - 580 001,
DIST: DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101986/2024:
BETWEEN:
SRI ASHOK S/O. HANAMANTAPPA SIDDOJIYAVAR,
AGE: 63 YEARS,
OCCUPATION: RETIRED DRIVER,
R/O: SONAPUR, 1ST CROSS MALAPUR,
DHARWAD, TALUK & DISTRICT: DHARWAD - 580 001.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
AND:
THE MANAGEMENT OF NWKRTC,
DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
OLD BUS STAND DHARWAD - 580 001,
DIST: DHARWAD.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.101987/2024:
BETWEEN:
SRI DYAMANAGOUDA S/O. YASHAVANTGOUDA PATIL,
AGE: 63 YEARS,
OCCUPATION: RETIRED ASSISTANT ACCOUNTANT,
R/O: H.NO. 123, SARIGE NAGAR,
KALASAPUR ROAD, GADAG,
TALUK AND DIST: GADAG - 582 101.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENTOF NWKRTC,
GADAG DIVISION, REPRESENTED BY ITS DIVISIONAL
CONTROLLER, GADAG DIVISION,
GADAG - 582 101, DIST: GADAG.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
-9-
NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
IN W.P.NO.103125/2024:
BETWEEN:
SRI SRI MUDAKAPPA S/O. SHIVAPPA BURADI,
AGE: 61 YEARS,
OCCUPATION: RETIRED TRAFFIC CONTROLLER,
R/O: H NO 36, SAI BAPUJI NAGR,
KALASAPUR ROAD, K. E. B. LAYOUT,
GADAG, TQ: DIST: GADAG - 582 103.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
GADAG DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
GADAG DIVISION, GADAG - 582 103.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.103130/2024:
BETWEEN:
SRI HANUMANTAPPA S/O. KENCHAPPA GUDIMANI,
AGE: 63 YEARS,
OCCUPATION: RETIRED TRAFFIC CONTROLLER,
KADAPATTI ROAD, KUNDGOL,
TALUK: KUNDGOL, DIST: DHARWAD - 581 113.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
HUBBALLI RURAL DIVISION,
REPRESENTED BY ITS
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
DIVISIONAL CONTROLLER,
4TH FLOOR, CBT HUBBALLI - 580 020.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.103132/2024:
BETWEEN:
SRI KRISHNAKANT S/O. GANAPATI SHANBHAG,
AGE: 63 YEARS,
OCCUPATION: RETIRED CONDUCTOR,
R/O: BANDAR ROAD,
NEAR BHAGAVAT PETROL PUMP,
KUMATA - 581 343, TALUK: KUMATA,
DIST: UTTARA KANNADA.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
U K DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
U. K. SIRSI - 581 402.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
IN W.P.NO.103161/2024:
BETWEEN:
SRI BHEEMAPPA S/O. KALAPPA KALADAGI,
AGE: 64 YEARS,
OCCUPATION: RETIRED TRAFFIC CONTROLLER,
DIST: DHARWAD - 580 028.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
HUBBALLI - DHARWAD CITY DIVISION,
REPRESENTED BY ITS DIVISIONAL
CONTROLLER, 5TH FLOOR,
C.B.T. HUBBALLI - 580 020.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AT ANNEXURE B DATED 30.06.2023 AND ETC.,
IN W.P.NO.103165/2024:
BETWEEN:
SMT. SHAKEELA W/O. ARUN BHANDARI,
AGE: 63 YEARS,
OCCUPATION: RETIRED OFFICE HELPER,
R/O: KAMATE HITTAL, HONNAVAR,
TALUK: HONNAVAR,
DIST: UTTAR KANNADA - 581 334.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
U. K. DIVISION,
REPRESENTED BY ITS
DIVISIONAL CONTROLLER,
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WP No. 101625 / 2024
& Connected Matters
U. K. SIRSI - 581 402.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.103166/2024:
BETWEEN:
SRI VIVEKANAND S/O. ISHWAR HEGDE,
AGE: 63 YEARS, OCCUPATION: RETIRED SENIOR
DIVISIONAL CONTROLLER, STAGE - II,
SULLA ROAD, HUBBALLI - 580 023,
TQ: HUBBALLI NAGAR, DIST: DHARWAD.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
U. K. DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
U. K. SIRSI - 581 402.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.103169/2024:
BETWEEN:
SRI MARUTI S/O. MAHADEV NAIK,
AGE: 63 YEARS,
OCCUPATION: RETIRED TRAFFIC CONTROLLER,
R/O: 1355, INDUSTRIAL AREA HEGDE,
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WP No. 101625 / 2024
& Connected Matters
MACHAGON, HEGDE,
UTTARA KANNADA - 581 330,
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
U. K. DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
U. K. SIRSI - 581 402.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.103170/2024:
BETWEEN:
SRI YOGESH S/O. DAMODAR VAIDYA,
AGE: 63 YEARS,
OCCUPATION: RETIRED SENIOR ACCOUNT SUPERVISOR,
R/O: HOLEGADDE, KUMTA - 581 327,
TALUKA KUMATA, DIST: UTTARA KANNADA.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
U. K. DIVISION, REPRESENTED BY ITS DIVISIONAL
CONTROLLER, U. K. SIRSI - 581 402.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
IN W.P.NO.103171/2024:
BETWEEN:
SRI IRAPPA S/O. CHANDRASHEKHARAPPA GANGOOR,
AGE: 63 YEARS,
OCCUPATION: RETIRED TRAFFIC CONTROLLER,
R/O: NEAR BUDDIMANDYA MAKKAL SCHOOL,
KADE PLOT, NARASAPUR, BETAGERI,
TALUK: DIST: GADAG - 582 103.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
GADAG DIVISON,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
GADAG DIVISON, GADAG - 582 103.
...RESPONDENTS
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AT ANNEXURE B DATED 19.03.2024 AND ETC.,
IN W.P.NO.103576/2024:
BETWEEN:
SRI PARASHURAM S/O. SHIDAPPA HULAGANNAVAR,
AGE: 63 YEARS, OCCUPATION: RETIRED
STATISTICAL ASSISTANT, R/O: H. NO.142,
MIG, PRAJA NAGAR, K. H. B. GAMANAGATTI,
POST NAVANAGAR, HUBBALLI,
TALUK: HUBBALLINAGAR,
DIST DHARWAD - 580 025.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
HUBBALLI - DHARWAD CITY DIVISION,
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
5TH FLOOR, C. B. T. HUBBALLI - 580 020.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OF
POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE
INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF
TERMINAL BENEFIT I.E. LEAVE ENCASHMENT BENEFIT, BY FIXING
OUTER LIMIT AND ETC.,
IN W.P.NO.103681/2024:
BETWEEN:
SRI MARTHAND MALLAPPA S/O. NINGAPPA DODDAMANI,
AGE: 64 YEARS,
OCCUPATION: RETIRED TRAFFIC CONTROLLER,
R/O: H. NO. 57, VEERA NARAYANA BADAVANE,
RAJEEV GANDHI NAGAR, GADAG,
TQ: DIST: GADAG - 582 103.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
THE MANAGEMENT OF NWKRTC,
GADAG DIVISION,
REPRESENTED BY ITS DIVISONAL CONTROLLER,
GADAG DIVISION - 582 103.
...RESPONDENT
(BY SRI PRASHANT S. HOSMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
MANDAMUS OF POSITIVE NATURE, DIRECTING THE RESPONDENT TO
PAY THE INTEREST AT THE RATE OF 12 PERCENT P.A. ON THE
BELATED PAYMENT OF TERMINAL BENEFIT I.E. LEAVE ENCASHMENT
BENEFIT, BY FIXING OUTER LIMIT ANNEXURE-B DATED 11-03-2024
AND ETC.,
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NC: 2024:KHC-D:10448
WP No. 101625 / 2024
& Connected Matters
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In these petitions, petitioners are claiming payment
of interest at 12% per annum for the belated payment of
cash benefits towards their leave encashment. For the
purpose of immediate reference, the following tabulation is
provided which indicate the dates of appointment and
retirement of the petitioners, dates of payment of leave
encashment amount and the amount paid:
Sl. Date of Date of Amount
WP NO. L.E. Paid on paid (in Rs.)
No appointment & as retirement
1. 101625/24 1999 as Engineer 07.01.2020 31-03-2023 5,08,501/-
he took VRS
2. 101674/24 1989 as Conductor 30.09.2020 31.03.2023 2,22,376/-
3. 101742/24 1986 as Driver 31.05.2019 In two 5,25,965/-
installments on
03.02.2021 &
18.03.2021
4. 101744/24 1985 as Conductor 31.05.2021 31.03.2023 4,09,104/-
5. 101745/24 1996 as Driver 31.05.2020 06.07.2022 3,41,310/-
6. 101746/24 1994 as Driver 31.05.2021 31.03.2023 3,49,440/-
7. 101977/24 1989 as Helper-B 31.05.2022 03.04.2023 5,58,657/-
8. 101979/24 1985 as Helper-B 31.05.2021 31.03.2023 2,91,941,/-
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NC: 2024:KHC-D:10448
& Connected Matters
9. 101982/24 1986 as Conductor 30.04.2021 31.03.2023 4,17,000/-
10. 101984/24 1982 as Conductor 31.07.2021 31-03-2023 5,07,300/-
11. 101986/24 1985 as Conductor 31.12.2021 10.04.2023 6,29,100/-
12. 101987/24 1986 as Junior 30.04.2020 06.07.2022 4,31,319/-
Assistant
13. 103125/24 1989 as Conductor 31.05.2022 03.04.2023 3,81,370/-
14. 103130/24 1986 as Conductor 31.05.2020 05.07.2022 3,12,520/-
15. 103132/24 1982 as Conductor 31.05.2021 01.04.2023 3,33,130/-
16. 103161/24 1990 as Conductor 30.04.2020 06.07.2022 3,14,100/-
17. 103165/24 1997 as Officer 30.06.2021 01.04.2023 2,67,130/-
Helper
18. 103166/24 1985 as Conductor 28.02.2021 17.04.2023 11,67,580/-
19. 103169/24 1981 as Conductor 31.05.2021 01.04.2023 4,81,701/-
20. 103170/24 1987 as Junior 31.08.2021 01.04.2023 6,61,780/-
Assistant
21. 103171/24 1990 as Conductor 31.05.2021 01.04.2023 3,00,640/-
22. 103576/24 1989 as Junior 30.04.2021 12.04.2023 7,31,030/-
Assistant
23. 103681/24 1989 as Conductor 31.03.2020 06.07.2022 3,35,866/-
2. The issue involved in these matters has been
adjudicated by this Court in its order dated 24.06.2024
passed in W.P. No.101519/2024 (S-KSRTC) & connected
matters. This Court taking into consideration of the law
laid down by (i) the Apex Court in the case of Vijay L
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NC: 2024:KHC-D:10448
& Connected Matters
Mehrotra Vs. State of U.P. and Others reported in
2000 II LLJ 253; (ii) the judgment of the Co-ordinate
Bench of this Court in the case of Bhalachandra
Krishnaji Kale Vs. Karnataka State Road Transport
Corporation and Others reported in 1999 (81)
Karnataka High Court 330; and (iii) the judgement of
the Division Bench of this Court in the case of
Shankaragouda Vs. The President and Others in
W.A.No.100420/2023 (S-R) dated 07.12.2022; and also
taking note of the Government Order No.AE 211 PEN
2021, Bengaluru, dated 22.02.2022, by which the State
Government revised the payment of interest on the
delayed payment on dearness allowances, gratuity and
leave encashment, has directed the respondent -
Corporation to pay the interest at the rate of 6% p.a. for
the delayed payment of leave encashment.
3. Since, the subject matter of these present writ
petitions are also identical and similar, these writ petitions
are also partly allowed extending the benefit of the order
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NC: 2024:KHC-D:10448
& Connected Matters
passed in the aforesaid batch of Writ Petition
No.101519/2024 (S-KSRTC) and connected matters.
Accordingly, the following:
ORDER
(a) Petitions are partly allowed.
(b) Respondent-corporation is directed
to pay the interest at the rate of 6% per
annum for the delayed period of payment of
leave encashment amount.
(c) It is made clear that the respondent-
corporation shall pay the said interest at 6%
per annum within a period of eight week from
the date of receipt of certified copy of this
order.
(d) It is further made clear that if in the
event of any further delay on the part of
respondent-corporation in paying the interest
as directed above, in such an event
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NC: 2024:KHC-D:10448
& Connected Matters
respondent-corporation shall be liable to pay
interest at the rate of 9% instead of 6% per
annum for the delayed period.
SD/-
JUDGE
SMM/CT-ASC
