Partly allowed

M Bhadragiri v. the Managing Director Bmtc

Karnataka HC2 Aug 2024WP/10813/2023

Case brief

AI extract

What is this about?

Petitioner sought interest for delayed leave encashment. Court referred prior judgments and a Government Order directing 6% interest. Partly allowed petition, directing payment at 6% per annum within eight weeks, with escalation to 9% for further delay.

What did the court decide?

Directed respondent to pay interest at 6% per annum within eight weeks; further delay attracts 9% per annum.

M Bhadragiri Vs the Managing Director Bmtc — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:30758 WP No. 10813 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10813 OF 2023 (S-KSRTC)

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BETWEEN:

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M. BHADRAGIRI S/O LATE MUTHAIAH AGED ABOUT 62 YEARS R/A NO.934, PRAKRUTHI 9^TH MAIN, 4^TH STAGE NEAR MAHAVEERA HOSTEL T K LAYOUT, MYSURU-570 009.

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…PETITIONER

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(BY SRI. M C BASAVARAJU, ADVOCATE)

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AND:

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THE MANAGING DIRECTOR BMTC, CENTRAL OFFICES K H ROAD, SHANTHINAGAR BANGALORE-560 027.

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…RESPONDENT

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Digitally signed by SUMA B N Location: High Court of Karnataka

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(BY SMT. RENUKA H R., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: DIRECTING THE RESPONDENT TO PAY INTEREST @ 10 PERCENT PER ANNUM FOR DELAY IN PAYMENT OF THE BENEFIT OF EARNED LEAVE BY CONSIDERING THE REPRESENTATION DATED:28.12.2022 SENT BY THE PETITIONER VIDE ANNEXURE-C TO THE WRIT PETITION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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2 - NC: 2024:KHC:30758 WP No. 10813 of 2023

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ORAL ORDER

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In this petition, petitioner is claiming payment of interest @ 10 percent per annum for the belated payment

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of cash benefits towards leave encashment. For the purpose of immediate reference, the following tabulation is provided which indicate the date of appointment and retirement of the petitioner, date of payment of leave

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encashment amount and the amount paid:

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Date of appointment & as	Date of retirement	L.E Paid on	Amount paid (in Rs.)
2019-Deputy Chief Security and vigilance	30.06.2021	15.04.2023	8,88,130/-

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The issue involved in this matter 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 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

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NC: 2024:KHC:30758 WP No. 10813 of 2023

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Krishnaji Kale Vs. Karnataka State Road Transport

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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 percent p.a. for the delayed payment of leave encashment.

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The subject matter of present writ petition is also identical and similar. The writ petition is also partly allowed extending the benefit of the order passed in the aforesaid batch of Writ Petition No.101519/2024 (SKSRTC) and connected matters. Accordingly, the following:

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4 - NC: 2024:KHC:30758 WP No. 10813 of 2023

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ORDER

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(a) Petition is partly allowed.

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(b) Respondent-corporation is directed to pay the interest at the rate of 6 percent per annum for the delayed period of payment of leave encashment amount.

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(c) It is made clear that the respondentcorporation shall pay the said interest at 6 percent per annum within a period of eight week from the date of receipt of certified copy of this order.

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(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 respondent-corporation shall be liable to pay interest at the rate of 9 percent instead of 6 percent per annum for the delayed period.

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Sd/(M.G.S. KAMAL) JUDGE

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SBN

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List No.: 1 Sl No.: 31

M Bhadragiri v. the Managing Director Bmtc

Case brief

What is this about?

What did the court decide?

M Bhadragiri v. the Managing Director Bmtc

Case brief

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What did the court decide?

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