Madras High Court
Social Security and PensionsEmployment and Labour Law

Delayed payment of retirement benefits attracts interest at six percent per annum.

A.C.Shanmugam vs The Management of

Madras High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
Delayed payment of retirement benefits attracts interest at six percent per annum.. A.C.Shanmugam vs The Management of. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a Conductor employed by the respondent Corporation from 28 February 1994, retired on 31 March 2025.

Source reference: p. 2

His retirement benefits were disbursed on 11 March 2026.

Source reference: pp. 2–3

After his representation dated 2 September 2026 seeking interest for the delay received no response, he filed a writ petition seeking interest at 18% per annum on the delayed terminal benefits.

Source reference: pp. 2–3

The respondent confirmed that the benefits had been paid on 11 March 2026.

Source reference: p. 3
02

Issues

1. Whether the petitioner was entitled to interest on retirement benefits disbursed after his retirement.

Source reference: pp. 3–4, 6

2. If so, what rate and period of interest should apply.

Source reference: pp. 3, 6
03

Law Applied

In S.K. Dua v. State of Haryana, (2008) 3 SCC 44, the Supreme Court recognised that an employee may claim interest on delayed retirement benefits under applicable statutory rules or administrative instructions and, even in their absence, may invoke Articles 14, 19 and 21 of the Constitution.

Source reference: pp. 4–5

In W.A.(MD) No. 403 of 2010 and connected matters, decided on 4 July 2014, a Division Bench of the Madras High Court held that retirement benefits must be paid promptly and that the Corporation may be liable to pay interest for delay even without an express provision for interest in the applicable rules.

Source reference: pp. 5–6

The Court applied a rate of 6% per annum to eligible retirement benefits paid belatedly.

Source reference: p. 6
04

Reasoning

The Court accepted that the petitioner’s retirement benefits had been paid belatedly and applied the principle that retirement benefits are not a bounty and should be settled promptly.

Source reference: pp. 3–6

Following the Supreme Court’s recognition of a right to claim interest and the Division Bench’s approach to delayed payments by the Transport Corporation, the Court awarded interest.

Source reference: pp. 3–6

It did not grant the 18% rate sought; instead, it followed the 6% rate applied in the cited Division Bench decision.

Source reference: pp. 3–6
05

Holding

The Court disposed of the writ petition and directed the respondent to pay interest at 6% per annum on the eligible retirement benefits disbursed belatedly, calculated from the petitioner’s retirement date until actual disbursement.

Payment was ordered within six months from receipt of a copy of the order.

Source reference: p. 6

No costs were awarded.

Source reference: p. 6
Madras High Court

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A.C.ShanmugamvsThe Management of

Madras High Court · October 13, 2026

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