Madras High Court
Social Security and PensionsAdministrative and Public Law

Delayed payment of retirement benefits warrants interest at 6% per annum.

S.Premkumar, vs The Tamiilnadu State Transpo

Madras High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
Delayed payment of retirement benefits warrants interest at 6% per annum.. S.Premkumar, vs The Tamiilnadu State Transpo. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a conductor employed by the respondent Transport Corporation from 31 March 1994, retired as a Special Grade Conductor on 30 June 2024.

Source reference: no citation

His retirement benefits were paid on 2 December 2025.

Source reference: p. 2

After his representation seeking interest on the delayed payment received no response, he filed a writ petition seeking interest at 6% per annum from retirement until payment.

Source reference: p. 2

The respondents reported that the benefits had been settled on 2 December 2025.

Source reference: p. 3
02

Issues

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

Source reference: pp. 2, 4–6

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

Source reference: pp. 5–6
03

Law Applied

Under S.K. Dua v. State of Haryana, (2008) 3 SCC 44, an employee may claim interest on delayed retiral benefits under applicable statutory rules or administrative instructions; even in their absence, a claim may be founded on Articles 14, 19 and 21 of the Constitution, since retiral benefits are not a bounty.

Source reference: pp. 4–5

Following that principle, a Division Bench of the Madras High Court held in W.A.(MD) No. 403 of 2010 and connected matters, by order dated 4 July 2014, that delayed payment of retirement benefits by a State Transport Corporation may attract interest at 6% per annum, notwithstanding the absence of an express provision for interest.

Source reference: p. 5

The Court exercised its writ jurisdiction under Article 226.

Source reference: p. 1
04

Reasoning

The petitioner’s benefits were paid approximately seventeen months after retirement, and the respondents confirmed the delayed payment.

Source reference: pp. 2–3

Applying S.K. Dua and the Division Bench decision on the same issue, the Court held that delayed retirement benefits warranted compensation by way of interest; the absence of an express interest provision did not preclude such relief.

Source reference: pp. 4–6

It therefore applied the 6% rate adopted in the Division Bench decision to the eligible benefits for the period of delay.

Source reference: p. 6
05

Holding

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

Payment was ordered within six months from receipt of a copy of the order; no costs were awarded.

Source reference: p. 6
Madras High Court

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S.Premkumar,vsThe Tamiilnadu State Transpo

Madras High Court · October 13, 2026

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