Madras High Court
Employment and Labour LawConstitutional Law

Delayed payment of terminal benefits warrants 6% annual interest from retirement until disbursement.

B.A.Abishek, vs The Management of

Madras High CourtJUDGMENT: October 13, 20261 MIN READSOURCE JUDGMENT
Delayed payment of terminal benefits warrants 6% annual interest from retirement until disbursement.. B.A.Abishek, vs The Management of. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners’ father, R. Baburajan, retired from the respondent Transport Corporation on 31 December 2023 and died on 29 April 2024.

Source reference: p. 3; para. 2

His terminal benefits were paid on 11 September 2025.

Source reference: p. 3; para. 2

The petitioners sought interest for the delay, stating that their representation dated 30 March 2026 had received no response.

Source reference: p. 3; para. 2

The respondent confirmed that the benefits had been settled on 11 September 2025.

Source reference: p. 4; para. 4
02

Issues

Whether the petitioners were entitled to interest on their deceased father’s terminal benefits because of delayed payment.

Source reference: pp. 3–4; paras. 2–4

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

Source reference: pp. 4–7; paras. 7–9
03

Law Applied

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

Source reference: pp. 4–5; para. 7

It also followed the Division Bench’s decision in W.A.(MD) No. 403 of 2010 and connected matters, which held that the absence of an express interest provision does not excuse delayed payment of retirement benefits and fixed interest at 6% per annum.

Source reference: pp. 5–6; para. 8
04

Reasoning

The Court found that the respondent had paid the terminal benefits only on 11 September 2025, after the employee’s retirement on 31 December 2023.

Source reference: pp. 4–7; paras. 7–9

Applying S.K. Dua and the Division Bench’s ruling, it held that delayed retirement benefits should be compensated by interest and that the absence of a specific provision for interest did not prevent such relief.

Source reference: pp. 4–7; paras. 7–9

It accordingly applied the 6% rate established by the Division Bench.

Source reference: pp. 4–7; paras. 7–9
05

Holding

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

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

Source reference: p. 7; para. 9
Madras High Court

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B.A.Abishek,vsThe Management of

Madras High Court · October 13, 2026

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