Facts
The petitioner was appointed as a Driver with the first respondent Transport Corporation on 11 July 1987 and retired as a Special Grade Driver on 30 September 2018.
Source reference: pp. 1–3His retirement benefits were paid on 21 September 2019.
Source reference: pp. 1–3After receiving no response to his representation dated 2 September 2026 seeking interest for the delay, he filed this writ petition seeking interest at 18% per annum.
Source reference: pp. 1–3The respondents reported that the benefits had been paid on 21 September 2019.
Source reference: p. 3Issues
1. Whether the petitioner was entitled to interest on retirement benefits paid belatedly.
Source reference: pp. 2–3, 62. If so, what rate of interest and period of payment should apply.
Source reference: pp. 3, 6Law 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 retiral benefits under applicable statutory rules or administrative instructions and, even in their absence, may seek relief under Articles 14, 19 and 21 of the Constitution; retiral benefits are not a bounty.
Source reference: pp. 4–5The Madras High Court Division Bench, in W.A.(MD) No. 403 of 2010 and connected matters, held that the absence of an express interest provision in the Tamil Nadu State Transport Corporation Employees Pension Fund Rules does not excuse delayed payment, and fixed interest at 6% per annum.
Source reference: p. 5Reasoning
The Court accepted that the petitioner’s retirement benefits had been disbursed only on 21 September 2019, after his retirement on 30 September 2018.
Source reference: pp. 2–3Applying S.K. Dua and the Division Bench’s ruling on delayed Transport Corporation retirement benefits, it held that delayed payment must be compensated by interest, notwithstanding the absence of a specific provision for interest in the Pension Fund Rules.
Source reference: pp. 4–6The Court therefore applied the 6% rate established by the Division Bench rather than the 18% sought in the petition.
Source reference: pp. 3, 5–6Holding
The Court disposed of the writ petition and directed the respondents to pay interest at 6% per annum on the petitioner’s eligible retirement benefits that were disbursed belatedly, calculated from the date of retirement until actual disbursement, within six months from receipt of a copy of the order.
No costs were awarded.
Source reference: p. 6Original Court PDF
N.D.Mohanavel,vsThe Management of
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