Madras High Court
Social Security and PensionsEmployment and Labour Law

Employers must pay interest on delayed retirement benefits, even absent an express statutory provision.

M.Ganesan, vs The Management of

Madras High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Employers must pay interest on delayed retirement benefits, even absent an express statutory provision.. M.Ganesan, vs The Management of. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a Special Grade Driver appointed on 24 July 1994, retired on 31 March 2024.

Source reference: p. 1

His retirement benefits were paid on 25 August 2025.

Source reference: pp. 1–2

After making an unanswered representation dated 23 July 2026, he sought interest for the delayed payment.

Source reference: pp. 1–2

Although the petition’s prayer referred to 18% interest for a specified period, the Court recorded the claim as one for interest at 6% per annum.

Source reference: pp. 1–2

The respondents reported that the benefits had been settled on 25 August 2025.

Source reference: p. 3
02

Issues

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

Source reference: pp. 2–3

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

Source reference: pp. 3–5
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, such a claim may be grounded in Articles 14, 19 and 21 of the Constitution.

Source reference: p. 4

The Court also relied on the Division Bench decision in W.A.(MD) No. 403 of 2010 and connected cases, dated 4 July 2014, which held that the absence of an express interest provision in the Tamil Nadu State Transport Corporation Employees Pension Fund does not excuse delayed payment, and fixed interest at 6% per annum.

Source reference: pp. 4–5
04

Reasoning

The Court found that the petitioner’s retirement benefits had been paid belatedly.

Source reference: pp. 3–5

Applying S.K. Dua and the Division Bench’s ruling on delayed transport-corporation retirement benefits, it held that delay should be compensated by interest, notwithstanding the absence of a specific interest provision in the Pension Fund rules.

Source reference: pp. 3–5

It therefore applied the 6% rate set by the Division Bench and calculated interest from retirement until actual disbursement.

Source reference: p. 5
05

Holding

The Court disposed of the petition and directed the respondents to pay interest at 6% per annum on the eligible retirement benefits disbursed belatedly, from 31 March 2024 until actual disbursement, within six months of receipt of the order.

No costs were awarded.

Source reference: p. 5
Madras High Court

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M.Ganesan,vsThe Management of

Madras High Court · September 30, 2026

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