01Facts
The petitioner, a Selection Grade Conductor employed by the respondent Transport Corporation, voluntarily retired on 31 January 2024 after 17 years of service. His retirement benefits were paid on 11 March 2026. After his representation seeking interest for the delay received no response, he filed this writ petition under Article 226 seeking interest at 6% per annum on the delayed payment of his retirement benefits
pp. 1–2The respondents reported that the benefits had been paid, and the petition was heard for final disposal by consent
p. 302Issues
i.Whether the petitioner was entitled to interest on retirement benefits paid after a delay, notwithstanding the absence of a specific provision for interest
pp. 3–5ii.If so, what rate and period of interest should apply
p. 503Law Applied
In S.K. Dua v. State of Haryana, (2008) 3 SCC 44, the Supreme Court held that an employee may claim interest on retiral benefits under applicable statutory rules or administrative instructions and, even in their absence, may rely on Articles 14, 19 and 21 of the Constitution
pp. 3–4The Court also relied on the Division Bench decision in W.A.(MD) No. 403 of 2010 and connected matters, which held that the absence of a rule expressly providing for interest does not excuse delayed payment where retirement rules contemplate prompt payment, and fixed interest at 6% per annum
pp. 4–504Reasoning
The petitioner’s retirement benefits were not paid until more than two years after his retirement. Applying S.K. Dua and the Division Bench’s ruling, the Court held that retirement benefits are not a bounty and that delayed payment must be compensated by interest, even where the governing rules do not expressly provide for it.
pp. 3–5It applied the Division Bench’s 6% rate to the eligible benefits paid belatedly
pp. 3–505Holding
The Court disposed of the writ petition and directed the respondents to pay the petitioner interest at 6% per annum on the eligible retirement benefits disbursed late, calculated from 1 February 2024 until the date of actual disbursement.
p. 5Payment must be made within six months from receipt of a copy of the order. No costs were awarded
p. 5Original Court PDF
N.Elangovan,vsThe Tamil Nadu State Transport Corporation (Kumbakonam) Ltd,
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