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2024 Supreme(Online)(MAD) 20970

HIGH COURT OF MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
H.VIJAYA (STAFF NO.B 5447) – Appellant
Versus
TAMIL NADU STATE TRANSPORT – Respondent



The duty to pay retirement benefits on time includes a responsibility to pay interest on delayed disbursements to avoid prejudice to retirees.

Headnote:

Interest - Retirement Benefits - Act Section List - The court affirmed the obligation to pay penal interest on delayed disbursement of retirement benefits, citing prior judgments that emphasized timely payment and the prejudice caused by delays.

Fact of the Case:

The petitioner sought a directive for the respondent to pay interest on delayed Provident Fund, Earned Leave salary, and Gratuity payments.

Issues: Whether the petitioner is entitled to interest on the delayed payment of retirement benefits.

Ratio Decidendi: The court ruled that penal interest is justified for late payments of retirement benefits, emphasizing the obligation to make timely payments.

Final Decision: The petition was disposed of with a direction to pay interest at 6% per annum within eight weeks.

ORDER

This Writ Petition has been filed for a direction, directing the respondent to pay appropriate interest to the petitioner for the belated payment of Provident Fund, Earned Leave salary and Gratuity

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. In identical issues, this Court has passed various orders, justifying the payment of interest to the aggrieved pensioners and in the order dated 13.12.2019 in W.P.(MD) No.26481 of 2019, the following order came to be passed :-

“5. I am not in agreement with the said representation made. There was already a duty cast on the respondent Corporation to pay the terminal benefits on the date of retirement itself and the very fact that the belated disbursement of retirement benefit, had already put the retired employee to serious prejudice, entertaining the present request for disbursement of the interest on the belated payment in installments, could cause further prejudice to the retired employee.

6. In the light of the above observations, there shall be a direction to the respondent / Corporation to pay the penal interest at the rate of 6% per annum on the belated payment of the retirement benefits for the period from the date of the retirement, till the date of the actual disbursement, as expeditiously as possible and in any event, not before the expiry of three months from the date of receipt of a copy of this order.

4. This Court is of the view that the respondent could be directed to pay the interest on the belated payment, at the rate of 6% per annum, as ordered in the above writ petition.

5. In the light of the above findings, there shall be a direction to the respondent herein to pay the interest on the belated payment of the terminal benefits to the petitioner at the rate of 6% per annum, commencing from the date of the retirement, till the date of actual disbursement, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of.

No costs.

24.07.2024 (4/4)

Internet: Yes Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No Lpp G.K.ILANTHIRAIYAN. J, Lpp To Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director Mettupalayam Road, Coimbatore – 641 043. W.P.No.20603 of 2024

24.07.2024 (4/4)

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