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2026 Supreme(Online)(Mad) 45895

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
V. Jayakodi – Appellant
Versus
State Express Transport Corporation – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: G.Saravanabhavan
For the Respondents: S.Sivasubramani, C.S.K.Sathish

An employee is entitled to claim interest for the delayed payment of terminal benefits, and where the employer agrees to pay, the court may direct such payment at a reasonable rate (typically 6%) for the period of delay.

Headnote:The petitioner filed the present petition under Art. 226 of the Constitution seeking a mandamus to compel the respondents to pay interest at 10% per annum on the belated payment of terminal benefits, including leave salary, provident fund, and gratuity, following the petitioner's retirement. The petitioner contended that there was an unjustified delay in disbursement of these benefits. The core issue before the court was whether the retiree is entitled to interest for the delayed payment of terminal benefits. The court, without entering into a detailed contest on merits, noted the fair submission made by the respondents expressing willingness to pay interest at 6% per annum for the period of delay. The court directed the respondents to pay interest at the rate of 6% per annum on the admissible terminal benefits from the date of retirement until the actual date of disbursement within six weeks.

Table of Content
1. failure to disburse terminal benefits promptly upon superannuation. (Para 1 , 2)
2. court intervention to award interest on delayed retiral dues. (Para 3 , 4 , 5 , 6)

ORDER

This writ petition is filed for the following relief:

“To direct the Respondents to consider the Petitioners representation dated 07.04.2026 to pay interest at 10 percent per annum for the belated payment of leave salary, provident fund and gratuity from the date of retirement until realization.”

2.The case of the petitioner is that she was appointed as a Record Clerk in the respondent corporation on 01.12.1988 and retired from service on attaining the age of superannuation on 30.06.2025. However, the terminal benefits have been settled to the petitioner only on 11.03.2026 and no interest has been paid for the delayed period. Therefore, the petitioner had submitted a representation to the respondents dated 13.04.2026, to pay interest for the delayed period. Since the same was not considered, the present writ petition has been filed.

3.The learned Standing Counsel for respondents 1 and 2 would fairly submit that they are willing to pay the interest at the rate of 6% per annum for the belated payment of the eligible and admissible amount.

4.Heard the learned counsel for both sides and perused the materials available on record.

5.In view of the above submission of the learned Standing Counsel, this Court deems it appropriate to direct the respondents to pay interest at the rate of 6% per annum for the belated payment of admissible terminal benefits from the date of retirement till the date of actual disbursal of the terminal benefits of the petitioner within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

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