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2026 Supreme(Online)(Mad) 48846

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
K. Palanivel – Appellant
Versus
Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited – Respondent
WP No. 19029 of 2026



Advocates:
For the Appellants/Petitioners: N. Desinghu
For the Respondents: K. Raja

The court established that an employee is entitled to interest at the rate of 6% per annum on the belated payment of terminal retirement benefits from the date of retirement until the date of actual disbursal.

Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution of India for the disbursement of terminal benefits, including interest on delayed Provident Fund, Gratuity, Earned Leave salary, and ten days' salary following retirement. The court examined the claim regarding the delayed settlement of statutory terminal benefits and the implementation of a wage settlement. The core issue was whether the former employee of a state-run transport corporation was entitled to interest on the delayed payment of retirement dues. The court relied on the established principle that terminal benefits, being a right to property, must be paid timely, and failure to do so attracts liability for interest. The court directed the respondent to pay interest at the rate of 6% per annum on the belated payment of retirement benefits from the date of retirement until the actual date of disbursement and to consider the pending claims regarding the wage settlement and withheld salary within six weeks.

Table of Content
1. the obligation of the state to timely disburse terminal benefits to retired employees. (Para 1 , 2 , 3)
2. court's power to award interest on belated payments of retirement benefits and issue specific directions for disbursement. (Para 4 , 5)

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the Respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity and Earned Leave salary as per 12(3) wage settlement and 10 days last month salary with effect from 01.08.2025.

ORDER

This writ petition is filed for the following relief:

“To direct the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity and Earned Leave salary as per 12(3) wage settlement and 10 days last month salary with effect from 01.08.2025.”

2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. It is the case of the petitioner that he joined as Junior Assistant in the respondent corporation and retired from service on 31.07.2025. However, the terminal benefits have been settled belatedly and also that the salary for 10 days and difference amount of gratuity and leave salary as per the 12(3) wage settlement were not paid to him. Therefore, the petitioner sent a representation which evoked no response so far. Hence, the present Writ Petition has been filed claiming interest for the belated payment of retirement benefits such as Gratuity, Leave salary, Provident fund and commutation of pension amounts and to pay the salary as stated supra.

4. In view of the limited request made by the petitioner with regard to interest on the belated settlement of retirement benefits such as Gratuity, Leave salary, Provident fund and commutation of pension amounts, this Court directs the respondent to pay interest at the rate of 6% p.a. for the belated payment of retirement benefits from the date of retirement till the date of actual disbursal of the retirement benefits of the petitioner and to pay eligible amount if any, under the 12(3) wage settlement along with interest at the rate of 6% per annum for the delayed period and also to consider the issue in regard to disbursement of the 10 days last month salary as stated supra, if there is no other impediment in disbursing the same, within a period of six weeks from the date of receipt of a copy of this order, taking into account the bank rate of interest on deposits.

5. Accordingly, this Writ Petition is disposed of. No costs.

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