Madras High Court
WP/9937/2024 of K.KUMAR Vs THE CHAIRMAN PRTC/SECRETARY(TRANSPORT) on 12 October 2026
WP No. 9937 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 9937 of 2024
CNR: {HCMA010622352024}
K.Kumar,
S/o. Mr. Kumarasamy, No. 58, First Cross Street, Gandhi Nagar, Pondicherry -605 009.
..Petitioner(s)
Vs
1. The Chairman Prtc/secretary(transport), Puducherry Road Transport Corporation Ltd, Puducherry -605 001.
2. The Managing Director,
Puducherry Road Transport Corporation Ltd., Raja Nagar, Puducherry -605 013.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India praying issuance of Writ of Mandamus fixing a time-frame within which the 2nd Respondent be directed to pay petitioners Earned Leave amount of Rs.
3,09,804/-along with accrued interest.
For Petitioner(s):
Mr. S.Lakshmi Narayanan
For Respondent(s):
Mr.R.Sreedhar, Agp (Pondy) For R1 And R2.
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ORDER
Though the matter pertains to the year 2024, the respondents have not chosen to file a counter-affidavit. At this juncture, the learned counsel for the petitioner, would in all fairness submit that the claim made in the present writ
WP No. 9937 of 2024
petition towards payment of the encashment of earned leave has already been settled by the respondents, however with a delay.
2. The learned counsel for the petitioner would submit that the petitioner retired from service on 30.06.2021, whereas the earned leave encashment amount was paid only on 15.06.2024, after the filing of the present writ petition, resulting in a delay of nearly three years. In view of the subsequent payment, the learned counsel for the petitioner restricts the prayer in the writ petition to a direction to the respondents to pay interest for the delayed settlement of the earned leave encashment amount.
3. Though the learned counsel for the respondents opposes the request on the ground of their weak financial position and further submits that there is no statutory provision mandating the payment of interest, this Court is of the firm view that the employer is under an obligation to settle the terminal benefits due to an employee upon retirement, without undue delay. In this regard, the Hon'ble Supreme Court, in the judgment reported in S.K.Dua Vs. State of Haryana and another, reported in (2008) 3 SCC 44, has held that an unreasonable delay in the payment of retiral benefits affects the employee's right to life and that the employer's liability to pay interest for such delay is not necessarily dependent upon an express statutory provision.
WP No. 9937 of 2024
4. In view of the foregoing circumstances, this Court finds it appropriate to direct the respondents to pay interest at the rate of 6% per annum on the delayed payment of the earned leave encashment amount for the period from 30.06.2021, being the date of retirement, to 15.06.2024, being the date on which the amount was paid. The respondents shall calculate and pay the aforesaid interest within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs. 12-10-2026 [1/2] Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS To
1. The Chairman PRTC/secretary(transport), Puducherry Road Transport Corporation Ltd, Puducherry -605 001.
2. The Managing Director, Puducherry Road Transport Corporation Ltd., Raja Nagar, Puducherry -605 013.
3. The Public Prosecutor, High Court, Madras.
WP No. 9937 of 2024
C.KUMARAPPAN, J. JRS WP No. 9937 of 2024 12-10-2026