The Supreme Court on Monday delivered a landmark judgment, affirming that pension is not a bounty but an enforceable constitutional right and a hard-earned benefit accrued by an employee through long and continuous service. The Court ruled that a temporary casual labourer in a government department is entitled to pensionary benefits upon superannuation, even in the absence of job regularisation.
Case Background
The judgment came in a case involving a widow from Bihar, whose husband worked as a casual worker in a post office for three decades. She fought an 18-year legal battle through three layers of litigation: the Central Administrative Tribunal, the Patna High Court, and finally the Supreme Court. The apex court rejected the Centre's plea and passed an order in her favour, granting pensionary benefits.
Court's Observations
A bench comprising Justices Sanjay Karol and A G Masih made several key observations. It refused to give credence to the government's argument that granting pension to casual workers would cause a financial burden. The Court stated, "Pension is not a matter of grace dependent upon the financial convenience of the employer, but a deferred wage earned through long years of service."
The bench further noted that employees who have rendered continuous and essential service over long periods cannot be denied benefits available to regular employees merely on account of nomenclature. It emphasized that the government should act as a model employer.
Constitutional Ethos
The Court asserted, "Any classification, resulting in denial of any benefits to a class of employees who are otherwise similarly situated in terms of duties and responsibilities, would fall foul of constitutional ethos." This ruling reinforces the principle that pension is a right, not a privilege, and that temporary workers who serve for extended periods are entitled to the same benefits as regular employees.
The judgment is expected to have far-reaching implications for thousands of casual workers in government departments across India, ensuring them financial security in their retirement years.
