Vinay Kumar
NEW DELHI: Observing that pension is not a “bounty but an enforceable constitutional right” and a hard-earned benefit amassed by an employee by virtue of long and continuous service, the Supreme Court on Monday ruled that a temporary casual labourer in a govt department would be entitled to pensionary benefits on superannuation even in the absence of regularisation of the job.It took a widow from Bihar, whose husband worked as a casual worker in a post office for three decades, to fight an 18-year legal battle through three layers of litigation – central administrative tribunal, Patna HC and SC – to get the pensionary benefit as the apex court rejected the Centre’s plea and passed an order in her favour. It refused to give credence to govt’s plea that it would cause a financial burden. “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,” it said.A bench of Justices Sanjay Karol and A G Masih said 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 said the govt should act as a model employer. “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,” the bench said.
