Casual labourers in government entitled to pension: SC

Key Takeaways

• Supreme Court (Image credit: ANI) 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.