Denying Pension To Ad-hoc Employee After 30 Years Service Is Unreasonable: Supreme Court

The bench of Justices MR Shah and BV Nagarathna was considering a SLP assailing Gujarat High Court's order wherein the High Court had directed the State to pay pensionary benefits to the respondent who has retired after rendering more than 30 years service.

Remarking that taking the Services continuously for 30 years and thereafter to contend that an employee who has rendered 30 years continuous service shall not be eligible for pension is nothing but unreasonable, the bench dismissed State's SLP.

"It is unfortunate that the State continued to take the services of the respondent as an ad-hoc for 30 years and thereafter now to contend that as the services rendered by the respondent are ad-hoc, he is not entitled to pension/pensionary benefit. The State cannot be permitted to take the benefit of its own wrong. To take the Services continuously for 30 years and thereafter to contend that an employee who has rendered 30 years continues service shall not be eligible for pension is nothing but unreasonable. As a welfare State, the State as such ought not to have taken such a stand," bench said in its order.

The court also said that the High Court had not committed any error in directing the State to pay pensionary benefits to the respondent who had retired after rendering more than 30 years service.

Case Title: The State of Gujarat & Ors v Talsibhai Dhanjibhai Patel| Special Leave to Appeal (C) No. 1109/2022

Citation : 2022 LiveLaw (SC) 187

Counsel for State: Advocates Archana Pathak Dave & Deepanwita Priyanka

Counsel for Respondent: Advocates Manoj K. Mishra, Umesh Dubey, A.A. Bhasme, Prateek Som, Sudhir S. Rawat, Vishrov Mukerjee