The Supreme Court recently expressed displeasure over the state of Gujarat for denying pension to its ad-hoc employee who had rendered 30 years of continuous service.
A bench of Justice MR Shah and Justice BV Nagarathna was considering an SLP opposing the Gujarat High Court order directing the state to pay pensionary benefits to the respondent who is more than 30 years. Retired after rendering service. The Bench, while dismissing the SLP of the State, held that taking 30 years of continuous service and thereafter arguing that an employee who has rendered 30 years of continuous service would not be eligible for a pension, is nothing but unreasonable.
The bench said
“It is unfortunate that the State continued to take the services of the Respondent as ad-hoc for 30 years and thereafter now to argue that the services rendered by the Respondent are ad-hoc, he is entitled to pension/pensionary benefits.” The State cannot be allowed to take advantage of its own wrong.
To take continuous service for 30 years and thereafter argue that an employee who has continued 30 years of service will not be eligible for pension is unfair. The state should not have taken such a stand.
The court also observed that the High Court had committed no error in directing the State to pay pension benefits to the respondent who had retired after rendering more than 30 years of service.
️Case Title: the State of Gujarat and Others Vs. Talsibhai Dhanjibhai Patel.
Special Leave for Appeal (C) No. 1109/2022
Citation: 2022 Live Law (SC) 187
Advocate for the State: Advocate Archana