In a significant ruling, the Supreme Court of India has directed the government to extend the benefits of the Sixth Pay Commission, including pensionary benefits, to a group of personnel who managed deposits for the Special Frontier Force (SFF). This decision comes after six individuals, who were recruited on a temporary basis in the 1970s and served for over 30 years, appealed to the court after their requests for these benefits were rejected in 2012.
Background of the Case
The six personnel in question were responsible for managing savings scheme deposits (SSD) for the SFF. Throughout their careers, they received various allowances and salary adjustments according to the Fourth and Fifth Pay Commissions. However, when the Sixth Pay Commission was implemented, these employees were still classified as temporary and were only provided with a consolidated sum of Rs 3,000 per month. Despite their long service, they were denied pension benefits upon retirement, prompting them to seek justice from the court.
The Court’s Ruling
A bench comprising Justices Hima Kohli and Sandeep Mehta examined the case thoroughly. They noted that the government had consistently treated these SSD employees as regular employees throughout their service. The justices emphasized that the labels ‘temporary’ or ‘permanent’ are not just formalities but have significant legal implications on the benefits and protections that employees receive.
Justice Mehta remarked, “In the present case, the totality of circumstances indicates that despite their formal classification as temporary employees, the appellants’ employment bears substantial hallmarks of regular government service. Denial of pensionary benefits solely on the basis of their temporary status, without due consideration of these factors, appears to be an oversimplification of their employment relation with the government. This approach runs the risk of creating a class of employees who, despite serving the government for decades in a manner indistinguishable from regular employees, are deprived of the benefits and protections typically accorded to government servants.”
Violation of Fundamental Rights
The Supreme Court also pointed out that the government’s decision to deny these pensionary benefits was arbitrary and violated the fundamental rights guaranteed by Articles 14 and 16 of the Constitution of India. These articles ensure equality before the law and prohibit discrimination in matters of public employment.
“We are of the opinion that the denial of pensionary benefits to the appellants is not tenable or justifiable in the eyes of law as the same is arbitrary and violates the fundamental rights as guaranteed by Articles 14 and 16 of the Constitution of India,” stated Justices Kohli and Mehta.
Impact of the Decision
The court’s ruling has now compelled the government to provide the appropriate pay and pension benefits to these SSD personnel. This decision corrects an injustice that has persisted for several decades and underscores the importance of fair treatment and recognition for all government employees, regardless of their classification.
This judgment serves as a reminder that the classification of employees as ‘temporary’ should not be used to deny them their rightful benefits, especially when their service has been consistent and comparable to that of regular government employees. The Supreme Court’s decision is a significant step towards ensuring fairness and equality in the treatment of government personnel.
