In
a significant ruling, the Supreme Court has directed the government to extend
the benefits of the Sixth Pay Commission, including pension entitlements, to
personnel involved in managing deposits for the Special Frontier Force (SFF). This
decision comes after six individuals, who were hired temporarily in the 1970s
and denied these benefits despite over three decades of service, took their
case to court following the rejection of their requests in 2012.
A
Bench comprising Justices Hima Kohli and Sandeep Mehta carefully reviewed the
case, noting that the government had consistently treated these SSD employees
as if they were regular employees. The judges stressed that labels such as
‘temporary’ or ‘permanent’ carry significant legal implications and should not
be used arbitrarily when determining service benefits.
These
six individuals, responsible for overseeing savings scheme deposits (SSD)
within the SFF, had previously received various allowances and pay adjustments
aligned with the Fourth and Fifth Pay Commissions. However, despite their long
tenure, they were categorised as temporary employees and were only granted a
consolidated payment of Rs 3,000 per month following the implementation of the
Sixth Pay Commission. When they retired, they sought pension benefits under the
Sixth Pay Commission, but the government denied their request.
“In
this case, the overall circumstances reveal that despite being formally
classified as temporary employees, the appellants’ employment exhibits key
characteristics of regular government service,” stated Justice Mehta. “Denying
pension benefits solely on the basis of their temporary status, without
considering these factors, seems to oversimplify their employment relationship
with the government. Such an approach risks creating a group of employees who,
despite long-term service that mirrors that of regular employees, are unjustly
deprived of the benefits and protections usually afforded to government
servants,” he said.
The
Supreme Court pointed out the arbitrary nature of the government’s decision to
withhold pension benefits, stating that this denial violated fundamental rights
guaranteed under Articles 14 and 16 of the Indian Constitution.
“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.
The
court has now ordered the government to grant the appropriate pay and pension
benefits to the SSD personnel, correcting a long-standing oversight. This
ruling emphasises the need for equitable treatment and acknowledgment of all
government employees, regardless of their employment status.