Allahabad High Court Grants Retirement Benefits After Nearly 30 Years of Service

The Allahabad High Court has directed the State to release pension, gratuity and other retirement benefits to a Junior Clerk who served for nearly three decades despite a long-running dispute over whether his appointment was against a substantive vacancy.

Appointment dispute

The appellant was selected for a Junior Clerk post after an advertisement and recruitment process in 1997. His services were terminated in 2000 after the department later asserted that he had been appointed against a leave vacancy and that the advertised substantive vacancy was unavailable.

A Single Judge had dismissed his challenge on the principle that selection by itself does not create an indefeasible right to appointment.

Why the Division Bench moulded relief

The Division Bench noted that the State had itself advertised the vacancy, proceeded with selection and issued the appointment. No corrigendum was issued before the recruitment process concluded.

Referring to the Supreme Court's concern over exploitation of long-serving temporary employees, the Court held that leaving a worker without retirement benefits after decades of service would be inequitable, particularly where the uncertainty resulted from the State's own administrative decision.

Direction

Exercising jurisdiction under Article 226, the Court set aside the Single Judge's order and directed calculation and payment of pension, gratuity and other retirement benefits ordinarily available to a government employee. Payment must be released within thirty days after service of a certified copy of the order.