The Supreme Court in one remarking observation has held that it is unreasonable to take service of ad-hoc employee for a considerable long duration and then deny pension benefits.
The Bench comprising of Justice MR Shah and Justice BV Nagarathna was dismayed at the State of Gujarat's treatment on an employee who rendered services for 30 years under ad-hoc position and then was eventually denied pension benefits.
In the SLP filed by the State, the Gujarat High Court order directing it to grant the employee the benefits he's seeking was assailed.
The Court noted that it is 'unfortunate' that the State continued to take the services of the respondent as an ad-hoc for 30 years and thereafter now has contend that as the services rendered by him 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."The Court dismissed the State's stand and remarked that being a Welfare State, that shouldn't have been the case.
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(With input from news agency language)
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