2022 LiveLaw (SC) 187
IN THE SUPREME COURT OF INDIA
M.R. SHAH; B.V. NAGARATHNA, JJ.
Date : 18-02-2022
Petition for Special Leave to Appeal (C) No. 1109/2022
THE STATE OF GUJARAT & ORS.
VERSUS
TALSIBHAI DHANJIBHAI PATEL
Pension - High Court directed to pay pensionary benefits to an ad-hoc
employee who has retired after rendering more than 30 years service -
SLP filed by the State Dismissed - 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 continuous service shall not be eligible for pension
is nothing but unreasonable. As a welfare State, the State as such
ought not to have taken such a stand.
(Arising out of impugned final judgment and order dated 13-10-2020 in LPA No.
762/2020 passed by the High Court Of Gujarat at Ahmedabad)
For Petitioner(s) Ms. Archana Pathak Dave, Adv. Ms. Deepanwita Priyanka, AOR
For Respondent(s) Mr. Manoj K. Mishra, AOR Mr. Umesh Dubey, Adv. Mr. A.A.
Bhasme, Adv. Mr. Prateek Som, Adv. Mr. Sudhir S. Rawat, Adv. Mr. Vishrov
Mukerjee, Adv
ORDER
It is unfortunate that the State continued to take the services of the
respondent as an ad-hoc for 30 years and thereafter now to contend that
as the services rendered by the respondent 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. As a welfare State, the State as such ought not to have
taken such a stand.
In the present case, the High Court has not committed any error in
directing the State to pay pensionary benefits to the respondent who has
retired after rendering more than 30 years service.
Hence, the Special Leave Petition stands dismissed.
Pending application(s), if any, shall stand disposed of.
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