Temporary employees to avail pension benefits: Patna HC

The decision acknowledges the years of service by temporary employees, ensuring they receive pension benefits


The Patna High Court has ruled a judgement that temporary employees who have served more than 15 years are eligible for pension benefits.

The hearing was based on an application filed by Ram Vyas Dubey, who worked as a temporary employee and dedicated 25 years to service,  retiring in 2010. His request for  pension benefits was rejected because his period of regular service fell short of the required 10 years. 

He then challenged this decision and, in 2014, a single judge ruled in his favour, but the registrar general appealed the ruling, arguing that Dubey did not meet the eligibility criteria.

 Later the appeal by the registrar general was dismissed by the Patna high court, reaffirming the applicability of Rule 59 of the Bihar Pension Rules, 1950.

According to the division bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy, Rule 59 clearly states that even if a person has worked in a temporary mode without confirmation, their service can be considered for pension if it is continuous and exceeds 15 years. The court emphasised that the requirement for confirmation or title of permanent employee does not invalidate the entitlement to pension benefits like permanent employees.

The ruling provides clarity and assurance to employees who have faithfully served organisations in temporary capacities. It highlights the principle that continuous service and dedication should be duly acknowledged and rewarded, regardless of confirmation or regularisation.

This decision by the Patna high court can also have far-reaching effects nationwide in similar cases. While deciding on pension benefits, it simply highlights the importance of recognising the dedication and years of service put in by temporary employees. This decision emphasises the need to consider not just their job status but also the commitment they have shown over time. By this, the court ensures fair treatment towards temporary employees in securing their rightful pension benefits.

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