Summary of this article
Allahabad HC linked retirement benefits to length of service.
Clerk served nearly 30 years before retirement.
UP must release pension, gratuity within 30 days.
The Allahabad High Court has directed the Uttar Pradesh government to pay pension, gratuity and other retirement benefits to a junior clerk who had worked in government service for nearly 30 years.
The employee’s services were terminated in 2000 on the ground that there was no vacant post against which he could have been appointed. The court, however, held that after taking his services for such a long period, denying him retirement benefits would not be justified.
Court Says Length Of Service Matters
The court observed that retirement benefits are linked to the length of service and not simply to the post held by an employee. The employee had applied for a junior clerk post after two general category vacancies were advertised in July 1997. He cleared the written examination and interview and was placed second in the selection list. He received his appointment letter in September 1997.
About three years later, his services were terminated after it was found that his appointment had been made against a leave vacancy. The government argued that there was no substantive vacancy available when he was appointed.
The employee challenged the termination. His initial petition was dismissed, following which he approached the high court.
Employee Served For Nearly Three Decades
The high court noted that the government had completed the selection process and appointed the employee even though there was an issue with the availability of the post. It also observed that no correction had been issued to the original advertisement before the selection and appointment process was completed.
The court considered the fact that the employee had worked for almost 30 years and was due to retire on August 31, 2026. It held that the issue of the post would lose significance after his retirement. The court also noted that an employee who has served for such a long period should not be left uncertain about retirement benefits because of an error in the government’s own appointment process.
Pension And Gratuity To Be Paid
The high court has now directed the authorities to calculate the employee’s retirement benefits, including pension and gratuity, as normally applicable to a government employee.
The authorities have been directed to release the benefits within 30 days from the date they receive a certified copy of the court order.
The court has also set aside the earlier order that had dismissed the employee’s petition.
