Rajasthan High Court Upholds Family Pension Rights for Temporary Government Employees
Court mandates pension benefits for dependants of temporary staff, emphasizes pension as a right, not a privilege.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anand Sharma, has reinforced the rights of dependants of temporary government employees to receive family pension and other post-retirement benefits. The decision came in the case of Smt. Mishri Devi vs. Director, Pension and Pensioners Welfare Department, wherein the court underscored that the denial of family pension solely on the grounds of temporary appointment is unjustified and contrary to the Rajasthan Service Rules, 1951.
The petitioner, Smt. Mishri Devi, whose husband, a Lower Division Clerk, passed away after over a year of service, was denied family pension because his appointment was termed "purely temporary." However, Rule 268A of the Rajasthan Service Rules, 1951, clearly states that dependants of government servants, whether temporary or permanent, who have worked for more than a year, are entitled to family pension. Justice Sharma pointed out that the process of the petitioner's husband's appointment was akin to that of a regular appointment, negating the reason for denial.
The court also addressed the issue of delay in filing the writ petition, which was initially opposed by the respondents citing a lapse of 24 years since the petitioner's husband's demise. Justice Sharma dismissed this objection, citing established legal principles that pension is a right, not a bounty, and therefore, cannot be withheld due to procedural delays.
Citing the Division Bench decision in Union of India & Others v. Smt. Kaushlaya, the court reiterated that temporary employees are entitled to similar pension benefits as permanent employees. The High Court further directed the respondents to release the family pension along with post-retirement benefits within three months, along with an interest of 9% per annum on arrears for the delay caused.
The judgment underscores the judiciary's role in safeguarding the rights of employees and their families, affirming that procedural technicalities cannot override substantive entitlements.
Bottom Line:
Family pension and other post-retiral benefits cannot be denied to dependants of temporary Government employees who have worked for more than one year, as per Rule 268A of the Rajasthan Service Rules, 1951.
Statutory provision(s): Rule 268A of the Rajasthan Service Rules, 1951.
