Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Casual labour Service Law Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Pension – Pensionary benefit granted to Casual labour Roll (CLR) workers after their absorption on Seasonal labour Roll (SLR) posts by different Government Orders – Claim by the appellant for counting the period of his service rendered as CLR worker for pensionary benefits – Denied by State Government on the ground that the benefit could not be granted as he was not absorbed directly from CLR Service but was regularised by appointment through regular employment process – The view of State Government was affirmed in Writ Petition as well as Writ Appeal – Appeal to Supreme Court – Held: Pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement – Pensionary provisions must be given liberal construction – The appellant is being deprived of the maximum pensionable service which could be permissible to him if his period of CLR service is recognized as qualifying service – There is no reason to deny the same to the appellant when other CLR workers who have rendered lesser service than the appellant, have got such benefit – Therefore, the benefit of the service rendered as a CLR worker would be liable to be counted for determining the pensionary benefits to the appellant. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 510 |
Petitioner | V. Sukumaran |
Respondent | State Of Kerala & Anr. |
SCR | [2020] 6 S.C.R. 991 |
Judgement Date | 2020-08-26 |
Case Number | 3984 |
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