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Supreme Court (Image credit: ANI)
NEW DELHI: Observing that pension is not a "bounty but an enforceable law right" and a hard-earned payment amassed by an worker by virtuousness of agelong and continuous service, the Supreme Court connected Monday ruled that a impermanent casual labourer successful a govt section would beryllium entitled to pensionary benefits connected superannuation adjacent successful the lack of regularisation of the job.It took a widow from Bihar, whose hubby worked arsenic a casual idiosyncratic successful a station bureau for 3 decades, to combat an 18-year ineligible conflict done 3 layers of litigation - cardinal administrative tribunal, Patna HC and SC - to get the pensionary payment arsenic the apex tribunal rejected the Centre's plea and passed an bid successful her favour. It refused to springiness credence to govt's plea that it would origin a fiscal burden. "Pension is not a substance of grace babelike upon the fiscal convenience of the employer, but a deferred wage earned done agelong years of service," it said.A seat of Justices Sanjay Karol and A G Masih said employees who person rendered continuous and indispensable work implicit agelong periods cannot beryllium denied benefits disposable to regular employees simply connected relationship of nomenclature. It said the govt should enactment arsenic a exemplary employer. "Any classification, resulting successful denial of immoderate benefits to a people of employees who are different likewise situated successful presumption of duties and responsibilities, would autumn foul of law ethos," the seat said.
