‘Temporary’ employees working for decades like regular government employees can’t be denied equal benefits: Supreme Court

New Delhi: The Supreme Court on Thursday (August 22) observed that the employees who were performing the duties indistinguishable from the regular government employees cannot be deprived of the benefits accorded to the government employees.

“The denial of pensionary benefits solely on the basis of their temporary status, without due consideration of these factors, appears to be an oversimplification of their employment relationship with the government. This approach runs the risk of creating a class of employees who, despite serving the government for decades in a manner indistinguishable from regular employees, are deprived of the benefits and protections typically accorded to government servants.”, the bench comprising Justices Hima Kohli and Sandeep Mehta said, as per Live Law.

The Court said that once it is established that the employee, who was not primarily appointed on a regular basis, performs the role and responsibilities of a regular employee for a long time and receives the same benefit as that of a regular employee, then such an employee no longer remains a temporary employee and should be considered as a regular employee.

“While the duration of service alone may not be determinative, it is a significant factor when considered in conjunction with the other aspects of their employment. Such long-term service suggests a level of permanence and integration into the governmental structure that belies their classification as temporary employees. The appellants performed duties similar to those of regular employees in the Accounts Section of SFF HQ Estt. No.22. This similarity in job functions further blurs the line between the appellants’ status and that of regular government employees, suggesting that the distinction may be more formal than substantive. The extension of significant elements from the 4th and 5th CPC to the appellants further cements their plea of being employed in governmental functions.”, the judgment authored by Justice Sandeep Mehta observed.