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Rules of the game cannot be changed midway: Allahabad High Court's strict ruling on denying pension after 30 years of service

The Allahabad High Court has delivered a landmark ruling stating that the government cannot deny pension and retirement benefits to an employee after extracting 30 years of service under technical pretexts. The court emphasized that the rules of the game cannot be changed midway.

Rules of the game cannot be changed midway: Allahabad High Court's strict ruling on denying pension after 30 years of service

Denial of Pension After 30 Years of Dedicated Service

In a significant legal development that reinforces labor rights, the Allahabad High Court has strongly criticized government departments for denying pension and retirement benefits to employees on technical grounds after utilizing their services for decades. The court asserted that if an employee has continuously served the state for nearly 30 years, they cannot be arbitrarily deprived of their rightful retirement benefits simply because of administrative loopholes.

This case revolves around an employee who dedicated three decades of his life to a government department. However, when the time came for his retirement, the department argued that the post he held was not officially sanctioned or did not exist in the proper category. The court expressed utter astonishment at this justification, making it clear that administrative authorities cannot alter the rules of the game midway to avoid their financial and legal responsibilities towards workers.

The Background and Legal Battle

The dispute began during a selection process where two posts were to be filled. While one post was allocated to a dependent of a deceased employee under the dying-in-harness quota, the candidate who stood first in merit, Balkrishna, was adjusted against the second post. Subsequently, the department claimed that Balkrishna's appointment was merely against a leave vacancy and not a regular one, leading to the termination of his services in September 2000.

Despite challenging this decision in court and continuing his work during the protracted legal proceedings, the department kept extracting work from him while denying his official status. The High Court took strict note of this contradiction, stating that continuing to take service while simultaneously denying employment status is legally untenable.

The Court's Landmark Observation

Delivering its judgment, the bench underscored that the right to receive retirement benefits stems from the length and continuity of service rather than purely technical nomenclature of a post. The court remarked that departments cannot hide behind their own administrative lapses to deny rightful dues to employees who have given the prime of their lives to public service.

"The right to receive retirement benefits is linked to the duration of service, not just the procedural status of a post. If service has been extracted, benefits must follow." — Allahabad High Court

Broader Implications for Government Employees

This ruling serves as a vital precedent for numerous temporary or ad-hoc employees across the country who face similar exploitation. It reaffirms the principle of natural justice, ensuring that administrative high-handedness cannot override the substantive rights of workers who have delivered decades of honest labor.

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