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Supreme Court Secures Post-Retirement Benefits for Long-Serving Short-Term Employees

In a significant ruling dated May 7, the Supreme Court granted post-retirement benefits to Assistant Wasil Baki Navis (AWBNs), who were originally appointed in 1981 on a short-term seasonal basis in District Gorakhpur. The decision provides long-awaited relief to these employees, who have served for over three decades.

The Bench, comprising Justices Vikram Nath and Satish Chandra Sharma, acknowledged the extensive service period of the appellants, which ranged from 30 to 40 years. They emphasized that it would be unreasonable and unfair to deny them the benefits typically accorded to regular government employees. This judgment was made in light of the unique and prolonged service duration of the appellants.

Case Background

Originally, 14 candidates were appointed as AWBNs in Gorakhpur. However, the creation of Maharajganj district led to nine continuing in Gorakhpur and five in Maharajganj. On June 26, 1991, the Maharajganj AWBNs were regularized by the District Magistrate. A local complaint against this regularization resulted in their termination in October 1992.

The terminated employees challenged this order in the Allahabad High Court, which issued interim orders allowing them to continue working. Eventually, a Single-Judge Bench quashed the termination and directed that the appellants be deemed regularized from June 26, 1991, with full benefits. However, this was overturned by the Division Bench, which excluded their service period from retirement and pension calculations.

Supreme Court Ruling

When the case reached the Supreme Court, an interim order was issued to stay the termination. The appellants retired between 2018 and 2022. The Supreme Court, recognizing their long-term service, reinstated the Single-Judge Bench’s decision, ensuring the appellants receive all due benefits. The Court also mandated the State of Uttar Pradesh to implement these benefits within two months.

7179_2017_8_17_52923_Order_07-May-2024

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