The Allahabad High Court has directed payment of pension, gratuity and related retirement benefits to a former junior clerk, holding that such entitlements arise from qualifying service rather than the continued availability of a particular post.
The employee’s service had been terminated in 2000 on the ground that no vacant sanctioned position supported his appointment. The Court found that this administrative objection could not erase the service already rendered for retirement purposes.
It set aside the earlier single-judge decision and ordered the authorities to calculate and release the benefits within 30 days after receiving the judgment. The ruling prevents staffing irregularities attributable to the employer from retrospectively defeating earned social-security rights.
