Delhi HC orders pension benefits for ASI temporary employees, imposes penalty for delay
23-Feb-2025 06:11 PM 4605
New Delhi, Feb 23 (Reporter) In a significant move, the Delhi High Court has directed to pay pensionary benefits to five employees of the Archaeological Survey of India (ASI), who have been working as temporary workers for the past 20 years. A division bench, comprising Justices C Hari Shankar and Ajay Digpaul, quashed an earlier High Court order denying pensions to the petitioners, workers who had served for over 20 years before retiring between 2010 and 2014. The High Court ruled in favour of five retired temporary employees of the ASI, affirming their right to pensionary benefits and condemning the prolonged exploitation of contractual employment. The court directed the authorities to release their dues within eight weeks, warning that any delay would attract an interest penalty of 12 percent per annum from the date of retirement until full payment. In a strongly worded judgment, the court criticized the systemic misuse of temporary contracts in government institutions, noting that such arrangements—originally meant for short-term needs—were now being used to deprive employees of job security and financial benefits. It pointed out that many temporary workers perform essential and recurring tasks identical to those of regular employees but remain deprived of stable employment status. The court further highlighted the arbitrary termination of temporary workers and their exclusion from promotions, pay raises, and career advancement. It expressed concern over the growing trend of outsourcing as a means to evade regular employment obligations, calling it a deliberate strategy to deny workers their rights. Referring to the Supreme Court’s ruling in Secretary, State of Karnataka versus Uma Devi (2006), the High Court condemned its misinterpretation by government bodies to reject the claims of long-serving temporary employees. It clarified that Uma Devi distinguished between “illegal” and “irregular” appointments and upheld the rights of employees engaged in sanctioned posts for over 10 years. The court also cited the Supreme Court’s recent ruling in Jaggo vs Union of India (2024), reinforcing that extended temporary employment violates international labour standards. Emphasizing that government institutions must set an example in fair employment practices, the High Court ruled in favour of the petitioners, represented by Advocates Anu Mehta and Rubinder Ghumman. The Court reiterated that non-compliance with its order would invite a strict financial penalty, sending a strong message against the prolonged exploitation of temporary employees...////...
© 2025 - All Rights Reserved - timespage | Hosted by SysNano Infotech | Version Yellow Loop 24.12.01 | Structured Data Test | ^