Team Blitz India
The Supreme Court has granted post-retiral benefits to the Assistant Wasil Baki Navis (AWBNs)/ appellants selected in 1981 for Gorakhpur district on a short-term seasonal appointment basis, according to Live Law.
The Bench of Justices Vikram Nath and Satish Chandra Sharma observed that would be unreasonable and unfair to deny the appellants, who have worked for 30 to 40 years, post-retiral benefits or terminal dues. The Division Bench also made it clear that the present order has been passed in the peculiar facts and circumstances given the significant duration of service undergone by the appellants.
“Having considered the fact that the appellant(s) have worked for such a long period, it would be unreasonable and unfair to deny them post retiral benefits or terminal dues as may be admissible to the regular government employees,” the Bench observed.
A total of 14 candidates were appointed as AWBNs in the undivided district of Gorakhpur. However, the district of Gorakhpur was bifurcated, resulting in the creation of the Maharajganj district. Out of the 14 selected AWBNs, nine continued their service in Gorakhpur, while five/ appellants continued in Maharajganj district. On June 26, 1991, the five AWBNs in Maharajganj were regularised by the District Magistrate. However, a complaint was filed at the local level regarding the regularisation, and it resulted in the termination of their services via an order dated October 1992.
Challenging the termination order, the writ petitions were filed before the Allahabad High Court. Subsequently, interim orders were passed by the HC staying the operation of the impugned order. Based on this, the appellants continued to work. Following this, the Single-Judge Bench of the HC quashed the October 1992 order. Further, it also directed that the appellants shall be deemed to be regularised in service from June 26, 1991, with all consequential benefits. However, this order was set aside by the Division Bench of the HC. The court had directed that the service period would not be counted for retiral and pensionary benefits. When the appeal was filed before the Supreme Court, an interim order was passed staying the termination of the appellants. Pursuant to this, the appellants got retired in the years 2018, 2019 and 2022.
The SC restored the order passed by the Single Bench and granted the appellants all consequential benefits. In furtherance of this, the court also directed the State of Uttar Pradesh to ensure that these benefits, as also ordered by the Single-judge bench, are given to the appellants within two months
