VidhiSangh

Supreme Court of India · 22/08/2024

RAJKARAN SINGH & ORS. versus UNION OF INDIA & ORS.

[2024] 8 S.C.R. 516 · 2024 INSC 621

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Summary

Staff engaged to maintain the Compulsory Saving Scheme Deposits (SSD) Fund of the Special Frontier Force had worked for decades on regular pay scales, with increments, promotions, ACP, leave and other benefits matching those of the SFF Accounts Section, and the Fund's accounts had been brought under SFF headquarters. The Court held that, despite being called temporary, they bore the hallmarks of regular government service. Denying them 6th CPC benefits, including pension, was arbitrary and violated Articles 14 and 16, and the Court directed that the benefits be extended on par with their Accounts Section peers.

Issues

  1. Whether employees classified as temporary and paid from a contributory welfare fund of SFF personnel can claim pensionary and other benefits under the 6th Central Pay Commission and the Revised Pay Rules, 2008.
  2. Whether the appellants' actual conditions of service over three decades made them, in substance, regular government servants despite their initial temporary terms and the absence of recruitment rules.
  3. Whether denying them the benefits given to the regular staff of the SFF Accounts Section was arbitrary and discriminatory under Articles 14 and 16.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside. Respondents directed to extend the benefits of the 6th Central Pay Commission, including pensionary benefits under the Revised Pay Rules, 2008, to the appellants on the same terms as their peers in the Accounts Section of SFF HQ Estt. No. 22. No costs.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 516.