VidhiSangh

Supreme Court of India · 01/06/2026

BHIKHANI DEVI AND ETC. versus UNION OF INDIA AND OTHERS

[2026] 7 S.C.R. 142 · 2026 INSC 612

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Summary

The Supreme Court held that casual labourers in the Department of Posts who were granted temporary status under the 1991 Scheme, and who completed three years in that status, are entitled to all benefits of temporary Group 'D' employees, including pension under Rule 10(1-B) of the CCS (Temporary Service) Rules, 1965 once they have ten years' qualifying service, even without formal regularisation. Pension is a continuing cause of action, but arrears were limited to three years and two months before the Original Applications were filed.

Issues

  1. Whether a temporary status casual labourer is entitled to pensionary benefits on superannuation without a formal order of regularisation.
  2. Whether Clause 6 of the 1991 Scheme, which counts 50% of temporary-status service for retirement benefits 'after regularisation', makes regularisation a precondition for pension.
  3. Whether the claims were barred by delay and laches, and how far arrears may be granted.

Provisions considered

Held

Result

Appeals allowed; the High Court's judgments set aside. Respondents to compute and release pension, family pension and consequential retiral benefits within three months, failing which 6% interest runs from accrual to disbursement. Arrears for Bhikhani Devi and Bahuru Sahu limited to three years and two months before their Original Applications; Pitamber Jha entitled from his retirement; no costs.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 142.