In a significant ruling, the Supreme Court has directed the government to extend the benefits of the Sixth Pay Commission, including pension entitlements, to personnel involved in managing deposits for the Special Frontier Force (SFF). This decision comes after six individuals, who were hired temporarily in the 1970s and denied these benefits despite over three decades of service, took their case to court following the rejection of their requests in 2012.

A Bench comprising Justices Hima Kohli and Sandeep Mehta carefully reviewed the case, noting that the government had consistently treated these SSD employees as if they were regular employees. The judges stressed that labels such as ‘temporary’ or ‘permanent’ carry significant legal implications and should not be used arbitrarily when determining service benefits.

These six individuals, responsible for overseeing savings scheme deposits (SSD) within the SFF, had previously received various allowances and pay adjustments aligned with the Fourth and Fifth Pay Commissions. However, despite their long tenure, they were categorised as temporary employees and were only granted a consolidated payment of Rs 3,000 per month following the implementation of the Sixth Pay Commission. When they retired, they sought pension benefits under the Sixth Pay Commission, but the government denied their request.

“In this case, the overall circumstances reveal that despite being formally classified as temporary employees, the appellants’ employment exhibits key characteristics of regular government service,” stated Justice Mehta. “Denying pension benefits solely on the basis of their temporary status, without considering these factors, seems to oversimplify their employment relationship with the government. Such an approach risks creating a group of employees who, despite long-term service that mirrors that of regular employees, are unjustly deprived of the benefits and protections usually afforded to government servants,” he said.

The Supreme Court pointed out the arbitrary nature of the government’s decision to withhold pension benefits, stating that this denial violated fundamental rights guaranteed under Articles 14 and 16 of the Indian Constitution.

“We are of the opinion that the denial of pensionary benefits to the appellants is not tenable or justifiable in the eyes of law as the same is arbitrary and violates the fundamental rights as guaranteed by Articles 14 and 16 of the Constitution of India”, stated Justices Kohli and Mehta.

The court has now ordered the government to grant the appropriate pay and pension benefits to the SSD personnel, correcting a long-standing oversight. This ruling emphasises the need for equitable treatment and acknowledgment of all government employees, regardless of their employment status.