Long-serving employees must be granted retirement benefits despite lack of regularization, highlighting the obligation of employers to acknowledge years of service and fairness.

JUDGMENT :

SRI ANANDA SEN, J.

1. Heard the parties.

2. The petitioner in this writ petition has prayed to quash the Order No. 11 dated 13.02.2024 passed by the Divisional Forest Officer, South Forest Division, Chatra.

3. The facts are admitted in this case. The petitioner was initially appointed on 01.10.1984 on daily wages. His duty was to safeguard the plantation in the scheme which was started by the State Government. Thereafter the petitioner was posted in different departments. He worked as Night Guard and in the office also. It is an admitted case that now he has reached the age of superannuation and has not been regularised.

4. The petitioner prayed for regularisation of his service which was kept pending and the respondents by the impugned order rejected the same on the ground that there is no post against which the petitioner can be regularised, further the petitioner was appointed by a person who did not have any authority to appoint.

5. The grounds taken by the respondents not to regularise the petitioner cannot be accepted at this stage when the petitioner has worked from 01.10.1984 and has attained the age of superannuation. If initially the respondents would have taken this plea, this Court could have given some indulgence, but not now. In this case where the petitioner has given his entire life and has reached the age of superannuation, the grounds taken by the respondents of not granting the benefits to the petitioner is not accepted by this Court. A person who has worked from 01.10.1984 and has attained the age of superannuation, must be provided with all the retiral benefits which a regular employee is entitled to.

6. Be it noted that as the petitioner’s services was not regularised he is deprived of all his benefits. As a model employer the respondents should grant the post retiral benefits to the petitioner.

7. Thus, I direct the respondents to pay all the post retiral benefits which a normal regular employee would have been paid on his superannuation.

8. For the purpose of making payment the respondents, if necessary, will create a supernumerary post and ensure that the petitioner receives the entire post retiral benefits.

9. Entire benefits should be disbursed within 12 weeks from the date of receipt of the copy of this order.

10. Impugned order no. 11 dated 13.02.2024 is set aside.

11. This writ petition is allowed.