Bhikhani Devi v. Union of India 2026 INSC 612 – Temporary Status Casual Labourers -Pensionary Entitlement

Temporary Status Casual Labourers -Pensionary Entitlement—Constitution of India – Articles 14, 38, 39, 43 and 300A — Long-serving employees, whether casual or temporary, particularly those conferred a recognised status and extended benefits akin to regular employees, cannot be denied corresponding benefits including social security and pensionary benefits, and any classification resulting in denial of benefits to a class of employees otherwise similarly situated in terms of duties and responsibilities would fall foul of constitutional ethos. (Paras 38–40) [Context: The Supreme Court held that casual labourers with “temporary status” under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1991 who have completed three years’ continuous service and thereby acquired parity of benefits with temporary Group ‘D’ employees, are entitled to pensionary benefits under Rule 10(1‑B) of the CCS (Temporary Service) Rules, 1965 upon satisfying the qualifying service requirement, even without a formal order of regularisation. ]

Constitution of India – Article 300A (Right to Property) read with Pension Jurisprudence — Pension is a hard-earned benefit amassed by an employee by virtue of long and continuous service and is in the nature of “property” within the meaning of Article 300A of the Constitution of India, and once pension is recognised as a constitutional right in the nature of property, it cannot be taken away except by authority of law and a statutory right cannot be rendered illusory on account of inaction of the employer. (Paras 41–42) Pension is not a matter of grace dependent upon the financial convenience of the employer, but a deferred wage earned through long years of service. (Para 74)