Ad-hoc employees will also have to pay pension. -SUPREME Court

The Supreme Court held that ad-hoc employees are entitled to pension and other retirement benefits and can not be equated at all with contractual employees. The supreme court set aside the decision of the Madras High Court. According to the matter, the fast track Court in Tamil nadu k.anbagzhan,G.Savitri,A.Haseena and P.G.Rajagopal were appointed as judges for five years, But this period kept on increasing and they were finally discharged from this appointment in 2012.fast track court judges were denied pension and other retirement benefits by treating them as contractual employees. A division bench of Justice A.K.Sikria and Justice Ashok Bhushan observed that the state government to give those benefits to these judges with in two months. The petitioners filed a petition for retirement benefits, gratuity, leave encashment and pension, but the petition was dismissed by the Madras High court.

The Bench said that contractual appointments are generally not made in lieu of any post. it is generally not even on the basis of pay scale. The bench said that the mere fact that the appointment was initially made for five years as per the advertisement can not be treated as appointment on contract basis. Whenever a government servant jouns a post for a limited period  It is a tenure post.

The Bench said merely writing in the advertisement and the appointment letter that the appointment is for five years, don't change the nature of the appointment, when it was mentioned in the advertisement that the appointment is on ad-hoc basis,we can not treated these appointments as contract appointments.