Work Culture

Pension Benefits for Temporary Employees: Patna HC Lays Down the Law

Patna High Court has ruled that temporary employees with 15+ years of service are eligible for pension benefits.
June 3, 2023
Nitesh Padghan

The corporate world has seen its fair share of change, but this new development just might take the cake.


  • Patna High Court has ruled that temporary employees with 15+ years of service are eligible for pension benefits.
  • The judgment came after an application from a former temporary employee who was initially denied pension.
  • This ruling could potentially affect similar cases nationwide.

In an unprecedented move, the Patna High Court has ruled that temporary employees with over 15 years of service are eligible for pension benefits.

The lawsuit was based on a plea by Mr. Ram Vyas Dubey, a man who committed 25 years of his life to his job, retiring in 2010. Dubey’s request for pension benefits was originally denied due to his status as a temporary employee, a move he decided to challenge. In 2014, a single judge ruled in Dubey's favour, although this judgement faced pushback from the registrar general.

Fast forward to the present, the Patna high court, after reviewing the case, dismissed the appeal by the registrar general, solidifying the implementation of Rule 59 of the Bihar Pension Rules, 1950.

According to the division bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy, Rule 59 distinctly states that even if a person has served as a temporary employee, their service will be considered for pension, granted it's continuous and spans over 15 years.

This ruling essentially highlights the significance of continuous service and dedication, ensuring it's acknowledged and rewarded, regardless of the confirmation or regularization.

What does this mean for employees nationwide? The judgement could potentially set a precedent for similar cases across the country, promoting the recognition of dedicated service by temporary employees. This ruling not only recognises the commitment shown by such employees over time, but also emphasises the need to ensure fair treatment for temporary employees in securing their rightful pension benefits.

So, whether you're a temp worker or a permanent employee, it's clear that your years of service should, and will, count towards your retirement. The gavel has spoken.

Our Take

As a firm dedicated to corporate wellness, we welcome this landmark judgement. We believe that every employee's commitment and years of service, whether temporary or permanent, should be acknowledged and rewarded. This ruling aligns with our core values of employee wellbeing and fairness in the workplace. By recognising the dedication of temporary workers, we're taking another step towards a healthier, more equitable corporate culture. Now, that's a change we can all get behind!

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