Court order, these personnel cannot claim service benefits at par with government employees


New Delhi. Supreme Court Justice M.R. Shah and Justice Sanjiv Khanna said that employees of autonomous bodies cannot claim equality with government employees merely because such organizations have adopted government service rules. “Whether or not to give some benefit to the employees should be left to the expert body and undertakings and the court cannot interfere in it in the ordinary course of time,” the bench said. Giving some benefits may have adverse financial consequences.


The Bench said, “Employees of Autonomous Bodies cannot claim the same service benefits as Government servants as a matter of entitlement.” and/or may have a representative of the Government on the Governing Council and/or simply because such institution is funded by the State or Central Government, the employees of such autonomous bodies claim equality with the employees of the State or Central Government can’t as a right.

The top court said that the order passed by the high court, directing the state to provide pension benefits to the employees of WALMI, does not stand both on law and on facts. The top court said that as per the laid down system of law, the court should refrain from interfering in policy decisions which may have cascading ramifications and financial implications. The apex court said that a cautious policy decision has been taken not to adopt the pension rules applicable to state government employees.



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