On
17.12.1982, the Supreme Court of India pronounced its landmark judgement
in D S Nakara vs. GOI case. A Bench of SCI headed by the then Chief Justice Y V
Chandrachud, J.D A Desai, J. O Chinnappa Reddy, J. V D Tulzapurkar and J.
Bahrul Islam gave the classic judgement which is relevant even today. The
judgement tells a lot beyond the particular issue,because Late Shri H D Shourie
raised many basic issues concerning pension in their Affidavit.The Judgement
said:
1) Pension is neither a bounty nor a grace
2) Pension is not an ex gratia payment
3) Pension is a social welfare measure
4) It creates a vested right subject to 1972 rules which is
statutory in character
5) A pension scheme must enable the pensioner live from want
and with decency and self respect…
EFFECT
OF THE CASE:
a) Till then there was no pension revision in central
services. From 1986 onwards the pension revision came into effect.
b) While Sri Rajiv Gandhi was the prime minister (1984-89) a
new Ministry of Personnel was created to take care of pensioners.
c) A new Department of Pension and Pensioners’ Welfare was created
c) A new Department of Pension and Pensioners’ Welfare was created
d) Standing Committing of Voluntary Agencies was introduced
to discuss the pension related issues of central service staff. Now SCOVA is
not effective.
e) Pension Adalat was introduced.
f) Administrative Tribunals were started to quickly hear and
dispose the cases of central govt employees and pensioners, though it failed in
recent time.
g) Fifth CPC gave ‘complete parity’ and ‘modified parity’ in
pension fixation.
h) Sixth CPC and Seventh CPC also granted parity to the old
pensioners.
Let us
remember these while observing Pensioners Day on 17-12-2018. Let us pay our
homage to late Shri D S Nakara and late Shri H D Shourie and also to the eminent Judges.
…..
PSR