Pensioners Day is observed by Service
pensioners in India on 17th December because Supreme Court of
India pronounced its landmark judgment in D S Nakara vs. GOI case on 17th December
1982. A Bench of SCI consisting of Chief Justice Mr. Y V Chandrachud, J. Mr. D
A Desai, J. Mr. O Chinnappa Reddy, J. Mr. V D Tulzapurkar and J. Mr. Bahrul
Islam delivered the classic judgment which is relevant even today; after 38
years....
Case was filed by D S Nakara, IFA in Ministry
of Defence (He was not a Trade Unionist) and Rear Admiral (Rtd) Mr. Satyendra
Singh of Navy; both retired in 1972. H D Shourie of Common Cause
(who is the pioneer in the Public Interest litigation in India) helped them.
A SIMPLE CASE BECAME SIGNIFICANT;
Maximum pension in central service was Rs 500
up to 17-4-1950.
Then it was raised to Rs 550 up to 17-4-1956
Again it was hiked to Rs 675 p.m. up to 1976.
Mr. Nakara and Mr. Satyendra Singh retired
during this period and got Rs 675 p.m.
From 29-2-1976 maximum pension was raised to
Rs 1000 p.m.
In September 1979 the Government introduced a
Liberalized Pension Scheme.
Maximum pension was raised to Rs 1500.
But a cut-off date was imposed. Those who retired after 31-3-1979 were only made eligible
for Rs 1500. Mr. Nakara and Mr. Singh continued to get Rs 675 while their
juniors got Rs 1000/1500. So they approached the Court against this arbitrary
cut-off date. They not only challenged the cut-off date; but also
raised many basic issues concerning concept of pension in
their affidavit. Mr. Shourie helped them a lot in this regard.
Naturally the Supreme Court had to make some observations on those basic
issues and that is why the said judgement turned out to be a landmark
one and is treated as Magnacarta for Pensioners in
India.
SC took only 3.5 years to deliver such a
landmark judgement.
The Judgement said: The cut-off date is
illegal. Benefit of liberalized pension Scheme shall be given to all pensioners
irrespective of date of retirement. And
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 live with decency and self
respect…
6) Any change in the rules made on
a particular date cannot be denied to those who retired before that
date; its benefits should be granted to all.
7) Pensioners
as a whole form a homogeneous class themselves. They cannot be divided
based on the date of their retirement.
EFFECT OF THE CASE:
a) Till then there was no pension
revision in central services. From 1986 onwards the pension revision came into
effect. In 1983, Government added Pension revision as a
new item in the Terms of Reference of 4th CPC.
b) While Sri Rajiv Gandhi was the PM
(1984-89) in 1985, a new Ministry of Personnel was created to take care of
pensioners and a new Department of Pension and Pensioners’ Welfare was also
created under the Ministry of Personnel.
“The Department of Pension &
Pensioners’ Welfare is the nodal department for formulation of policies
relating to pension and other retirement benefits of C.G. employees covered
under CCS (Pension) Rules, 1972 Apart from formulation of pension policy for
the Central Govt. Pensioners/Family Pensioners, it also seeks to promote
pensioners welfare and serves as a forum for the redressal of Pensioners’ grievances”
(Website of DoP&PW)
c) Standing Committee of
Voluntary Agencies was introduced to discuss the pension related issues of
central service staff.
d) Pension Adalat was
introduced.
e) Administrative Tribunals were
started to quickly hear and dispose the cases of central govt employees and
pensioners, though it failed in recent time.
f) Fifth CPC gave
‘complete parity’ and ‘modified parity’ in pension fixation.
g) The Sixth CPC and Seventh CPC also granted parity to the old pensioners.
Today, while observing Pensioners Day of 2020, Let us remember these gains. Let us pay our homage to late Shri. D S Nakara and late Shri. H D Shourie and also to the eminent Judges.
We BSNL retirees are covered by the CCS
Pension Rule 1972. DoP&PW is the nodal ministry for us. DoT cannot
take independent decisions regarding our pension. We submitted a proposal for
our pension revision and requested DoT take it up with DOPW. Pensioners
covered by same rule cannot be divided into different groups or Classes and
cannot be denied the benefits granted to some others covered by same
rule.
Time has changed. Now, ordinary people and old people do not dare to
go to court. Justice is delayed. “Justice delayed is justice denied” is
the dictum; nobody cares. Government in most of the cases files Appeal in HC,
Appeal in SC, Review Petition, Revision Petition and even Curative petition to
delay the process of justice.
Again we have to wait for the decision of the
same officers who denied justice.
One example is Our Pension Anomaly case.
CAT gave its decision in favour of pensioners
in December 2016. Department filed appeal in High Court, after
wasting lot of time. In January 2020, Delhi High Court upheld the CAT
judgement. Still it is not being honoured. We have filed contempt of court case
and that is pending. Now, half of the people affected have left the earth.
All the remaining are 80 years or above. “Justice” remains a mirage for them.
We confront new version of judicial activism;
We find new type of judges.