Organise National Pensioners Day on 17th December.
It was on 17th December 1982 that the historic judgment on pension was delivered by the Five Member Bench of Supreme Court, consisting of Chief Justice Y.V.Chandrachud, Justice V.D.Tulzapurkar, Justice D.A.Desai, Justice O.Chinnappa Reddy and Justice Baharul Islam,which is called as the ‘Magna Carta’ of the Pensioners. The judgment was delivered in the case filed by ShriD.S.Nakara, a civil servant, who retired as Financial Advisor in Defense Ministry.
Shri. D S Nakera was compelled to approach the court, as the liberal Pension System, comparatively beneficial to the pensioners, implemented in 1979 was limited to those retired after 31-03-1979.
The judgment clearly stated that “the pensioners for receiving Pension form a class and there is no criterion on which classification of pensioners retiring prior to specified date and retiring subsequent to that date can provide a rational principle co-related to the object viz. object underlying payment of pensions…”
It also pointed out “(i) that Pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it creates a vested right subject to 1972 Rules which are statutory in character, because they are enacted in exercise of powers conferred by the Provisio to Art. 309 and Clause (5) of Art. 148 of the Constitution; (ii) that Pension is not an ex-gratia payment, but it is a payment for the past service rendered; and (iii) that it is a social welfare measure rendering socio-economic justice to those who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age, they would not be left in lurch…”
It also mentioned that “…A Pension Scheme consistent with available resources must provide that the pensioner would be able to live (i) free from want and with decency, independence and self-respect (ii) at a standard equivalent at the pre-retirement level..”
A good number such forceful statements are part of the judgment. But despite the judgment, the central government has not yet done justice to the pensioners, including non-implementation of the one-rank-one pension, in its true spirit, for the Ex- Servicemen of the Armed Forces despite sustained struggle by them. Option 1, which would have ensured parity in pension to a certain extent, recommended by the VII CPC was also rejected by the Government on flimsy grounds.
When we observe the National Pensioners Day this time, the pensioners are subjected to new form of attacks. The Government under the cover of Covid-19 pandemic is curtailing the existing benefits of the pensioners. Pension Revision to BSNL pensioners due from 01-01-2017 is being denied without any justice. The increased D.R installments for 18 months from 1st January 2020 for central pensioners are frozen. Increased IDA from 01-10-2020 is not paid to BSNL retirees. BSNL pensioners are also being harassed by denying their medical benefits.
AIBDPA calls upon all its units to observe Pensioners Day on 17th December suitably, jointly with other pensioners’ organizations, as far as possible according to local conditions, high lighting the judgment as also focusing on the present day demands of the pensioners.