ALL THE AIBDPA UNITS ARE REQUESTED TO OBSERVE PENSIONERS DAY ON 17-12-2016 WITH OTHER PENSIONERS ORGANISATIONS JOINTLY, WHERE EVER POSSIBLE, HIGHLIGHTING THE IMPORTANCE OF THE JUDGMENT.
The excerpts of the historical judgment in D.S.Nakara’s case is given under
1982 / D. S. Nakara And Others Vs Union Of India
D. S. Nakara And Others Vs Union Of India
CASE NUMBER Writ Petitions Nos. 5939-5941 of 1980 EQUIVALENT CITATION 1982-(002)-SCALE-1213-SC 1983-LIC-0001-SC 1983-UJ-0217-SC 1983-(001)-LLJ-0104-SC 1983-(001)-LLN-0289-SC 1983-(001)-SCC-0305-SC 1983-(001)-SLJ-0131-SC 1983-(002)-SCR-0165-SC 1983-(002)-SLR-0246-SC 1983-(047)-FLR-0042-SC 1983-AIR-0130-
SC CORAM- Baharul Islam D A Desai O Chinnappa Reddy V D Tulzapurkar Y V Chandrachud
DATE OF JUDGMENT 17.12.1982
JUDGMENT DESAI, J.-
31. From the discussion three things emerge (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 proviso to Art. 309 and clause (5) of Art. 148 of the constitution; (ii) that the pension is not an ex gratia payment but it is a payment for the past service rendered; and (iii) it is a social welfare measure rendering socio-economic justice to those who in the hey-day of their life ceaselessly toiled for the employer on as assurance that in their old age they would not be left in lurch. It must also be noticed that the quantum of pension is a certain percentage correlated to the averages emoluments drawn during last three years of service reduced to ten months under liberalised pensions scheme. Its payment is dependent upon an additional condition of impeccable behaviours seven subsequent to retirement, that is since the cessation of the contract of service and that it can be reduced or withdrawn as a disciplinary measure.
65. That is the end of the journey, with the expanding horizons of socio-economic justice, the Socialist Republic and Welfare State which we endeavour to set upon and largely influenced by the fact that the old men who retired when emoluments were comparatively low and are exposed to vagaries of continuously rising prices, the falling value of the rupee consequent upon inflationary inputs, we are satisfied that by introducing an arbitrary eligibility criteria : ‘being in service and retiring subsequent to the specified date’ for being eligible for the liberalised pension scheme and thereby dividing a homogeneous class, the classification being not based on any discernible rational principle and having been found wholly unrelated to the objects sought to be achieved by grant of liberalised pension and the eligibility criteria devised being thoroughly arbitrary, we are of the view that the eligibility for liberalised pension scheme of ‘being in service in the specified date and retiring subsequent to that date’ in impugned memoranda, Exhibits P-1 and P-2, violates Art. 14 and in unconstitutional and is struck down. Both the memoranda shall be enforced and implemented as read shown as under : In other words, in Exhibit P-1, the word : LAWNET INDIA CD Page 28 “that in respect of the Government servants who are in service of the 31st March, 1979 and retiring from service on or after that date”. and in Ex. P-2, the words : “the new rates of pension are effective from 1st April, 1979 and will be applicable to all service officers who became/become non-effective on or after that date.” are unconstitutional and are struck down with this specification that the date mentioned therein will be relevant as being one from which the liberalised pension scheme becomes operative to all pensioners governed by 1972 Rules irrespective of the date of retirement. Omitting the unconstitutional part it is declared that all pensioners governed by the 1972 Rules and Army Pension Regulations shall be entitled to pension as computed under the liberalised pension scheme from the specified date, irrespective of the date of retirement.
