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.