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Thursday, February 12, 2009
6th CPC & the Supreme Court Judgement.
Supreme Court.(1983/SCC/205U305)No.5939-5941/1980) D.S.Nakra and other vs UOI. (AIR 1983, SC 130)
This judgment of 17-12-1982 on this case, is a landmark in the evolution of the pension structure for past pensioners and in the history of pensioner' movement. It was on this day that the Supreme Court spelt out the Magna Carta of Pensioners. It gave the pensioners a new lease of life. It bestowed dignity and status to the pensioners. For pensioners, that has become the law of the land. That is why 17th of December of every year is celebrated all over India as "Pensioners' Day".
Shri D.S.Nakra, the Petitioner of the case was the Financial Advisor to Ministry of Defence, Government of India in 1971.
The judgement says:-
"that Pension is not a bounty nor a matter of grace depending upon the sweet will of the employer. It is not an ex-gratia payment, but a payment for past services rendered. It is a social welfare measure, rrendering socio-economic justice to those who in the hey days of their life, ceaselessly toiled for their employers on an assurance that in their old age, they would not be left in the lurch".
"It is State's obligation to provide security in old age, ......pension is not in the nature of alms being doled to beggars. Pension is their deferred wage. Pension is their statutory, inalienable and legally enforceable Right and it has been earned by the sweat of their brow. The Senior Citizens need to be treated with dignity and courtesy befitting their age"
Pension is not only compensation for loyal service rendered in the past, but pension has also a broader significance, in ther it is a measure of socio-economic justice which inheres economic security in the fall of life, when physical and mental process is ebbing corresponding to aging process and, therefore one is required to fall back on savings...........
A Pension scheme consistent with available resources, must provide that a pensioner would be able to live free from want, with decency, independence and self respect, at a standard of living equivalent to the pre-retirement level........
By this judgment, the court has held that the GOI cannot pick a date from a hat and implement its orders. It follows from this judgment, that for equal service in the same post and for same length of total service, there should be no unequal treatment in the matter of pension, merely because their date of retirement are different. It also brings out that any classification of pensions, based on retirement date, is invalid and any liberalization granted to subsequent pensioners (who retired later) is automatically admissible to the earlier retired pensioners as well.
While the 4th and the 5th Central Pay Commissions had respected the Supreme Court judgement, why the 6th CPC had ignored the Judgement.?
Shall we approach the Supreme Court again ? Then What is the solution ? The Defence pensioners are the most affected lot in this discrimination of pre 2006 and post 2006 pension fixation. Let us all join together and think what should be done ?