PENSIONERS' DAY

PENSIONERS’ DAY ON 17TH DECEMBER

16/12

Indian pensioners’ community observe 17, December as PENSIONERS DAY. Because it was on 17, December 1982, the Supreme Court of India delivered its landmark judgement in the case filed by late Mr D S Nakara and others.

BACKGROUND IN BRIEF

The first Pay Commission (1946-47) recommended that pension should be 1/80 of each year of service completed. Maximum pension in central service was suggested as Rs. 8000 per year. Govt raised it to Rs 8100 per year; means Rs 675 per month. The Second CPC (1957-60) did not change it. III CPC (1970-73) also did not consider the plight of old pensioners.

On 25, May 1979 the Government introduced a ‘liberalised pension scheme”. The ceiling on maximum pension was raised from Rs 675 to Rs 1000 per month. But, the order said that the new scheme would be applicable only to those who were in service on 31st March 1979. Since Mr D S Nakara and Mr. Satyendra Singh, two officers, retired before 31-3-1979, they continued to get Rs 675 as monthly pension. They approached the Court of Law to remove this ‘cut off date” of 31-3-1979.

A five member bench of Supreme Court delivered a judgement on 17-12-1982 stating that such cut-off date is against the Constitution.

Not only that.

Supreme Court made very categorical statements about pension etc. Thus the Judgement in Nakara Case became a landmark judgement in the history of Indian judiciary. It has become the ‘magna carta’ for Indian pensioners. Many subsequent judgements, reports of IV CPC, V CPC, VI CPC and the VII CPC also quoted this judgement. Old pensioners get some benefit only because of this judgement.

VII CPC.

The seventh Pay Commission has recommended that pension of those who retired before 1-1-2016 should be multiplied by 2.57. Suppose a person was getting Rs 10,000 as monthly pension, then his new basic pension will be: Rs 25700.What is the real increase?

Basic Pension: ... Rs 10,000

DA as on 1-1-2016: ... Rs 12,500

Total recd: ... ... Rs 22,500

Increase will be ...........Rs 3,200

32 percent of existing basic pension or 14.2 percent of existing total pension.

THE FITMENT FORMULA

The fitment formula of 2.57 was arrived at because the VII CPC fixed new minimum pay in Central Govt. Services as Rs 18000. 2.57 times of Existing minimum pay of Rs 7000. This new minimum pay of Rs 18000 is most irrational and unscientific. Staff Side has demanded that it should be at least Rs 26,000. Government may consider it.

PENSIONERS’ DAY IN 2015

When we, BSNL/MTNL retirees, observe the Pensioners Day 2015, we are waiting for a government decision on the demand for revision of our pension with 78.2%. There should not be a cut-off date like 1-1-2007 or 10-6-2013.Those who were in service on 10-6-2013 and retired thereafter are getting pension with 78.2%. Those who retired before that cut off date are denied the benefit.This is against the judgement in Nakara case. This injustice should be ended immediately. Central government pensioners will get a pension revision from 1-1-2016, as recommended by CPC or as revised by the Government. We are also central government pensioners. There should not be any discrimination in this matter too. That is what Supreme Court declared on 17-12-1982.

Hence, Nakara Case Judgement is important to us.

Pensioners Day is important to us.