OBSERVE PENSIONERS’ DAY ON 17TH DECEMBER 2014
17 th December is observed as Pensioners’ Day every year. It is on this day in 1982, that the famous Judgment in Nakara case was delivered by the Supreme court, which is treated as Magna Carta by the Pensioners.
What is the essence of the judgment? A portion from the judgment itself will be the explanation, which is given below:
“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 heyday of their life, ceaselessly toiled for the employer on an assurance that in their old age they would not be left in the lurch….”.
The judgment also stated that the persons retired earlier should not be put to a disadvantage in their old days compared to the later retirees. This judgment resulted in the Recommendations of the IV Central Pay Commission (1984) for pension Revision, whenever there is a pay revision through Pay Commission.
The Petitioner of the case, Shri D.S.Nakara, was a retired Financial Advisor in the Ministry of Finance and the case is called Nakara Case accordingly. The day of the judgment is observed as “Pensioners’ Day” by the various organisations of the Pensioners.
AIBDPA has given call to observe the Pensioners’ Day on 17th December 2014 by holding General Body Meetings and explaining the importance of the day with maximum participation.