On 17.12.1982, the Supreme Court of India pronounced its landmark judgement in D S Nakara vs. GOI case. A Bench of SCI headed by the then Chief Justice Y V Chandrachud, J.D A Desai, J. O Chinnappa Reddy, J. V D Tulzapurkar and J. Bahrul Islam gave the classic judgement which is relevant even today. The judgement tells a lot beyond the particular issue,because Late Shri H D Shourie raised many basic issues concerning pension in their Affidavit.The Judgement said:
1) Pension is neither a bounty nor a grace
2) Pension is not an ex gratia payment
3) Pension is a social welfare measure
4) It creates a vested right subject to 1972 rules which is statutory in character
5) A pension scheme must enable the pensioner live from want and with decency and self respect…
EFFECT OF THE CASE:
a) Till then there was no pension revision in central services. From 1986 onwards the pension revision came into effect.
b) While Sri Rajiv Gandhi was the prime minister (1984-89) a new Ministry of Personnel was created to take care of pensioners.
c) A new Department of Pension and Pensioners’ Welfare was created
d) Standing Committing of Voluntary Agencies was introduced to discuss the pension related issues of central service staff. Now SCOVA is not effective.
e) Pension Adalat was introduced.
f) Administrative Tribunals were started to quickly hear and dispose the cases of central govt employees and pensioners, though it failed in recent time.
g) Fifth CPC gave ‘complete parity’ and ‘modified parity’ in pension fixation.
h) Sixth CPC and Seventh CPC also granted parity to the old pensioners.
Let us remember these while observing Pensioners Day on 17-12-2018. Let us pay our homage to late Shri D S Nakara (some people write as Nakra, which is not correct) and late Shri H D Shourie and also to the eminent Judges.
….. PSR