NEWS FROM CHQ
PENSIONERS’ DAY: 2018
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
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
COMMITTEE OF BSNL/MTNL PENSIONERS ASSOCIATIONS HAS WRITTEN THE FOLLOWING LETTER TO THE NEW ADDITIONAL SECRETARY, TELECOM ON PENSION REVISION IN BSNL AND MTNL.
My wishes to all the pensioners and specially my co-pensioners of BSNL. The message of this day (Dec 17th) is the principle of modified parity to the past pensioners linking them with their future pensioners. The concept of oneness thro one rank one pension is seen as a justified one. By asking 'delinking' we are unfortunately giving up this principle of parity with our future pensioners. This one is tantamount to say to keep us the past pensioners to rank high against our future pensioners and yielding to treat equals differently.
ReplyDeleteAny Pay Revision is not only providing pay revision to employees in service and continuing the service, but also giving pension revision to the retirees during post pay revision period. This pension revision of those category pensioners is only linked to the past pensioners for their pension revision based on the above said principle. Pay revision is for all serving employees but when it leads to pension revision for some pensioners who were eligible for pay revision then the principle of modified parity is applicable to the past pensioners. In today's condition the past retirees of BSNL can get a link only from the future retirees of BSNL alone, not from future retirees of central govt.
- R.Pattabiraman BSNL IDA Pensioner 14-12-18