SN (a 1992 pensioner)

LIC Pensioners have been very anxiously awaiting for last many months for the Supreme Court's final judgement. The judgement, hopefully in favour of pensioners, would be pronounced shortly.  

D.S.Nakara & others/Union of India is a landmark judgement (1982) in Pensioners' history. The Apex Court has held more than thirty year ago that the pensioners are a homogenous class and dividing them is unconstitutional. The new rate of pension - revised pension under the liberalised pension scheme should be made applicable to all pensioners irrespective of dates of their retirement. The judgement  reportedly has been referred to in all pension related court cases. The judgement has also been extensively quoted by the the Fifth Central Pay Commissions in its recommendations for updating of pension to all the pensioners including the pre and the post 1986 pensioners and family pensioners on notional basis. The pensioners and family pensioners got arrears from 01-01-1996. The Sixth CPC has given much more. It is worthwhile to recapitulate the Concept of Social Justice and the concluding and operative part of the judgement ( only the portion/ part of judgement relevant to LIC Pensioners cases- furnished below - reproduced from the Net ) on the eve of the judgement of the Supreme Court on the LIC Pensioners petitions.

Concept of Social Justice : " D. S. Nakara & others v. Union of India, the Supreme Court has held that the principal aim of a socialist state is to eliminate inequality in income, status and standards of life. The basic frame work of socialism is to provide a proper standard of life to the people, especially, security from cradle to grave. Amongst there, it envisaged economic equality and equitable distribution of income. This is a blend of Marxism & Gandhism, leaning heavily on Gandhian socialism. From a wholly feudal exploited slave society to a vibrant, throbbing socialist welfare society reveals a long march, but, during this journey, every state action, whenever taken, must be so directed and interpreted so as to take the society one step towards the goal."

The concluding and operative part of the Judgement :
" That is the end of the journey, with the expanding horizons of socio-economic justice, the Socialist Republic and Welfare State which we endeavour to set upon and largely influenced by the fact that the old men who retired when emoluments were comparatively low and are exposed to vagaries of continuously rising prices, the falling value of the rupee consequent upon inflationary inputs, we are satisfied that by introducing an arbitrary eligibility criteria : 'being in service and retiring subsequent to the specified date' for being eligible for the liberalised pension scheme and thereby dividing a homogeneous class, the classification being not based on any discernible rational principle and having been found wholly unrelated to the objects sought to be achieved by grant of liberalised pension and the eligibility criteria devised being thoroughly arbitrary, we are of the view that the eligibility for liberalised pension scheme of 'being in service in the specified date and retiring subsequent to that date' in impugned memoranda, Exhibits P-1 and P-2, violates Art. 14 and is unconstitutional and is struck down. Both the memoranda shall be enforced and implemented as read shown as under : In other words, in Exhibit P-1, the word :That in respect of the Government servants who are in service of the 31st March, 1979 and retiring from service on or after that date" and in Ex. P-2, the words :" the new rates of pension are effective from 1st April, 1979 and will be applicable to all service officers who became/become non-effective on or after that date." are unconstitutional and are struck down with this specification that the date mentioned therein will be relevant as being one from which the liberalised pension scheme becomes operative to all pensioners governed by 1972 Rules irrespective of the date of retirement. Omitting the unconstitutional part it is declared that all pensioners governed by the 1972 Rules and Army Pension Regulations shall be entitled to pension as computed under the liberalised pension scheme from the specified date, irrespective of the date of retirement."

SN ( a 1992 Pensioner )