ALL IS WELL—MOST TOUCHING POINTS TO THE OLD AGE: QUOTABLE QUOTES

FROM THE NAKARA JUDGEMENT: RETIREMENT BENEFITS AND THE SYSTEM STREAMLINED

(Compiled by: V.Seshadri,ASC/RPF/Retd, President, RPFPWA,SCR,SC)

The Great NAKARA will be remembered in all events of PENSIONER'S ISSUES. But for his endure and ever ending encounter with the war for the rights of the pensioners, the Honorable Constitution Bench of the Supreme Court of India could come out with such a exhaustive judgment on 17-12-1982 in Nakara Case in 1982 (W.P. 5939-5941/1980- D.S.Nakara and others Vs Union of India 1983-AIR130-SC) in favor of the pensioners declaring ‘pension as a basic right of the pensioner’. Some more quotable quotes: These are landmarks in pension history because they attempted for the first time to establish a comprehensive and uniform scheme for all who are now civil servants.

v  “…with a slight variation to suit the context Woolessey’s prayer: ‘had I served my God as reverently as I did my King I would not have fallen on these days of penury’ is chanted in these group of petitions in the Shelian tune:’ I fall on the thorns of life I bleed.’ Old age, ebbing mental and physical prowess, atrophy of both muscle and brain powers permeating these petitions, the petitioners in the fall of life yearn for equality of treatment which is being meted out to those who are soon going to join and swell their own ranks…”

v  Pension is a right and the payment of it does not depend upon the decision of the government but is governed by the rules and a government servant coming within those rules is entitled to claim pension…the grant of pension does not depend upon any one’s discretion…

v  Pension is not only compensation for loyal service rendered in the past, but pension also has a broader significance.. a measure of socio-economic justice which inheres economic security in the fall of life when physical and mental prowess in ebbing corresponding to aging process and therefore, one is required to fall back on savings.

v  The Constitution ( Article14) command to the State to afford equal protection of its laws sets a goal not attainable by the invention and application of a precise formula… that all persons placed in similarly circumstances shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation, and there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is substantially the same.

v  The quid pro quo was that when the employee was physically and mentally alert, he rendered unto master the best, expecting him to look after him in the fall of life. A retirement system therefore exists solely for the purpose of providing benefits.

v  The State (Article 39) shall strive to minimize the inequalities in income and endeavour to eliminate inequalities states, facilities and opportunities…thanks to the rising social and political consciousness and the expectations aroused as a consequence and the forward looking posture of this Court, the underprivileged also are clamoring for the rights and are seeking the interventions of the Court with touching faith and confidence in the Court. The Judges of the Court a duty to redeem their constitutional oath and do justice no less to the pavement dweller than to the guest of the Five-Star hotel.

v  Where all relevant considerations are the same, persons holding identical posts may not be treated differently in the matter of their pay merely because they belong to different departments. If that cannot be done when they are not in service, can that be done during their retirement?

v  Values determine contemporary socialism pure and simple…the principal aim of a socialist State is to eliminate inequality in income and status and standard of life. The basic framework of socialism is to provide a decent standard to life to the working people and especially provide security from cradle to grave.

v  The old age overtake each one, death being the fulfillment of life providing an economic security to those who have rendered unto society what they were capable of doing when they were fully equipped with their mental and physical prowess.

v  Last...(Article41) but not the least…In the fall of life the State shall ensure to the citizens a reasonably enact standard of life, medical aid, freedom from want, freedom from fear and the enjoyable leisure relieving the boredom and the humility of dependence in the OLD AGE…