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Friday, December 18, 2020

Sh.D.S.Nakara & Pensioners

 All of us are aware that 17th December is an important day as far as Pensioners in India, are concerned. 17th December cannot be forgotten by all Pensioners because it was on this day in the year 1982 that the Supreme Court delivered a landmark judgment guaranteeing dignity and decency to the retired officials and pensioners.    
The historic judgment up holding the fundamental right of pension by the Pensioners was delivered by the constitutional bench headed by the Chief Justice Chandrachud in the famous case filed by Shri D.S.Nakara.  ‘Pensioners Day’ is celebrated in our country to remember, with gratefulness, the late Shri D.S. Nakara (1914-2009).
Shri D. S. Nakara, Financial Advisor to Ministry of Defense, (an officer from Indian Defense Service Audit and Accounts) who was born in 1914, entered in Government Service in the year 1937 and retired in 1972. He faced many problems in getting pension. Finally he lodged a petition in the Supreme Court.   
He went to court and fought heroically for ten long years to get the above historic judgment in the year 1982 and passed away in the year 2009 at his age of 96.
In the land mark judgment given by Late Justice Y.V. Chandrachud, then Chief Justice - Supreme Court of India, in the famous Nakara's case on pension in D.S. Nakara & Others vs Union Of India on 17 December, 1982 Equivalent citations: 1983 AIR 130, 1983 SCR (2) 165, the Hon’ble Chief Justice proclaimed:
“(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 pension is not an ex-gratia payment but it is a payment for the past service rendered, and  
(iii) that 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 lurch.
(iv) that pension as a retirement benefit is in consonance with and in furtherance of the goals of the Constitution.’’
So let us remember Late Shri D. S. Nakara who fought for the dignity and decency of all retired officials and pensioners.
HAPPY PENSIONERS' DAY AND LONG LIVE PENSIONERS' UNITY.