PENSION IS NOT A BOUNTY NOR A MATTER OF GRACE
PENSION IS STATUTORY, INALIENABLE AND LEGALLY
ENFORCIBLE RIGHT.
The Full Constitution Bench of the Supreme Court of India headed by Chief Justice Y.B. Chandrachud and comprising Justice V.D. Tulsapurkar, Justice D.A. Desai, Justice O. Chinuappa Reddy and Justice Bhaharul Islam delivered a historic Judgement on 17.12.1982 on Pension. The Judgement is known as Magnacarta of the Pensioners. December 17 is celebrated as "Pension Day" all over India by Pensioners Organizations. The following are the excerpts from the Judgement.
"As per Indias Constitution, Government is obliged to provide social and economic security to Pensioners and that Govt. Retirees (Pensioners) had the Fundamental rights to Pension"
"States obligation to provide security in old age is recognized. As a first, Pension is treated not only as a reward for past service but with a view of helping the employee to avoid destitution in old age. When the employee is physically and mentally alert, he rendered the best unto the master expecting the master to look after him in the evening of his life. A pension is not in the nature of alms being rolled to beggars".
"Pension is not a bounty nor a matter of grace depending upon the sweet will of the employer. It is not an exgratia payment, but a payment for past service rendered. It is a social welfare measure rendering Socio-economic justice to those who in the hey days of their life, ceaselessly toiled for their employers on assurance that in their old age, they would not be left in lurch."
"Pension is therefore deferred wages. Pension is their statutory, inalienable and legally enforcible right and it had been earned by the sweat of their brow. The Senior Citizen need to be treated with dignity, courtesy befitting their age. A pension scheme consistent with available resources should therefore provide pension so that the pensioner should able to live (i) free from want, with decency, independence and self respect and (ii) at a standard living equivalent at pre-retirement level.
DEFEAT THE NEW PENSION BILL
The UPA-II Government has presented the New Pension Bill in the Parliament. CPI (M) Lok Sabha Leader, Com. Basudev Acharya, MP demanded voting. Both UPA and NDA MPs Voted in favour of introduction of the bill in Parliament. Only left party MPs opposed. Thus it is once again made clear that when it comes to economic policies there is no difference between NDA and UPA.
Even before passing the bill in Parliament the New Pension Scheme called "Contributory Pension Scheme" has already been made applicable to those employees who joined Central Govt. Services on or after 01.01.2004, through an executive order by the NDA Government. 10% of the pay and DA is being recovered from every employee who joined service on or after 01.01.2004, in each month towards Contributory Pension Scheme. On passing the bill by Parliament Pension Fund Managers will be appointed. Multi –national Corporate houses are waiting for their chance to become Fund Managers so that the accumulated huge amount in the Pension Scheme is share market oriented the Pension Fund will flow to the share market. If share market booms, the Pension Fund Managers can accumulate huge profit. If share market crashes, the Pension Fund will collapsed and the entire savings of the employees will be lost. The recent world economic crises has witnessed many such Pension Fund collapses and lacs and lacs of workers are deprived of their Social Security at old age.
The New Pension Scheme is a product of the globalization policy pursued by both NDA and UPA Government. UPA-I Government could not pass the bill as the
Supporting left parties had made it clear that they will withdraw support to the Government and vote against the bill. Government tried to make consensus by convening a meeting of all Chief Ministers. Out of 22 Chief Ministers only three Left Front Chief Ministers viz. West Bengal, Kerala and Tripura, opposed the New Pension Scheme. Now as UPA and NDA have joined together, the bill is likely to be passed in this Session of the Parliament. The New Pension Scheme can be made applicable to all including public and private sector employees.
There is a perception that the New Pension Scheme can be made applicable to the new entrants only. This is not correct. The Work Study Group appointed by Sixth Central Pay Commission has been asked to examine and submit report on the following terms of reference:
(i) to workout the existing and future pension liability of the Central Govt. Employees who are in service prior to 1.1.2004.
(ii) to work out the pension liability of those Central Government Employees appointed prior 1.1.2004 and whose age profile is between 30 years and 40 years.
(iii) to examine the feasibility of establishing a self –reliant Pension Fund with initial corpus fund provided by Government for the employees who are in service prior to 1.1.2004 and thus reduce the expenditure on pension.
The Sixth CPC has already made some observations regarding introduction of Contributory Pension Scheme to the employees who are in service prior to 1.1.2004.
Thus a serious threat looms large over the head of the entire Central and State Government Employees and section of the workers. Nationwide sustained campaign and united action by the entire working class is the need of the hour. The Confederation of Central Government Employees & Workers and the All India State Government Employees Federations has already given a call for nationwide campaign and protest demonstration. The question of organizing higher forum of trade union action including strike in under serious considerations.
NFPE calls upon the entirety of the Postal and RMS Employeesto organize effective campaign against the ill effects of the New Pension Bill and be ready for direct action if situation warrants.
Posted By: Abdul Rahiman TP, Secretary, PIII.
