PENSIONER'S RIGHTS - Article by Shri. Bruhaspati Samal

Pensioners Rights

 

Bruhaspati Samal

General Secretary

Confederation of Central Govt. Employees and Workers

Odisha State Coordination Committee, Bhubaneswar

Mobile: 9437022669

 

This article "Pensioners Rights" has been published today (4th April 2025) in OrissaPost . Deep regards and thanks to the editor of OrissaPost and his entire team for publishing this article at a time when the entirety of Pensioners fraternity is struggling to defend pension organizing nationwide agitation in protest against Finance Act 2025.

On March 25, 2025, the Government of India passed a bill along with the Finance Bill 2025, introducing a controversial provision that has sparked outrage among pensioners and legal experts alike. This legislation seeks to classify pensioners who retired in the past as a separate category, effectively denying them benefits that may be granted to those retiring after the bill’s enactment. The move has been widely criticized as an attempt to bypass the landmark Supreme Court judgment that upholds the constitutional right to equality for all pensioners.

 

At the heart of the issue is the government’s assertion that pensioners of the same class can be divided based on an artificial cut-off date. According to this perspective, those who retired earlier should not be entitled to benefits granted to future retirees. This argument stands in stark contrast to the principles laid down by the Supreme Court, which had previously ruled that the government cannot arbitrarily divide pensioners of the same class. The attempt to introduce such a significant change within the Finance Bill, rather than as a separate piece of legislation, raises concerns about the government’s intentions. Many see this as a deliberate effort to push the bill through without due debate, especially given that it was passed despite strong opposition.

The Indian Constitution guarantees equality before the law under Article 14. This fundamental right ensures that no individual or group is subjected to arbitrary discrimination by the state. The Supreme Court, in its landmark ruling in Union of India vs. D.S. Nakara (1982), explicitly held that pensioners form a homogeneous class and cannot be treated differently based on arbitrary dates of retirement. The Court’s decision reinforced that pension is not a mere bounty but a right, and any unjust distinction between pensioners violates the principles of equality and fairness.

By introducing an artificial distinction between past and future pensioners, the government is effectively contradicting this well-established legal precedent. The imposition of cut-off dates to deny benefits to older pensioners is not only discriminatory but also unconstitutional. The principle of pension parity ensures that those who have retired earlier receive the same benefits as those retiring later, provided they belong to the same service category. The government's move seeks to undo this principle, setting a dangerous precedent for future policies.

The implications of this bill are far-reaching. If implemented, it would mean that pensioners who retired before a specified date would be denied enhancements in pension amounts, medical benefits, and other allowances that may be granted to newer retirees. This would create significant disparities, making older pensioners vulnerable to financial difficulties and limiting their access to essential benefits. Many retired government employees depend solely on their pensions for their livelihood, and any attempt to curtail their entitlements could have severe consequences on their quality of life.

Beyond its legal and financial implications, this move also raises ethical concerns. Pensioners are individuals who have devoted decades of their lives to government service. Denying them rightful benefits simply because they retired earlier is not just unfair but also morally indefensible. The government has a responsibility to treat all pensioners with dignity and respect. Instead of discriminating based on retirement dates, it should work towards ensuring that all retirees receive adequate financial support, especially as they grow older and their healthcare needs increase.

The passage of this bill has rightly triggered strong opposition from pensioners’ associations, legal experts, and political parties. Many have condemned the government’s attempt to push the bill through the Finance Bill without open discussion. The move has also led to calls for legal intervention, with experts suggesting that the matter may soon be challenged in the Supreme Court. Given the clear constitutional violations, there is a strong case for striking down the provision and reaffirming the rights of pensioners.

It is imperative that the government reconsiders its position on this issue. Pensioners are not a burden on the state but individuals who have contributed to the country’s development. Denying them rightful benefits undermines not only their rights but also the broader principles of justice and equality. Any attempt to create divisions among pensioners should be met with firm resistance, both legally and through public discourse.

The government must uphold the Supreme Court’s ruling and ensure that pensioners, regardless of their retirement date, receive equal treatment. The constitutional guarantee of equality cannot be compromised for administrative convenience or financial considerations. It is the duty of lawmakers, civil society, and legal institutions to stand against such discriminatory policies and protect the rights of pensioners. Any deviation from this fundamental principle would not only violate the Constitution but also erode public trust in the government’s commitment to justice and fairness.

(The writer is a Service Union Representative and a Columnist. eMail: samalbruhaspati@gmail.com, Mobile: 9437022669)

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