Chief Justice Chandrachud who delivered the 17-12-1982 historical judgment
D.S.Nakara who fought heroically after his retirement for justice to all pensioners
Pensioners can never forget 17th December. It was on this day in the year 1982 that the historic judgment by the constitutional bench headed by the Chief Justice Chandrachud in the famous case filed by Nakara was delivered to up hold the fundamental right of pension by the Pensioners.
The judgment had categorically ruled that “ (i) that pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it create 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) 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 ’’
Incidentally Shri.Nakara who was born in the year 1914 and entered in Government Service in the year 1937 and retired in the year 1972 went to court and fought heroically for ten long years to get the above historic judgment in the year 1982 had passed away in the year 2009 at his age of 96. This year being the centenary year of his birth, it is appropriate to celebrate his centenary of birth along with the Pensioners Day on 17-12-2014 as the Day of “ Pensioners Day – Senior Citizens Day – and Centenary year of Birth of Nakara”.