Bharat Pensioners Samaj

Why Pension Revision by 8th Pay Commission is a Constitutional and Moral Necessity   Namaskar. This message is for every retired government employee, every senior citizen who gave the best years of their life in service to the nation, and every citizen who believes in fairness, justice, and dignity for the elderly. Today, we speak about a crucial issue      the need for upward revision of pension for existing pensioners by the 8th Central Pay Commission . Let us understand why this is not just a demand… but a constitutional, economic, and moral necessity.   Section 1 – Equality Under the Constitution In 1982, the Hon’ble Supreme Court, in the landmark case of D.S. Nakara versus Union of India , declared that pensioners form a homogeneous class . It held that pension cannot be denied or reduced just because someone retired earlier than others. This principle flows directly from Article 14 of the Constitution – the Right to Equality. When pay i...

 

Case for Pension Parity Between Past and Present Pensioners 1. Constitutional Foundation: Article 14 – Equality Before Law Article 14 of the Constitution guarantees that the State shall not deny to any person equality before the law or equal protection of the laws. This principle has been consistently held applicable to pensioners, who, despite retirement, continue to belong to a homogenous class. D.S. Nakara v. Union of India (1983) 1 SCC 305 : The Hon’ble Supreme Court held that arbitrary classification among pensioners based on date of retirement violates Article 14. Pensioners constitute a homogeneous class , and the State cannot create micro-classes among them unless backed by a rational and objective classification. 2. The Limited Rollback in Later Judgments: Distinction, Not Discarding While Krishan Kumar (1990) and Indian Ex-Services League (1991) restricted the applicability of Nakara , these rulings did not overrule it . They merely held that Nakara does not aut...

Title: Reclaiming Pension Justice – Nakara and the 8th CPC Dear comrades, Today I want to speak to you about two critical issues that concern all of us as pensioners: First, the validation provisions included in Part IV of the Finance Act 2025. Second, the urgent need for the constitution of the 8th Central Pay Commission. Let’s begin with the Finance Act. Many are confused, but let me clarify—this is not an amendment to pension rules. It is simply an attempt to give retrospective legal cover to administrative practices already in force, many of which would not survive judicial scrutiny. Now, let’s remember the historic judgment in D.S. Nakara v. Union of India delivered in 1982. It laid down three powerful principles: One, pension is not a charity—it is a deferred wage . Two, pensioners are a homogeneous class and cannot be divided based on their date of retirement. Three, pension must ensure a life free of want , allowing retirees to maintain the standard of living they h...

 

 

 

  Subject: Appeal for Nationwide Implementation of CMS/DLI’s Coordination Model for Enhanced Healthcare to Railway Pensioners To: The Director General (HR) The Director General (RHS) Railway Board, Ministry of Railways Rail Bhawan, New Delhi – 110001 Subject: Appeal for Nationwide Implementation of CMS/DLI’s Coordination Model for Enhanced       Healthcare to Railway Pensioners Respected Sir, Greetings from Bharat Pensioners Samaj (BPS), the oldest and largest national federation of pensioners recognized by the Government of India, Department of Pension & Pensioners’ Welfare. We write to extend our heartfelt appreciation for the exemplary initiative taken by Dr. Asha Rani, Chief Medical Superintendent (CMS), Delhi Division, who convened a highly impactful coordination meeting on 18th June 2025 with representatives of empanelled hospitals and pensioners. This initiative set a commendable precedent by fostering direct and constructive dialogue betwee...

  Dismissal of the claim of GDS for Gratuity under Payment of Gratuity Act, 1972 heard before the Asst. Labour Commissioner (Central), Vijayawada filed by  Sh. Chintalapudi Balayogi & 166 Ors, A.P circle No. 19-12/2025-GDS भारत सरकार /Government of India संचार मंत्रालय /Ministry of Communication डाक विभाग /Department of Posts (जीडीएस अनुभाग) /GDS Section डाक भवन, संसद मार्ग, Dak Bhawan, Sansad Marg, नई दिल्‍ली /New Delhi – 110001. Dated: 18-06-2025 To All Heads of Circles All Heads of Regions Subject: Dismissal of the claim of GDS for Gratuity under Payment of Gratuity Act, 1972 heard before the Asst. Labour Commissioner (Central), Vijayawada filed by  Sh. Chintalapudi Balayogi & 166 Ors, A.P circle reg. Sir/Madam, Attention is drawn to the orders dated 22.05.2025 (copy enclosed) of the Controlling Authority under the Payment of Gratuity Act, 1972 & Asst. Labour Commissioner (Central), Vijayawada, on the above subject, wherein the commission vide orders dated ...

  Grant of option to avail benefits under old pension scheme to All India Service officers covered under the National Pension System in the event of death during service or discharge from service on account of invalidation or disablement: DoP&T Order dated 09.05.2025 No.25014/01/2024-AIS-II(Pension) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel and Training North Block, New Delhi Dated 09 May, 2025 OFFICE MEMORANDUM Subject:- Grant of option to avail benefits under old pension scheme to All India Service officers covered under the National Pension System in the event of death during service or discharge from service on account of invalidation or disablement. Sir/Ma’am, I am directed to say that in accordance with rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021, every Government servant covered under the National Pension System (NPS) shall, at the time of joining Government servic...