Reclaiming Pension Justice—Nakara and the 8th CPC

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 had during service.

But sadly, over the years, the spirit of Nakara has been weakened.
Several Supreme Court judgments—such as Krishna Kumar, Indian Ex-Services League, and Amar Nath Goyal—allowed segmentation, validated cut-off dates, and prioritized financial constraints over equality.

Due to these decisions, our pensions remain insufficient.
Instead of 67% of last pay, we are left with a maximum of 50%, often with no full parity and no arrears.

Now, coming to the 8th Pay Commission—this is the real issue that needs our united focus.

We must demand immediate constitution of the 8th CPC and early notification of its Terms of Reference.

These should include:

• Revision of minimum pension,

• Restoration of full parity,

• Automatic merger of Dearness Relief with pension,

• And representation of pensioners in CPC consultation processes.

To achieve this, we must act:

• Send email campaigns,

• Raise our voice on social media,

• And seek support from civil society and media allies.

The Nakara doctrine may have been diluted, but it is not dead.
It is our responsibility to revive it and fight for a pension system based on fairness, equity, and dignity.

Let us stand together. Let us speak together.

Thank you. Jai Hind.