17th December, 2016 is our pensioner's day

1. It is very opt and with a salutation to our Father of the Pensioners, OUR BELOVED LEADER Late. D.S. NAKARA, let us CELEBRATE OUR “PENSIONER’S DAY”

2. On this day, the 17th December, 2016, we are very happily and with joy celebrating it as “Pensioner’s Day”. We owe to HIM.

3. He is the person unquestioningly with vigour and righteous acts, even without compromising with his age, health, economic conditions, fought with the GOI almost for over 32 years (1972-1982) and reached the PINNACLE in getting the GOI to bow down to RIGHT OF THE PENSIONER’S TO GET EMPLOYEES’ EARNED RETURNS AS PENSION ON COMPLETION OF SERVICE FROM THE EMPLOYER / MASTER:

4. The Honourable Apex Court, very rightly recognised his efforts by displaying a Quotable Quote -

5....”...to suit the context Woolessey's prayer: "Had I served my God as reverently as I did my King I would not have fallen on these days of Penury" is chanted by petitioner in this group of petitions in the Shelian tune: "I fall on the thorns of life I bleed." Old age, ebbing mental and physical prowess, atrophy of both muscle and brain powers permeating these petitions, the petitioners in the fall of life yearn for equality of treatment which is being meted out to those who are soon going to join and swell their own ranks...”

6. This quote, the phrase, incorporating in the Judgment itself can just be imagined as to how our great Leader taken the strenuous pain to succeed in his efforts through Courts of Law in India.... which we are all getting as “ pension”.

7. WE, as PENSIONERS, cannot forget the year 1982--- 34 years back, on this day – the 17thDecember in the year 1982, the Honourable Supreme Court of India, delivered its historical Judgment making the Pensioner as a person to be respected with full honours and with payment of PENSION as of his right and not a mercy of the Employer/ THE GOI.

8 .In this case --- Writ Petitions Nos. 5939-5941 of 1980 --- the PETITIONER - D.S. NAKARA & OTHERS Vs. RESPONDENT: UNION OF INDIA, DATE OF JUDGMENT-17/12/1982, the Honourable Apex Court observed... MAKING OUT A MEANINGFUL AND DEFINIET DEFINITION ON ‘PENSION’ –

9. ”...it can be said with confidence that pension is not only compensation for loyal service rendered in the past, but pension also has a broader significance, in that it is a measure of socio-economic justice which inheres economic security in the fall of life when physical and mental prowess is ebbing corresponding to aging process and therefore, one is required to fall back on savings. One such saving in kind is when you gave your best in the hey-day of life to your employer, in days of invalidity; economic security by way of periodical payment is assured. The term has been judicially defined asa stated allowance or stipend made in consideration of past service or a surrender of rights or emoluments to one retired from service. Thus the pension payable to a Government employee is earned by rendering long and efficient service and therefore can be said to be a deferred portion of the compensation or for service rendered. In one sentence one can say that the most practical raison d’etre for pension is the inability to provide for oneself due to old age. One may live and avoid unemployment but not senility and penury if there is nothing to fall back upon...”

NOW, SIR:

It is not out of place if I mention few words on ‘GRATUITY’.

10. WE, the Railway Pensioners, are getting the DCRG/ Gratuity as per ‘Railway Pension Rules - ‘ limiting Gratuity calculations’ formula / payment to the maximum of 33 years only and rest of the years served is not being taken into account.

11. The Rules so framed are found to be out of the frame work and against the provisions of the Law, the Payment of Gratuity Act, 1972 and the employees/pensioners are deprived of their rightful emoluments as laid in the Law.

12. As per the Act, vide section 4(2) of the Payment of Gratuity Act, 1972, the employee is entitled to receive gratuity in full for the entire period of service rendered continuously for the Employer, and as per provision of Section 14 of the Act, better provisions for payment of Gratuity, if made, (example: Separate Rules were made by Banks, Public Undertakings, etc. for counting of full years of service rendered( say-40 years) and payment of amount even exceeding the limitation made in the Act ), shall have over riding effect on the provisions of the Act as the employee is the beneficiary getting sizeable amounts as per his service and beyond stipulated ceiling amount.

13. Ministry of Railways, Railway Board, on my correspondence on this issue, have informed vide reference letter No. RTI/ RB/RTI/2015/0100057417/57405 dated 04-03-2016, that..." In respect of Payment of Gratuity Act, 1972, Ministry of Labour & Employment is the Nodal Department of the GOI and all instructions are issued by them...” and directed me to contact the Ministry of Labour and Employment for any information on this Act."

14. On my Representation, the Ministry of Labour and Employment vide its letter No. S-42015/02/2016-SS-II dated 04-05-2016 stated that" as per the available records in the Section, no documents relating to exemption to Railways under section 5 of the Payment of Gratuity Act, 1972 are available."

15. Thus, any Rules made providing for payment of Gratuity shall not be inconsistent with the Law and that any Rules for payment of Gratuity so made, shall be more beneficial to the employee.

16. Here, in our case, the Railways have made their own set of Pension Rules, including payment of Gratuity duly limiting the maximum number of years of service to that of 33 years and extra years, more than 33 years are just ignored and brushed aside.

17. SIR, On this day-17-12-2016, we are celebrating the day as PENSIONERS’ DAY, I humbly request the Ministry of Labour and Employment, the NODAL MINISTRY / DEPARTMENT TO BESTOW ITS REASONABLE AND JUST THINKING ON THIS ISSUE AND RENDER JUSTICE TO ALL THE EMPLOYEES / PENSIONERS, AS IS BEING FOLLOWED IN INDIAN BANKS AND OTHER PUBLIC UNDERTAKINGS.