*Central Government Pensioners Betrayed- Must Protest Against the Finance Bill Passed by Lok
Sabha on 26.03.2025:* *_A Fight Against Discrimination and Injustice_*
*The Finance Bill passed by the Lok Sabha on March 26, 2025,* has sounded an alarm for central
government pensioners, jeopardizing their hard-earned rights and nancial security. This
draconian legislation is not merely a scal measure—it *is a betrayal of constitutional principles,
judicial mandates, and the dignity of those who dedicated their lives to public service.* The Bill
introduces *unjust distinctions among pensioners, undermines established norms, and grants
unchecked authority to the government,* e ectively placing a *Damocles' sword* over the heads
of millions of retirees.
*1. Arbitrary Predating of Date of E ect to 01.06.1972 – An Unjusti able Move*
A glaring injustice in the Finance Bill is the *arbitrary predating of the date of e ect to June 1,
1972.* This retroactive application de es established principles of law and equity, stripping
pensioners of their rightful entitlements. *Pensioners who retired after this date will be subjected
to an unjust system where their pensions can be arbitrarily revised or reduced, violating their
legitimate expectations and nancial stability.*
2. *Pensioners Form a Homogeneous Class – Supreme Court Judgments Ignored*
The Bill brazenly disregards landmark Supreme Court judgments that have consistently upheld
the principle that *pensioners form a homogeneous class and cannot be discriminated against
through arbitrary classi cations.*
*D.S. Nakara v. Union of India (1983):* The Supreme Court ruled that pensioners cannot be
divided into distinct classes based on arbitrary cut-o dates.
*Union of India v. SPS Vains (2008):* The Court mandated that pay and pension structures must
be uniform for o cers with similar service and rank.
*Maj. Gen. S.P. Kapoor v. Union of India (2008* ): Pension rules must be applied uniformly without
creating arti cial distinctions.
By introducing distinctions that y in the face of these judicial pronouncements, the *Finance Bill
violates established legal norms and weakens the rule of law.*
*3. Violates Articles 14 and 21 – An A ront to Constitutional Safeguards*
The Bill violates *Article 14 of the Constitution* , which guarantees ‘ *equality before the law’* by
creating arbitrary classi cations among pensioners. Pensioners who retired under similar
conditions and contributed equally to the nation’s growth are being subjected to *di erential
treatment based on the date of retirement or arbitrary conditions.*
Further, *Article 21,* which guarantees the ‘ *right to life and dignity,’* is also violated, as arbitrary
distinctions among pensioners deprive them of nancial security and dignity in their twilight years.
*Pension is not a charity but a deferred salary—a right earned through years of dedicated
service.* Subjecting pensioners to unpredictable changes reduces this right to a discretionary
allowance, undermining the very spirit of constitutional morality.
*4. Absolute Authority to the Government – A Dangerous Precedent*
*The Bill vests unchecked and absolute authority in the government* to alter pension structures
at will, leaving pensioners vulnerable to arbitrary decisions. This provision *violates Article 300A,*
which protects property rights, including pension entitlements, and strips pensioners of legal
safeguards. By granting the government sweeping powers without parliamentary scrutiny, the Bill
*creates a climate of perpetual uncertainty and fear,* transforming pensioners into passive
subjects of executive discretion.
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5. *Distinctions Among Pensioners – A Clear Violation of Established Norms*
*The Finance Bill introduces unjust distinctions among pensioners,* dividing them into arbitrary
classes and creating disparities where none should exist. *This blatant discrimination violates
established norms and constitutional principles:*
*D.S. Nakara Case (1983):* Pensioners cannot be treated di erently based on their date of
retirement.
*SPS Vains Case (2008):* Pay and pension parity must be maintained across similarly placed
retirees.
*Maj. Gen. S.P. Kapoor Case (2008):* Uniform application of pension rules is mandatory to
prevent unjust discrimination.
*Pensioners with identical service records and contributions should not be subjected to
di erential treatment.* Such arti cial classi cations erode the sanctity of pension as a right and
create an atmosphere of perpetual inequality, which goes against the very essence of Article 14.
*6. Why Verbal or Written Assurances Hold No Weight*
Since this *Finance Bill is a parliamentary legislation,* verbal or written assurances by ministers or
government o cials *carry no legal sanctity.* History has shown that ' *assurances' made during
discussions or through o cial correspondence cannot override statutory provisions.* Once the
Bill is enacted, these assurances will be meaningless, making it imperative for pensioners to resist
the legislation through uni ed action rather than rely on hollow promises.
*7. Creates a Precedent for Perpetual Discrimination*
The Bill not only harms current pensioners but also *sets a dangerous precedent for future
retirees.* By introducing arbitrary classi cations today, *future pensioners are left vulnerable to
similar injustices, creating a cycle of perpetual discrimination.*
*Retrospective application of changes deepens the divide between di erent classes of
pensioners.*
*Future pensioners may be subjected to arbitrary changes, perpetuating inequality and injustice.*
*8. Why the Protest Day Must Be a Resounding Success*
Given the grave implications of the Finance Bill, the *_protest day called by central government
pensioners' associations must be turned into a massive, thundering success._* Pensioners across
the country must rise in unison, not merely to safeguard their own interests but *to protect the
very sanctity of constitutional guarantees and judicial pronouncements.*
*To safeguard hard-earned pension rights:* The government cannot be allowed to erode
pensioners’ rights through stealth and subterfuge.
*To uphold constitutional values:* This ght transcends pensions; it is a battle to preserve the rule
of law and constitutional morality.
*To protect future generations:* Today's inaction will create a dangerous precedent, jeopardizing
the nancial security of future retirees.
*9. A Call to Action – Unite, Resist, and Protect Our Rights*
“ *Equality is not a matter of charity; it is a fundamental right.”*
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Pensioners, who once safeguarded the nation’s infrastructure and administrative machinery, must
now rise to safeguard their own dignity and rights. Let this protest be not just a demonstration but
a *symbolic revolt against injustice,* echoing the sentiments of millions whose voices demand
justice.
*“We owe it to ourselves, to future generations, and to the very spirit of democracy to stand rm
against this legislative assault. Let our voices resonate so loudly that no authority dares to trample
upon our rights again.”*
Let the *protest day be a thundering a rmation of solidarity, a call to conscience, and a resolute
stand against tyranny.* This is not just about pensions— _it is about upholding dignity, equality,
and justice._
*By Com K.D.Sebstian,
CHQ/ President, SNPWA*
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