Govt move to discriminate past and future pensioners - Statement by AITUC (March 28, 2025)

All India Trade Union Congress (AITUC)

Press Release

The following statement was released by Amarjeet Kaur General Secretary AITUC, today on 28th March 2025

AITUC Condemns the Unilateral Decision of the BJP led NDA Government to discriminate past and future pensioners

AITUC demands to immediately withdraw the cruelty shown towards the pensioners

AITUC calls upon the entire Central and State Government Employees / Pensioners and their Organisations to immediately plunge into action programmes protesting against the Government’s apathy towards the Pensioners

Social Security and Old Age Pension has become the cruel target of the present Central Government. On a shocking and surprise move the finance minister while placing the Finance Bill in the Parliament in Part IV of the Bill has amended the CCS (Pension) Rules against the interest of pensioners without holding any discussion with the stake holders. The amendment excludes the existing pensioners from the benefits of the 8th Pay Commission and making them applicable only to those Central Government Employees who retire after the implementation of 8th Pay Commission recommendations. “One Rank One Pension” is always the demand of Armed Forces Personnel and “Parity between the past and future pensioners” is the demand of the Central Government Civilian Pensioners. The 5th Central Pay Commission and the 6th Central Pay Commission have specifically recommended about the necessity to achieve parity between the past and the future pensioners. The recommendation of the 6th Central Pay Commission to maintain the modified parity between present and future retirees to be given the same benefit was accepted by the government and implemented. Similarly, the 7th Central Pay Commission also recommended parity between those pensioners who retired prior 01/01/2016 and those who retired after 01/01/2016, even though full parity was not extended and it is a pending demand of the employees and pensioners.

Apart from the above, the Hon’ble Supreme Court in its Judgment in Civil Appeal No.10857 of 2016 has specifically ruled that there is no valid justification to create 2 classes of pensioners viz. One who retired prior to 1996 and another who retired post 1996 for the purpose of the grant of revised pension. Such classification has no nexus with the object and purpose of grant of revised pension. All the pensioners form a one class who are entitled to pension as per pension rules. Article 14 of the Constitution of India ensures to all, equality before law and equal protection of laws. A valid classification is truly a valid discrimination. Therefore, whenever a cut-off date (as in the present controversy) is fixed to categorise one set of pensioners for favourable consideration over others, the twin test for valid classification or valid discrimination therefore must necessarily be satisfied. The Supreme Court also observed that the object and purpose for revising the pension is due to the increase in the cost of living. All the pensioners form a single class and therefore such a classification for the purpose of grant of revised pension is unreasonable, arbitrary, discriminatory and violative of Article 14 of the Constitution of India.

To nullify the above Judgment of the Hon’ble Supreme Court and also the recommendations of the previous pay commissions, the government has come out with the amendments in the CCS (Pension) Rules to deprive and betray the Pensioners Right. Ill treatment of the millions of senior citizens who dedicated their 30 to 40 years of service to the public service is not at all acceptable. With no control over the inflation by the government and increasing privatisation of health care and other services, withdrawal of the Railway concession to the Senior Citizens, not establishing CGHS Wellness Centres in all districts, etc. The present decision of the government to not extend the benefit of revision of pension to the existing pensioners at par with the future retirees needs to be condemned, resisted and fought back. AITUC condemns the decision of the Government and urges upon the Prime Minister to withdraw the Unilateral and Anti-Pensioners Amendments made in the CCS Pension Rule. AITUC calls upon all the government employees, pensioners and their organisations to immediately protest and step into action programmes to force the Government to withdraw the Anti-Pensioner Amendments incorporated in the CCS (Pension) Rules. AITUC Stands with the millions of Pensioners who through their dedicated and committed service ensured the running of the government machinery in the service of the Nation and its people.

Amarjeet Kaur

General Secretary, AITUC