D.S. NAKARA & OTHERS versus UNION OF INDIA

D.S. NAKARA & OTHERS versus UNION OF INDIA

The classification of pensioners based on the date of retirement for the purpose of granting benefits under the liberalised pension scheme is arbitrary, has no rational nexus to the object of pension liberalisation, and violates Article 14. The date restriction is severed, entitling all pensioners governed by the...

Source-derived case information.

Parties
Petitioners: D.S. Nakara & Others; Respondent: Union of India
Jurisdiction
India
Judgment Date
17 December 1982
Procedural Posture
Constitutional Writ Petition / Final Judgment
Outcome
Petition allowed
Legal Topics
Article 14 Equality Before Law, Pension Liberalisation, Arbitrariness in State Action, Classification, Doctrine of Severability
Constitutional Law Service Law Administrative Law Article 14 Equality Before Law Pension Liberalisation Arbitrariness in State Action Classification Doctrine of Severability

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Parties

D.S. Nakara & Others

Petitioners

Union of India

Respondent

Procedural Posture

Constitutional Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether restricting the benefit of liberalised pension scheme to retirees after a specified date violates Article 14 of the Constitution
  2. 2 Whether classification based on date of retirement for pension liberalisation is arbitrary and unconstitutional
  3. 3 Whether severing the specified date as eligibility criterion remedies the arbitrariness

Ratio Decidendi

The classification of pensioners based on the date of retirement for the purpose of granting benefits under the liberalised pension scheme is arbitrary, has no rational nexus to the object of pension liberalisation, and violates Article 14. The date restriction is severed, entitling all pensioners governed by the 1972 Rules and Army Pension Regulations to pension as per the liberalised scheme from the specified operative date, regardless of retirement date.

Court Disposition

Petition allowed

Orders

  • The impugned words introducing eligibility based on specified date are struck down as unconstitutional.
  • All pensioners governed by 1972 Rules and Army Pension Regulations are entitled to pension computed under liberalised scheme from specified operative date, irrespective of retirement date.