SMT. BHAGWANTI AND ANR. versus UNION OF INDIA

SMT. BHAGWANTI AND ANR. versus UNION OF INDIA

Clauses in Rule 54(14)(b) Central Civil Services (Pension) Rules, 1972 excluding spouses who marry after retirement and children born after retirement from family pension are arbitrary and discriminatory, suffering from lack of nexus and reasonable classification and are ultra vires Article 14 of the Constitution....

Source-derived case information.

Parties
Petitioner: Smt. Bhagwanti; Petitioner: Smt. Sharda Swamy; Respondent: Union of India
Jurisdiction
India
Judgment Date
29 August 1989
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Decision
Outcome
Petitions allowed
Legal Topics
Pension, Family Pension, Arbitrariness, Discrimination, Ultra Vires
Constitutional Law Service Law Pension Family Pension Arbitrariness Discrimination Ultra Vires

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Parties

Smt. Bhagwanti

Petitioner

Smt. Sharda Swamy

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Decision

Legal Issues

  1. 1 Whether spouses who marry the government servant after retirement are entitled to family pension under Central Civil Services (Pension) Rules, 1972
  2. 2 Whether children born after retirement are entitled to family pension
  3. 3 Whether clauses (i) and (ii) of Rule 54(14)(b) are ultra vires Article 14 of the Constitution

Ratio Decidendi

Clauses in Rule 54(14)(b) Central Civil Services (Pension) Rules, 1972 excluding spouses who marry after retirement and children born after retirement from family pension are arbitrary and discriminatory, suffering from lack of nexus and reasonable classification and are ultra vires Article 14 of the Constitution. This Court directed the Union of India to extend family pension to the petitioners.

Court Disposition

Petitions allowed

Orders

  • Union of India directed to extend to each petitioner family pension as admissible under the respective schemes from the date the husband of each petitioner died.
  • No order as to costs.