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1982 Supreme(SC) 255

BAHARUL ISLAM, D. A. DESAI, O. CHHINNAPPA REDDY, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
D. S. Nakara – Appellant
Versus
Union Of India – Respondent


Advocates:
A.SUBASHINI, Anil B.Divan, G.L.SANGHI, K.K.GUPTA, L.N.Sinha, M.M.ABDUL KHADER, N.Nettra, P.H.Parekh, RANDHIR JAIN, S.R.SHRIVASTAVA, VINITA SEN GUPTA

Judgement Key Points

The case discussed provides a significant interpretation of Article 14, emphasizing that the State has the authority to make classifications for legislative purposes. However, such classifications must adhere to two fundamental principles: first, they must be based on an intelligible differentia that clearly distinguishes the grouped persons or things from others; second, this differentia must have a rational nexus or a reasonable connection to the object or purpose of the legislation. If the classification is arbitrary, artificial, or unrelated to the legislative aim, it violates the constitutional guarantee of equality. The decision underscores that while reasonable classification is permissible, it must be rooted in a rational principle that directly relates to the legislative goal, ensuring fairness and preventing discrimination.


Judgment

DESAI, J. - With a slight variation to suit the context Wolseys 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 petitioners in this group of petitions in the Shellian 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.

2. Do pensioners entitled to receive superannuation or retiring pension under Central Civil Services (Pension) Rules, 1972 (1972 Rules for short) form a class as a whole? Is the date of retirement a relevant consideration for eligibility when a revised formula for computation of pension is ushered in and made effective from a specified date? Would differential treatment to pensioners related to the date of retirement qua the revised formula for computation of pension attract Art. 14 of the Constitution and the element of discrimination liable to be declared unconstitutional as being violative of Art. 14? These and the related q






























































































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