Advocates:
A. SUBHASHINI

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SUPREME COURT OF INDIA

Page 1 of 35

PETITIONER:

D.S. NAKARA & OTHERS

Vs.

RESPONDENT:

UNION OF INDIA

DATE OF JUDGMENT17/12/1982

BENCH:

DESAI, D.A.

BENCH:

DESAI, D.A.

CHANDRACHUD, Y.V. ((CJ)

TULZAPURKAR, V.D.

REDDY, O. CHINNAPPA (J)

ISLAM, BAHARUL (J)

CITATION:

1983 AIR 130 1983 SCR (2) 165

1983 SCC (1) 305 1982 SCALE (2)1213

CITATOR INFO :

R 1983 SC 937 (34)

R 1984 SC 121 (28)

R 1984 SC1064 (18)

R 1984 SC1247 (1)

RF 1984 SC1361 (19)

RF 1984 SC1560 (2)

F 1985 SC1196 (2,7)

D 1985 SC1367 (39,43)

RF 1986 SC 210 (19,20,22,26)

R 1986 SC 584 (1)

R 1986 SC1907 (1,2)

R 1987 SC 943 (8)

RF 1987 SC2359 (17)

D 1988 SC 501 (3,4,6,7)

RF 1988 SC 740 (13)

D 1988 SC1291 (9)

R 1988 SC1645 (8)

D 1989 SC 665 (7)

F 1989 SC2088 (7)

R 1990 SC 334 (104)

RF 1990 SC 883 (6)

E 1990 SC1760 (9)

RF 1990 SC1923 (3)

D 1990 SC2043 (2,7)

E 1991 SC1182 (6 TO 16,18,19,23)

RF 1991 SC1743 (1,2,4)

R 1992 SC 96 (11)

R 1992 SC 767 (2,4,TO 8,10)

ACT:

Constitution of India, Art. 14-Central Civil Services

(Pension) Rules, 1972 and Regulations governing pension for

Armed Forces Personnel-Liberalisation in computation of

pension effective from specified date-Divides pensioners so

as to confer benefit on some while denying it to others-

Classification arbitrary, devoid of rational nexus to object

of liberalisation and violative of Art. 14

Constitution of India, Art. 14-Doctrine of

severability-Severance may have effect of enlarging scope of

legislation.

Rules and Regulations governing grant of pension-

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Page 2 of 35

Pension is a right-Deferred portion of compensation for

service rendered-Also a social-welfare measure.

HEADNOTE:

By a Memorandum dated May 25, 1979 (Exhibit P-1) the

Government of India liberalised the formula for computation

of pension in respect of employees governed by the Central

Civil Services (Pension) Rules, 1972 and made it applicable

to employees retiring on or after March 31, 1979. By another

Memorandum issued on September 23, 1979 (Exhibit P-2) it

extended the same, subject to certain limitations, to the

Armed Forces’ personnel retiring on or after April 1, 1979.

Petitioners 1 and 2 who had retired in the year 1972 from

the Central Civil Service and the Armed Forces’ service

respectively, and petitioner No. 3, a registered society

espousing the cause of pensioners all over the country,

challenged the validity of the above two memoranda in so far

as the liberalisation in computation of pension had been

made applicable only to those retiring on or after the date

specified and the benefit of liberalisation had been denied

to all those who had retired earlier.

Counsel for petitioners contended that all pensioners

entitled to receive pension under the relevant rules form a

class irrespective of the dates of their retirement and

there cannot be a mini-classification within this class;

that the differential treatment accorded to those who had

retired prior to the specified date is violative of Art. 14

as the choice of specified date is wholly arbitrary and the

classification based on the fortuitous circumstance of

retirement before or subsequent to the specified date is

invalid; and that the scheme of liberalisation in

computation of pension must be uniformly enforced with

regard to all pensioners.

166

Counsel for respondents contended that a classification

based on the date of retirement is valid for the purpose of

granting pensionary benefits; that the specified date is an

integral part of the scheme of libe