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april 1985

Supreme Court of India · 1985-04-30

SMT. POONAMAL ETC. ETC. vs UNION OF INDIA AND ORS.

Citation / case number
SC 1981/63799
Court
Supreme Court of India
Petitioner
SMT. POONAMAL ETC. ETC.
Respondent
UNION OF INDIA AND ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the family pension scheme, which became non-contributory effective September 22, 1977, cannot deny benefits to widows and dependents of government servants who did not contribute under the previous scheme, as this would violate Article 14 of the Constitution by creating invidious classification. The Court emphasized that pension is not merely a statutory right but a constitutional promise, ensuring equality for all similarly situated individuals. The judgment overturned the Bombay High Court's decision, affirming the right to family pension for all eligible dependents without the requirement of prior contributions.

SMT. POONAMAL ETC. ETC. vs UNION OF INDIA AND ORS. · Niyam