Supreme Court of India · 1989-08-29
SMT. BHAGWANTI AND ANR. vs UNION OF INDIA
- Citation / case number
- SC 1988/70910
- Court
- Supreme Court of India
- Petitioner
- SMT. BHAGWANTI AND ANR.
- Respondent
- UNION OF INDIA
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court ruled that Rule 54(14)(b)(i) and (ii) of the Central Civil Services (Pension) Rules, 1972, which exclude spouses married after retirement and children born after retirement from the definition of 'family' for family pension eligibility, are ultra vires Article 14 of the Constitution. The Court held that the distinction between marriages during and after service is arbitrary and discriminatory, as pension is linked to past service and aims to provide sustenance in old age. Consequently, the Court allowed the writ petitions filed by the widows, granting them the right to family pension.