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august 1989

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.

SMT. BHAGWANTI AND ANR. vs UNION OF INDIA · Niyam