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Supreme Court of India

D.S. Nakara & Others v. Union of India

Neutral citation
Bench Y.V. Chandrachud CJI, V.D. Tulzapurkar, D.A. Desai, O. Chinnappa Reddy and Baharul Islam JJ.
Decided 17 December 1982
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

129 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that ·the eligibility for liberalised pension scheme of 'being in service on the specified date and retiring subsequent to that date' in impugned memoranda, Exhibits P-1 and P-2, violates Art. 14 and is unconstitutional and is strucK down.

Judgment, page 45

In brief

The Government of India, by Office Memorandum dated 25 May 1979, liberalised the formula for computing pension for employees governed by the Central Civil Services (Pension) Rules, 1972 — reducing the averaging period for emoluments from the last 36 months to the last 10 months, introducing a slab system and raising the ceiling — but confined the benefit to government servants in service on 31 March 1979 and retiring on or after that date.…

Authorities it was built on

Where later benches applied it

Of those, 8 relied on · 6 followed · 2 distinguished · 21 referred to · 88 mentioned · 4 not applicable

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