)BLJR122 , [1983 (47 )FLR42 ], 1982 INSC 103 , 1983 KLJ153 , 1983 LabIC1 , (1983 )I LLJ104 SC , 1982 (2 )SCALE1213 , (1983 )1 SCC305 , [1983 ]2 SCR165 , 1983 (1 )SLJ131 (SC ), 1983 (2 )SLR246 (SC ), ,MANU/SC/0237/1982Y.V. Chandrachud#D.A. Desai#O. Chinnappa Reddy#V.D. Tulzapurkar#Baharul Islam#52188SC8300Judgment/OrderAIR#BLJR#FLR#INSC#KLJ#LabIC#LLJ#MANU#SCALE#SCC#SCR#SLJ#SLRY.V. Chandrachud,SUPREME COURT OF INDIA2012-9-24Preamble of the Constitution,Internal Aids to Construction,Statutes dealing with substantive rights,General principles,Retrospective Operation,Operation of Statutes,Socialistic Concept,Preamble,Justice, Social, Economic and Political,Preamble,Policy Decision,Right to Equality,Fundamental Rights,Classification,Right to Equality,Fundamental Rights,Remedies for Enforcement of Rights Conferred by this Part Enforcement of Fundamental Rights is Guaranteed,Right to Constitutional Remedies,Fundamental Rights,Revised Pension Formula,Living Wage, etc., for Workers.,Directive Principles of State Policy,Constitution of India,Interpretation of Statutes16910,16912,17302,17075,16947,16948,16951,16953 -->

MANU/SC/0237/1982

IN THE SUPREME COURT OF INDIA

Writ Petition Nos. 5939-41 of 1980

Decided On: 17.12.1982

Appellants: D.S. Nakara and Ors. Vs. Respondent: Union of India (UOI)

Hon'ble Judges/Coram:
Y.V. Chandrachud, C.J., D.A. Desai, O. Chinnappa Reddy, V.D. Tulzapurkar and Baharul Islam

JUDGMENT

Y.V. Chandrachud, J.

1. With a slight variation to suit the context Woolesey's prayer : "had I served my God as reverently as I did my king, I would not have fallen on these days of penury" is chanted by petitioners in this group of petitions in the Shellian tune : 'I fall on the thorns of life I bleed.' Old age, ebbing, mental and physical prowess, atrophy of both muscle and brain powers permeating these petitions, the petitioners in the fall of life yearn for equality of treatment which is being meted out to those who are soon going to join and swell their own ranks,

2. Do pensioners entitled to receive superannuation or retiring pension under Central Civil Services (Pension) Rules, 1972 ('1972 Rules' for short) form a class as a whole? Is the date of retirement a relevant consideration for eligibility when a revised formula for computation of pension is ushered in and made effective from a specified date? Would differential treatment to pensioners related to the date of retirement qua the revised formula for computation of pension attract Article 14 of the Constitution and the element of discrimination liable to be declared unconstitutional as being violative of Article 14? These and the related questions debated in this group of petitions call for an answer in the backdrop of a welfare State and bearing in mind that pension is a socio-economic justice measure providing relief when advancing age gradually but irrevocably impairs capacity to stand on one's own feet.

3. Factual matrix has ........