डी.एस. नकारा बनाम भारत संघ
| Citation | AIR 1983 SC 130, (1983) 1 SCC 305 |
| Court | Supreme Court of India (Constitution Bench) |
| Date | 17 December 1982 |
| Year | 1983 |
| Bench | Y.V. Chandrachud CJ, D.A. Desai, O. Chinnappa Reddy, A.P. Sen, Ranganath Misra JJ. |
| Acts/Articles | Article 14, Article 16 |
| Category | Constitutional Law, Service & Employment Law |
Key Principle Established
Pension is a right, not a bounty or gratuitous payment. Classification of pensioners into pre- and post-cutoff date categories for different pension benefits violates Article 14.
The Government of India introduced a liberalized pension scheme but restricted its application to persons retiring after a specified date. Pre-cutoff retirees challenged this arbitrary classification.
The Constitution Bench held:
D.S. Nakara is the foundational judgment on pension rights in India. It revolutionized pension law by declaring pension as a right, not charity. It is cited in virtually every pension dispute and is the basis for “one rank, one pension” type demands.
(1982) 1 SCC 618
Equal pay for equal work is a constitutional goal derivable from Articles 14, 16, and 39(d) read together.
Read Analysis(1996) 11 SCC 77
Contractual employee retained beyond tenure cannot be terminated without following principles of natural justice.
Read Analysis(2002) 1 SCC 187
Settled seniority cannot be disturbed retrospectively. Reopening seniority after long gap causes grave prejudice.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.