SMT. POONAMAL ETC. ETC. versus UNION OF INDIA AND ORS.

Citation: [1985] 3 S.C.R. 1042 · Decided: 30-04-1985 · Supreme Court of India · Bench: D.A. DESAI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A' 
D 
:E 
io42 
SMT. POONAMAL ·ETC. ETC. 
v. 
UNION OF INDIA AND ORS. 
April 30, 1985 
[D.A. DESAI AND RANGANATH MISRA, JJ.J 
Ci11il Service : 
Family P1nsion-Contributories to scheme entitled to family pension-
" 
Scheme liberalised-Pre-condition of contribution done away with-Benefit not ex-
tended to non-contributories-Whether violates Art. 14 of the Constitution. 
Since January 1, 1964, there were in fo.rce two parallel family pension 
schemes in operation, namely, (a) a pre-liberalisation scheme which continued to 
be in force for those who retired prior to 1.1.1964 or those who did not contri-
bute _out of the death-cum-retirement gratuity, rollgbly styled· as non-contri· 
butory scheme. 
The other was the contributory 
scheme. Both these 
schemes 
are incorporated in Rule 5 t 
and 55 respectively of the Ci~il 
Servkes Pension Rules 1972. On September 22, 1977 the Government of India 
done away wi1h the pre-condition of contribution of two months' emoluments 
out of death-cum-retirement gratuity. But, the widows of the Government 
servants who had ·not agreed to make the contribution in accordance with the 
1964 sche1ne were denied the benefit of pension scheme and this disability conti-
nued even after the changes introduced in 1977 when the scheme ceased to be 
contributory. Such widows moved Supreme Court and Bombay l-ijgh Court in 
writ petitions. The High Court reject~d the writ petition.· 
Dispos~ng of the petitions and the appeal to this Court, 
HELD : 1. Since the family pension scheme has become non-contribu-
tory effective from September 22, 1977, any attempt at denying its benefit to 
widows and dependents of Goverllment servants who bad not taken advantage 
of the 1964 liberalisation scheme by making or agreeing to make necessary con-
tribution would be denial of equality to persons similarly situated and hence 
violative of Art. 14. If widows and dependents of deceased Government ser-
vants since after September 22, 1977 would be entitled to benefits of family 
pension scheme without the obligation ·or ·making contribution, those widows 
who were denied the benefits on the ground tbat the Government servants 
having not agreed to make the contribution, could not be differently treated 
because that would be introducing an invidious classification among those who 
B 
would be entitled to similar treatment. [IOOi B-D] 
..., 
\ 
) 
.. 
, . 
POONAMAL v. UNION (Desai, J.) ' '.. 
1043 
2. Where the Government servant . rendered service, to compensate 
which a family, pension scheme is devi<ied th-.: widow· and the dependent minors 
would equatly be entitled to family pension as .a 1natter o·r right. If fact the 
Court looks Upon pension not merely as a: statutory right but as the fulfilment 
of a constitutional Promise inasm.uch as. it. ,partakes the character of public 
assistance in caseS of unemployn1ent old-age .. disablement or sim lar other cases 
of undeserved ·want. Relevant rules mereiy inakc effective the constitutional 
mandate. That is how pe.nsion has b~en tOoked upon in D.S. Nakara's case, 
[1983) 2 S.C.R. 165. [1045; G-H 1046 Al 
CIVIL 
ORIGINAL 
JURisDic'riON 
Writ 
Petitions' 
Nos. 
5870.93/81. 
'under Article 32 of the constitution"of India 
WITH. 
Civil Appeal NO. 2226/ 85 
From the' Judgment and Order dated 14. 2'. 1984 of the Bombay 
High Court in Writ Petition No. 4215 of 1983 
' 
. 
. 
'yogesbwar Prasad, .H. Salve, P. 
H. 
Parekh, Mrs., Rani 
A 
B 
c 
Chhabra, Ms . . Data Krishnamurthy, Ms. A. 
Subhashini, A. S. 
D . 
Pundir; J. S. B11i, S. Ba/afcrishnan,"Pramod Sarup· and R. S. Sodhi, 
for the petitioners. 
V. B. Joshi for the Appellant. 
The following Judgment of the Court was delivered by 
DESAI, J. Promise of socio.economic justice depicted in rosy 
language in Arts. 38, 39 and 41 is being translated into a real 
action-oriented programme by the stand taken by the Union of 
India and the Ministry of Finance in this group of petitions and 
application for special leave which deserves approbation and com-
mendation. Amongst the neglected sections of the society women 
form a. bulk. In that bigger class widows are possibly ·the worst 
sufferers both socially and economically. To them, a helping hand 
is extended, f6r providing succour sorely needed, by the two state- . 
ments made in the Court by Mr. B. Dutta, learned counsel appea-
ring for the Union of India and the Ministry of Finance. Through-
out the course cif hearing, Mr. B. Dutta adopted a positive, cons-
tructive and hel
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