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cases:ds-nakara-v-uoi-1983
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D.S. Nakara v. Union of India

D.S. Nakara v. Union of India (Supreme Court of India, 1983-12-17) (1983) 1 SCC 305 is a ruling on the Right to Information Act, 2005 — Section Pension. Pension is deferred salary, not bounty. Pension is a continuous right earned by past service, not a discretionary bounty of the State.

Holding

Pension is deferred salary, not bounty.

Ratio

Pension is a continuous right earned by past service, not a discretionary bounty of the State. Any classification distinguishing earlier and later retirees that disadvantages the former must be reasonable and bear a nexus to the object sought.

Section(s) applied

  • Section Pension

Practitioner takeaway

Pension as right; classification of pensioners must be reasonable.

Citation

  • Citation: (1983) 1 SCC 305
  • Court: Supreme Court of India
  • Date: 1983-12-17
  • Outcome: allowed
  • Reporter / Cause-list: (1983) 1 SCC 305

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