Gagan Bihari Mohapatra vs State Of Odisha & Others .... Opp. ... on 23 February, 2026
30. However, before we give such directions we must
also observe that the submissions advanced on behalf
of the Union of India cannot be accepted in view of the
decision in D.S. Nakara case [(1983) 1 SCC 305 : 1983
SCC (L&S) 145] . The object sought to be achieved was
not to create a class within a class, but to ensure that
the benefits of pension were made available to all
persons of the same class equally. To hold otherwise
would cause violence to the provisions of Article 14 of
the Constitution. It could not also have been the
intention of the authorities to equate the pension
payable to officers of two different ranks by resorting to
the step-up principle envisaged in the fundamental rules
in a manner where the other officers belonging to the
same cadre would be receiving a higher pension.