A Bench of Justices Anil Kshetarpal and Amit Mahajan ruled that there was no infirmity in Rule 54 of the Central Civil Services (Pension) Rules, 1972 and Clause 8.6 of the Office Memorandum dated September 2, 2009.
It held that the Rules show a clear government policy to financially support the widow of a deceased member even after she remarries, as long as she does not have sufficient independent income.
“The object underlying the provision appears to be to encourage remarriage of widows while ensuring that the sacrifice made by members of the armed and paramilitary forces, in the interest of public order and societal welfare, does not leave their immediate dependents financially vulnerable. Such an object is not only legitimate but also laudable and bears a direct and rational nexus with the classification made under the Rules,” the Court said.