Comdt Sk Singh v. Union of India & Ors

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J. JUNE 26, 2020 'bs'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26th June, 2020 + W.P.(C) 3765/2020 COMDT. S.K. SINGH .... PETITIONER Through: Mr. Padma Kumar S. and Mr. Himanshu Gautam, Advs. Versus UNION OF INDIA & ORS. ...RESPONDENTS Through: Mr. Anil Dabas and Ms. Priyanka Arora, Advs. for R-1 to 3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON [VIA VIDEO CONFERENCING] JUSTICE RAJIV SAHAI ENDLAW CM No.13462/2020 (for exemption from filing duly affirmed affidavits and requisite court fees) 1. Allowed, subject to just exceptions and as per the extant rules. 2. The application is disposed of. 3. The petitioner, having superannuated on reaching the age of 57 years, on 30th June, 2017, from the post of Commandant in the Indian Coast Guards, has filed this petition (i) impugning the rejection by the respondents vide communication dated 24th October, 2019 of the representation dated 26th July, 2019 of the petitioner; and, (ii) impugning Rule 20(1) of the Coast Guard (General) Rules, 1986, to the extent it prescribes retirement age of 57 years for officers of the rank of Commandant and below and seeks mandamus directing the respondents to enhance the age of retirement for Group 'A' officers up to the rank of Commandant, in the Coast Guards, from 57 years to 60 years and to release all consequential benefits and arrears to the petitioner. 4. It is the case of the petitioner, (i) that vide judgment dated 31st January, 2019 of this Court in W.P.(C) No.1951/2012 titled Dev Sharma Vs. Indo Tibetan Border Police & Anr. and in other connected petitions, filed by personnel of four Central Armed Police Forces (CAPF) i.e. Indo-Tibetan Border Police (ITBP), Central Reserve Police Force (CRPF), Sashastra Seema Bal (SSB) and Border Security Force (BSF), the relevant Rule applicable to each of the said forces and prescribing the age of retirement till the post of Commandant and below, of 57 years, was struck down as discriminatory and a direction was issued to the Ministry of Home Affairs to, in consultation with the CAPF concerned, take consequential steps by way of implementation of the judgment, including to arrive at a decision as regard the retirement age which will be uniform for all members of CAPF, irrespective of the rank, thus bringing all of them including the Central Industrial Security Force (CISF) and Assam Rifles, at par and fixing the date from which such changed retirement age will take effect; (ii) that the SLP filed against the aforesaid judgment being SLP (C) 11944/2019 was dismissed and review sought before the Supreme Court being Review Petition (Civil) 1555/2019 was also dismissed; (iii) that pursuant to the aforesaid, the Ministry of Home Affairs has vide OM dated 19th August, 2019 enhanced the retirement age in all CAPF comprising of CRPF, BSF, SSB and ITBP, and also in CISF and Assam Rifles, to 60 years, irrespective of rank and giving the said change effect qua the petitioners in W.P.(C) No.1951/2012 and other connected petitions aforesaid, depending upon whether they had been granted interim stay or not and with respect to those who had retired but not approached any Court, to have the benefit of fitment of pension on completion of age of 60 years; (iv) that certain personnel of the Indian Coast Guard filed a petition before the Madras High Court seeking similar relief as granted to the personnel of CAPF, Assam Rifles and CISF; (v) that though the said petition was allowed but on review being preferred by the respondents, the order allowing the petition was recalled and the petition disposed of vide order dated 10th March, 2020, with a direction to the respondents therein, to consider the case of the Indian Coast Guard also for enhancement of retirement age for the ranks below that of Commandant; (vi) that the petitioner made a representation dated 28th July, 2019 to the respondents to grant relief on the same lines as granted to personnel of CAPF, Assam Rifles and CISF; and, (vii) that t