RAM CHANDER KASANIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayers in the present petition are similar to the prayers in WP(C) No. 1951/2012 and batch matters i.e. Dev Sharma v. ITBP which was decided by this Court on 31st January, 2019. By the said judgment this Court declared Rule 43 of the CRPF Rules, 1955 and other incidental Rules to the extent they provided that a member of the Central and Allied Police Forces (CAPFs) including the ITBP, the BSF and the CRPF up to the rank of Commandant would retire at 57 years to be discriminatory and violative of Article 14 of the Constitution of India.

(2.) Further, this Court has in Dev Sharma v. ITBP (supra) granted the Respondents four months' time to take all consequential steps by way of implementation of the judgment. In this period, the Respondents have to take a decision as regards the retirement age which will be uniform for all members of the CAPFs [including the CISF and the Assam Rifles (AR) where at present the uniform retirement age is 60 years] irrespective of their rank. This Court has further clarified that the said judgment would not have the effect of reinstatement of those who have already retired.

(3.) The two Petitioners in the present petition were enrolled in the BSF. Petitioner No.1 rose to rank of Deputy Commandant (DC) and superannuated on 31st January, 2019 on completion of 57 years of age. Petitioner No.2, who too is a DC, would on the basis of the relevant Rules as they stood prior to the decision in Dev Sharma v. ITBP (supra), superannuate on 28th February 2019 on completion of 57 years of age.