LAWS(MAD)-2020-3-110

UNION OF INDIA Vs. COMMANDANT AKS PANWAR

Decided On March 10, 2020
UNION OF INDIA Appellant
V/S
Commandant Aks Panwar Respondents

JUDGEMENT

(1.) Union of India has filed the Review Petition to review the order dated 18/7/2019 made in W.P.No.29647 of 2019, primarily on three grounds.

(2.) This Court, on 18/7/2019, heard a batch of writ petitions, wherein a challenge was made to Rule 43 (a) of the Central Reserve Police Force Rules, 1955, together with the corresponding Rule 12 of the Central Reserve Police Force Group "A" (General Duty) Officers Recruitment Rules, 2001 and Rule 15 (1) of the Border Security Force, General Duty Cadre (Non-Gazetted) Recruitment Rules, 2002 in which different dates of retirement are prescribed for different grades of Officers in the Central Reserve Police Force and the Border Security Force as being violative of Article 14 of the Constitution of India.

(3.) This Court, placed reliance on the judgment of Dev Sharma (supra), which had struck down Rule 43 of the CRPF Rules, and other similar Rules governing BSF and ITBP and observed that the decision of the Delhi High Court in Dev Sharma (supra) had been challenged by way of a Special Leave Petition No.11944 of 2019 before the Hon'ble Supreme Court and the Hon'ble Supreme Court had dismissed the Special Leave Petition.