P BHARATHIDASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In both the writ petitions, the petitioners have sought for a writ of declaration, declaring therein the Rule 43(a) of CRPF Rule, 1955, reading as "the retirement of a member of the Force shall take effect from the afternoon of the last day of the month in which such member attains the age of 57 years", compared to the officers holding posts higher than that of rank of Commandant shall retire from service on the afternoon of the last day of the month in which they attain the age of 60 years as arbitrary, unconstitutional, discriminatory, unjust, unreasonable classification, violation of Articles 14 and 16 of the Constitutional by striking out the same from the respective statues mentioned hereinabove together with a consequential direction to the respondents to amend the respective Rules referred to herein above, by way of enhancing the superannuation age from the present 57 years to 60 years, thus ensuring uniformity / non-discrimination in the aforesaid Rules and allow the petitioner to rejoin duty and continue in service till attaining the age of 60 years.

(2.) On identical issue, this Court had already considered the rival submissions of the parties in WP Nos.17143 and 18294 of 2019 and vide common order dated 15.07.2019, we allowed the writ petitions and further directed the respondents therein, to reinstate the petitioners therein, in service, in Group Centre, CRPF, Avadi with continuity of service, within a period of one week, from the date of passing of the common order.

(3.) On this day, when the instant writ petitions viz., WP Nos.22675 & 22679 of 2019, filed for similar prayer, came up for admission, attention of this Court was also invited to the proceedings of the Digcent(Law) Dte., Avadi, pursuant to the order made in WP Nos.17143 & 18294 of 2019 dated 15.07.2019, reinstating Mr.S.Durairaj, AC (Min) of GC, CRPF, Avadi and Mr.P.Gunasekaran of RTC AVD, in service and allowed them provisionally to continue in service, subject to the final decision / directions to MHA after dismissal of Review Petition No.1555/2019 filed by UOI in the Apex Court in SLP 11944/2019 filed by UOI & Ors Vs. Dev Sharma w.r.t. Delhi High Court order dated 31/1/2019 pronounced in WP (C) No.1951/2012 filed by Dev Sharma Vs. UOI & Others.