S KRISHNAMURTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners in both the writ petitions have sought for a common prayer ie. for a writ of declaration, declaring Rule 43(a) of CRPF Rules, 1955, which says that "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. In case, the date of birth of a member of the Force falls on the first day of a month, his retirement shall take effect from the afternoon of the last day of the month preceeding the month in which the member of the Force 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, as unconstitutional, discriminatory, unjust, unreasonable classification, violation of Articles 14 and 16 of the Constitution of India by striking out the same from the respective statutes 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 57 years to 60 years, thus ensuring uniformity/non-discrimination in the aforesaid Rules.

(2.) Petitioners have retired from the services of Central Reserve Police Force, on attaining the age of superannuation i.e 57 years on 31.05.2019 (AN) and therefore, sought for a further direction to the respondents to allow them to rejoin duty and continue in service till attaining the age of 60 years.

(3.) Supporting the prayer sought for, Mrs.R.Meenakshi, learned counsel for the petitioners submitted that the petitioners herein have sent representations dated 27.05.2019 and 25.04.2019, respectively, to the Director General, CRPF, New Delhi, the 2nd respondent herein, for continuation in CRPF service beyond the age of 57 years.