A. AROKKIASAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant writ petition has been filed, for a writ of declaration, declaring that Rule 43(a) of CRPF Rule 1955, together with the corresponding Rule 12 of the Central Reserve Police Force Group "A" (General Duty) Officers Recruitment Rules, 2010, reading as "others officers" holding posts loser than the Deputy Inspector General shall retire from service, on the afternoon of the last day of the month, in which they attain the age of fifty seven years, as unconstitutional, discriminatory, unjust, violative of Articles 14 and 16 of the Constitution of India and consequentially, to direct the respondents herein, to amend the aforesaid rules, by way of enhancing the superannuation age from the present 57 years to 60 years for such other officers, thus ensuring uniformity/non-discrimination in the aforesaid Rules.

(2.) The petitioner has worked as ASI/GD in the Group Centre, Central Reserve Police Force (CRPF), Avadi, Chennai and retired from service on 31/5/2019. Deputy Inspector General of Police, Group Centre, Central Reserve Police Force (CRPF), Avadi, issued an office order, in No.P-III-01/2017-GC.PEN-AVD (SUPN), dated 4th December 2017, notifying the age of superannuation as 31/5/2019, in accordance with Rule 43 of CRPF Rules, 1955.

(3.) Rule 43 (a) of the CRPF Rules, 1955 and corresponding Rule 14 of CRPF Group (A) General Duty Officers Recruitment Rules, 2001, Rule 8 (a) of the ITBP General Duty in Group "A" Posts Rules and Rule 12 of the BSF (General Duty Officers) Recruitment Rules, 2001, to the extent prescribing retirement age as 57 years for members of those CAPFs of rank of Commandant and below have been struck down by the Hon'ble Division Bench of Delhi High Court in Dev Sharma Vs Indo Tibetan Border Police and Anr, on 31st January 2019. The said appeal was dismissed by the Hon'ble Supreme Court on 10/5/2019. Being aggrieved by the dismissal of the appeal, Union of India has filed a Review Petition before the Hon'ble Supreme Court in Review Petition (C) No.1555 of 2019, which was also dismissed by the Hon'ble Supreme Court on 16.7.2019.