SIVADAS K Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant writ petition has been filed for a Writ of Declaration, declaring that 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 amended in 2010, reading as "other officers holding posts lower 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 together with a consequential direction to the respondents to amend the both the rules referred to above, 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 case of the petitioner is that he worked as Inspector/Radio Operator (RO) in D/2 Signal Battalion, Central Reserve Police, Avadi, Chennai and retired from service on 31.5.2019. He had an unblemished service career in CRPF, without any cause of complaint or punishments till his retirement. It is the further contention of the petitioner that Commandant, 1 Signal Battalion, CRPF, New Delhi, has issued an office order notifying his age of superannuation as 31.5.2019 in accordance with Rule 43 of CRPF Rules, 1955 on 1.4.2017.

(3.) Petitioner has further contended that Rule 43(a) of CRPF Rules, 1955 prescribing the retirement age of 57 years for members of CAPFs of rank of Commandant and below has been struck down by the Hon'ble Division Bench of Delhi High Court in Dev Sharma vs. Indo Tibetan Border Police & Anr. on 31.1.2019. He further contended that aggrieved by the said order, Union of India has filed an appeal before the Hon'ble Supreme Court in SLP (Civil) No.11944/2019. 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.