S. DURAI RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P.No.17143 of 2019, has been filed 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.) W.P.No.18294 of 2019, has been filed for a writ of declaration, declaring Rule 43(a) of the Central Reserve Police Force Rules, 1955 and the corresponding Rule 12 of the Central Reserve Police Force Group A (General Duty) Officer Recruitment Rules, 2001 amended in 2010, which says that 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 Article 14 and 16 of the Constitution of India and consequentially direct the respondents herein to amend the aforesaid rules referred to aboe, 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.

(3.) Supporting the prayer sought for in W.P.No.17143 of 2019, petitioner has contended that, he joined Central Reserve Police Force as Assistant Sub-Inspector (Ministerial) with MA Degree. During his service, he was promoted to the rank of Sub-Inspector, Inspector, Subedar Major and subsequently, he was promoted as Assistant Commandant (M) in Group Centre, CRPF, Avadi from 01.03.2018. He has served at various places in our country, as per the details given below:-