Delhi HC sets aside rule of different retirement age for Coast Guard officers

New Delhi, Nov 24 (PTI) The Delhi High Court on Monday ruled that the retirement age of 60 should be uniformly applied to all the ranks of Indian Coast Guard officers, striking down a rule prescribing different retirement ages for different ranks.

The high court held the rule to be "unconstitutional." As per the impugned rule, officers of the rank of commandant and below in the Indian Coast Guard used to retire at the age of 57, whereas officers above the rank of commandant used to retire at 60.

"In the absence of any factor which indicates a rational nexus between fixing of different ages of superannuation for officers of the rank of commandant and below and officers above the rank of commandant in the Coast Guard, we are constrained to hold that Rule 20(1) and 20(2) of the 1986 Rules, insofar as it fixes different ages of superannuation, is unconstitutional and violative of Articles 14 and 16 of the Constitution," a bench of justices C Hari Shankar and Om Prakash Shukla said.

The bench said Rule 20(1) and 20(2) of the Coast Guard (General) Rules, 1986, cannot sustain scrutiny of Articles 14 and 16 of the Constitution and held that the age of superannuation of 60 would apply to officers of the Coast Guard at all ranks.

Article 14 concerns the equality for all individuals before the law, and Article 16 deals with equality of opportunity in public employment.

The court passed the judgment on a batch of petitions of retired officers of the Coast Guard, who were in service at the time of filing of the pleas, but retired at the age of 57 in accordance with the Rules.

The petitioners challenged the constitutionality of Rule 20 (1) and (2) and said the retirement of officers above the rank of commandant at 60 and other officers at 57 results in invidious and unconstitutional discrimination.

The high court noted that earlier, a similar dispute, involving officers of the BSF, CRPF, ITBP and SSB, was decided by a division bench of this court.

The division bench, in that case, had held the prescription in the rule concerned to be unconstitutional, and it was struck down.

It had directed that its judgment be implemented across all Central Armed Police Forces (CAPF), without requiring individual petitioners to approach the court.

The bench, headed by Justice C Hari Shankar, noted that the Coast Guard is not a CAPF.

The Central government justified the lower retirement age, saying the Coast Guard is a sea-going service which requires a "young age profile" and medically fit personnel to man afloat and aviation platforms, command and control issues, cadre and career progression. PTI SKV SKV AMJ AMJ