The writ petition challenged Rule 20(1) of the Coast Guard (General) Rules, 1986 that prescribes retirement age of 57 years. He proposed to amend it to 60 years, thereby releasing all consequential benefits and arrears to the petitioner.
Brief Facts of the Case
The case in hand is Comdt. S.K. Singh v Union of India & Ors. The petitioner is a Commandant in the Indian Coast Guard who superannuated on reaching the age of 57 years. He filed a petition impugning the rejection by the respondents and Rule 20(1) of the Coast Guard (General) Rules, 1986. He prayed for enhancing the prescribed age limit for retirement to 60 years.
Arguments before the Court
The learned counsel for the petitioner highlighted the Madras High Court’s judgment. In that matter, the HC granted relief to the personnel of CAPF, Assam Rifles and CISF. There was an enhancement of retirement age based on the Court’s directions.
However, the respondent’s counsel contended that the decision of the Madras High Court was still pending. Thus, a fresh round of litigation is not required to be brought before this Court.
Delhi High Court is of the view that the petitioner cannot make a grievance on the flaw of the judgment of the Madras High Court. Furthermore, it was also to be established as to how the Indian Coast Guard personnel are similarly situated as CAPF personnel. Thus, the petitioner has no cause of action on this basis.
The earlier representation directed the respondents to consider the date of retirement for those below the Commandant. However, on inquiry, the relevant Rule was for Commandant and below. In the light of the said reasoning, the Court dismissed the writ petition.
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