Delhi High Court Refuses to Grant Relief to Enhance Retirement Age for Indian Coast Guard Personnel

Must Read

Online Internship Opportunity at Law Yog: Apply by August 15

About the Organization Law Yog is a Virtual Legal Education Platform where you can learn every nuance of law in...

Internship Opportunity: Research and Advocacy Internship at MASUM, Hooghly: Apply by Aug 17

About the Organisation Banglar Manabadhikar Suraksha Mancha (MASUM) is a collective of social activists, professionals; psychiatrists, doctors, psychological counselors and...

JOB POST: Vacancy in Standard Chartered Bank for Legal Manager

About Standard Chartered  We are a leading international bank focused on helping people and companies prosper across Asia, Africa and...

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. 

Court’s Ruling

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. 


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Online Internship Opportunity at Law Yog: Apply by August 15

About the Organization Law Yog is a Virtual Legal Education Platform where you can learn every nuance of law in...

Internship Opportunity: Research and Advocacy Internship at MASUM, Hooghly: Apply by Aug 17

About the Organisation Banglar Manabadhikar Suraksha Mancha (MASUM) is a collective of social activists, professionals; psychiatrists, doctors, psychological counselors and pro bono lawyers dedicated to...

JOB POST: Vacancy in Standard Chartered Bank for Legal Manager

About Standard Chartered  We are a leading international bank focused on helping people and companies prosper across Asia, Africa and the Middle East.     To us, good...

Job Post: Vacancy at Krida Legal, Delhi (A Sports Law Firm) [Immediate Hiring]

Practice Area: Intellectual Property Rights and Art Law. PQE - 0 - 1 Years. Retainership - Minimum Guarantee + Incentive on billing Requirement - Immediate Location - Delhi...

JOB POST: Vacancy in Cvent for Commercial Counsel

Cvent is an exciting, fast-growing tech company that provides industry-leading software to event professionals around the world. Our suite of services - online event...

More Articles Like This