Madras High Court Asks Centre to Reconsider Enhancing Retirement Age Of Coast Guard Staff To 60 Years For All Ranks.
Title : Lakshmichandra Harishchandra Sharma v. Union of India
Case No. : W.P.No.415 of 2021
Decided on : 23.11.2023.
CORAM : THE HON’BLE MR. SANJAY V. GANGAPURWALA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Introduction
Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration to declare Rule 20(1) of the Coast Guard (General) Rule 1986, relevant SRO 76 dated 19 April 1999 and the impugned decision of the 1 st respondent in No.14(14)2020-D(CG) communicated to the 2 nd respondent dated 21.07.2020 fixing the retirement age as 57 for Commandant as null and void and non est in law and consequently direct the respondents to fix the retirement age of the petitioner as 60 years at par with Deputy Inspector General of Indian Coast Guard instead of 57 years with all consequential service and other attendant benefits.
Fact of the Case
These writ petitions are filed by the petitioners, who were members of the Coast Guard with two limbs of prayers. Firstly, they challenge the constitutional validity of Rule 20(1) of Indian Coast Guard Rules, 1986. Secondly, they challenge the order passed by the Government of India, Ministry of Defense, dated 21.07.2020, refusing to enhance the age of retirement of the members of the Coast Guard up to the level of commandant also to be 60 years from 57 years.
Case Analysis and Judgment
In the result we dispose of the writ petitions with the following directions:
- The impugned order of the first respondent bearing reference No.14 (14/2020 – DCG), dated 21.07.2020 shall stand set aside and the matter shall be reconsidered by the first respondent in view of the reasonings contained supra in the Judgment;
- It would also be open for the petitioners to make such representation in detail and bringing forth such material before the first respondent within a period of three weeks from the date of receipt of a copy of the order and thereafter, the first respondent shall reconsider the issue in accordance with law, within a period of four months therefrom;
- No costs. Consequently, the connected miscellaneous Petitions are closed.
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