A
Division bench comprising Justice S.Muraleedhar and Sanjeev Narula held that
there appears to be no justification in discriminating amongst the CAPFs
particularly when the retirement age of all members of the CISF and AR is 60
years and whereas the retirement age of those of the rank of Commandant and
below in BSF, CRPF, SSB and ITBP is 57 years and declared declared that
the fixing of the age of superannuation of members of the ranks of Commandant
and below in the ITBP, CRPF, BSF and SSB different from those in the ranks
above that of the Commandant is violative of Articles 14 and 16 of the
Constitution.
Accordingly a direction
is hereby issued that within a period of four months from today the Respondents
i.e. the MHA in consultation with the CAPFs concerned will take all
consequential steps by way of implementation of this judgment. This will
include arriving at a decision as regards the retirement age which will uniform
for all members of the CAPFs irrespective of their rank thus bringing all of them,
including the CISF and the AR, on par and fixing the date from which such
changed retirement age W.P.(C) 1951/2012 and batch matters Page 70 of 70 will
take effect. 72. The Court clarifies that this judgment will not have the
effect of reinstatement of the Petitioners who have already retired. In view of
the principle of „no work, no pay‟, it will also not have the effect of their
being entitled to any arrears of pay for any further period beyond their
retirement. However, for the purposes of calculation of retiral benefits,
including pension and gratuity, the differential period (in the event of
enhancement of the retirement age) will be added to period of service actually
rendered by each of them. In other words, their notional date of retirement
would be arrived at by adding the differential years to their actual date of
retirement. On such calculation they would be entitled to the arrears of
retirement benefits after adjusting the amount already paid.
(Dev Sharma vs ITBP, decided on 31/01/2019 Delhi HC)
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