S.Chandrasekaran v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021 CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.14392 of 2019 S.Chandrasekaran ...Petitioner Vs 1 Union of India Rep. by Secretary to Home Ministry of India North Block Central Secretariat New Delhi 110001.
2 Director General - BSF Headquarters Border Security Force Block No.10 CGO Complex Lodhi Road New Delhi 110003.
3 Inspector General BSF FTR HQ (SPL OPS) BSF ODISHA at Bangalore Post and Ps. AFS Station Yelahanka Bangalore Karnataka - 560064.
4 Deputy Inspector General BSF SHQ BSF Chennai Village - Keerapkkam PO - Nallambakkam PS- Kayar, Chennai 600 127.
5 The Director Accounts PAD BSF New Delhi Pushpa Bhavan Madangir New Delhi -100062.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for a Writ of Declaration declaring therein that Rule 11 of Border Security Force Radio operator and Radio Mechanic (Non - Gazetted) Cadre Recruitment Rules 2018 prescribing A person appointed under the provisions of these rules shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty - seven years as arbitrary unconstitutional discriminatory unjust
unreasonable classification violation of Articles 14 and 16 of the Constitution by striking out the same from the statue mentioned herein above together with a consequential direction to the respondents to amend the impugned rule referred to hereinabove, by way of enhancing the superannuation age from the present years to years, thus ensuring uniformity/nondiscrimination in the aforesaid rules at par with Rules applicable for other Central Allied Police Forces(CAPFs). For petitioner : Mr.A.Irudayam
ORDER
(Made by The Hon'ble Chief Justice) It is submitted on behalf of the writ petitioner that nothing survives of the writ petition in view of a Government of India notification issued on August 19, 2019.
2. As a consequence, W.P.No.14392 of 2019 is dismissed as infructuous, without going into the merits thereof. There will be no order as to costs. Miscellaneous petition, W.M.P.No.14428 of 2019, is also dismissed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tar To 1 Secretary to Home Ministry of India North Block Central Secretariat New Delhi 110001.
2 Director General - BSF, Headquarters Border Security Force Block, No.10 CGO Complex Lodhi Road, New Delhi 110003.
3 Inspector General BSF FTR HQ (SPL OPS) BSF ODISHA at Bangalore Post and Ps. AFS Station Yelahanka Bangalore Karnataka - 560064.
4 Deputy Inspector General BSF SHQ BSF Chennai Village - Keerapkkam PO - Nallambakkam PS- Kayar, Chennai 600 127.
5 The Director, Accounts PAD BSF New Delhi Pushpa Bhavan Madangir New Delhi -100 062.
W.P.No.14392 of 2019 sv[co] srg 22/02/2021