Lakshmichandra Harishchandra v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment reserved on 21/1/2020 Judgment pronounced on 10/3/2020 C O R A M THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE a n d THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition Nos.38214 of 2016 and 16116 of 2019 Writ Petition No.38214 of 2016 Lakshmichandra Harishchandra Sharma Petitioner Commandant(0090-D) Vs

1. Union of India rep. by the Secretary Government of India I Floor, South Block DHQ P.O New Delhi 110 011.

Coast Guard Head Quarters

3. The Commander Head Quarters - Coast Guard Region (East) Near Napier Bridge Chennai 600 009.

4. The Principal Controller of Defence Accounts (Navy) Office of the PCDA (Navy), CG Section No.1 Cooperage Road Mumbai 400 039.

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5. The Officer In-charge Coast Guard Stores Depot (Chennai) G.M.Pettai Road, Royapuram Chennai 600 013.

Respondents * * * * * Writ Petition No.16116 of 2019 Sanjay Patil Petitioner Commandant(Junior Grade)Retd Vs

1. Union of India Room No.234 South Block New Delhi.

Indian Coast Guard Coast Guard Headquarters Respondents.

Prayer in Writ Petition No.38214 of 2016: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration to declare Rule 20 (1) of the Coast Guard (General) Rules, 1986 and relevant SRO 76 dated 19th April 1999 fixing the retirement age as 57 for Commandant as null and void and nonest in law, consequently, quash the impugned orders in No.2215/1 dated 13/7/2016 and No.2215/1 dated 6/9/2016 passed by the third respondent and 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.

(Prayer amended as per order dated 18.11.2016 made in WMP.No.38214/16) Prayer in Writ Petition No.16116 of 2019: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of declaration to declare Rule 20 (1) of The Coast Guard (General) Rules, 1986 as unconstitutional and consequently direct the respondents to continue the petitioner in service until the retirement age of 60 with all consequential and attendant benefits.

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For petitioners Mr.D.Prabhu Mukunth Arunkumar W.P.No.38214 of 2016 In W.P.No.16116 of 2019 Mr.Niranjan Rajagopalan for M/s.G.R.Associates For respondents In W.P.No.38214 of 2016 Mr.K.Gunasekar SPCCG for R.R.1 to 5 In W.P.No.16116 of 2019...

Ms.S.S.Meenakumary for R.R.1 and 2 - - - - - - C O M M O N J U D G M E N T (Judgment of the Court was made by Subramonium Prasad,J) In the light of the judgment passed in Review Application No.156 of 2019 in W.P.No.29647 of 2019, wherein we have directed as follows:- Union of India to consider the case of the Officers below the rank of Commandant in Coast Guard as to whether their retirement age can also be increased to 60 years or not. We therefore recall the Review Petition and restore the Writ Petition to its original number and dispose of the writ petition directing Union of India to consider the case of the Coast Guard also which is also a para-military force, performing functions akin to CRPF, ITBP and BSF.

Union of India is directed to consider as to whether the age of retirement of the Officers below the rank of Commandant in Coast Guard be increased to 60 as is being considered for other para-military forces as directed by the High Court. Union of India is directed to take a decision in this regard within a period of three months from the date of the receipt of the copy of this order.

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2. In view of the above, instant writ petitions are disposed of with the same direction. No costs. Consequently, the connected Miscellaneous Petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mvs/pkn.

To

1. The Secretary Government of India Union of India I Floor, South Block DHQ P.O New Delhi 110 011.

Coast Guard Head Quarters

3. The Commander Head Quarters - Coast Guard Region (East) Near Napier Bridge Chennai 600 009.

4. The Principal Controller of Defence Accounts (Navy) Office of the PCDA (Navy), CG Section No.1 Cooperage Road Mumbai 400 039.

5. The Officer In-charge Coast Guard Stores Depot (Chennai) G.M.Pettai Road, Royapuram Chennai 600 013.

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+1 cc to Mr.K.Gunasekar Advocate sr21844 +1 cc to Mr.S.meena kumari advocate sr20999 +1 cc to Mr.P.prabhu Mukunth Arun kumar Advocate sr21329 +1 cc to M/s.G.R.Associates sr21068 Pre-delivery common judgment in Writ Petition Nos.38214 of 2016 and 16116 of 2019 gmr(co) aa19/03/2020 5/7