In a landmark decision, the Madras High Court has taken a decisive step towards rectifying the disparities in the retirement ages of Indian Coast Guard officers. The Court, addressing a series of petitions filed by Coast Guard officers, has urged the Central Government to reconsider its policy and establish a uniform retirement age of 60 years for all ranks within the Coast Guard.
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The petitions, which brought this issue to the forefront, challenged the constitutional validity of Rule 20(1) of the Indian Coast Guard Rules, 1986, as well as a July 2020 order by the Ministry of Defence. The petitioners argued against the current policy of the Coast Guard, which sets varying ages of superannuation for officers based on their ranks. This policy, they claimed, was discriminatory and unconstitutional as it created a division among officers, treating them unequally.
In response to these allegations, the Central Government firmly denied any form of discrimination in its policy. The government’s defense pointed to the Delhi High Court’s judgment, which was influenced by the recommendations of the Seventh Pay Commission. This Commission had recommended a uniform age of superannuation of 60 years for all Central and Paramilitary Forces (CAPFs). However, it is noteworthy that the Coast Guard was specifically excluded from this recommendation at the time. The exclusion was based on the fact that there had been no request from the Coast Guard regarding the enhancement of the retirement age, as stated by the Central Government to the High Court.
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Despite the government’s stance, the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy of the Madras High Court took a different view. The Court not only asked the Central Government to reconsider the matter of enhancing the retirement age for Coast Guard staff but also set aside the Defence Ministry’s order that had rejected the plea for enhancement of retirement age by Coast Guard members below the rank of Commandant.
This judgment by the Madras High Court is a significant move towards ensuring equality and uniformity in the retirement policies of the armed forces in India. It highlights the judiciary’s proactive role in addressing systemic disparities and upholding the principles of equality and fairness. The decision is expected to positively impact the morale and welfare of Coast Guard officers, bringing their retirement benefits in line with those of other central forces. This move is not just a step towards administrative uniformity but also a testament to the judiciary’s commitment to upholding constitutional values and rights.
