Denial of liquor access to retired CISF personnel violates constitutional equality and the central government’s policy, establishing entitlement to benefits available to other CAPF retired members.

JUDGMENT :

N. NAGARESH, J.

W.P.(C) No.26101/2024 has been filed by CISF Ex-Service Welfare Association seeking to quash Ext.P7 and to direct the 8^th respondent to transfer the database of Ex-CISF personnel residing in the State of Kerala to the 2^nd respondent and further direct the 2^nd respondent to grant liquor canteen facility to the Ex-CISF personnel residing in the State of Kerala forthwith.

2. W.P.(C) No.3418/2025 has been filed by retired personnel of Central Industrial Security Force seeking to declare that retired CISF personnel from Kerala are entitled to purchase liquor through CLMS System from CRPF Liquor Canteen, Pallippuram or any other Liquor Canteens of CAPFs as per their quota eligibility.

3. The parties and exhibits are referred to in this judgment as they are referred to / marked in W.P.(C) No.3418/2025 for convenience.

4. The petitioners state that they are retired personnel of Central Industrial Security Force (CISF). The CISF is one of the Central Armed Police Forces (CAPFs) of Government of India functioning under the Ministry of Home Affairs. The Union Government has always been appreciative of the difficulties faced by the members of the Tri-services – the Army, Navy and Air Force as well as of the CAPFs. For internal security operations, the CAPFs are deployed in the first instance due to technical reasons. While the Defence Ministry of the Union supervises the Tri-services, the Home Ministry supervises CAPFs.

5. It has been the consistent policy of the Union of India that the men in uniform be provided with the best of facilities during their service and after their retirement. Canteen facilities are provided to the serving as well as retired members of the Tri-services. The members of the Tri-services are allowed to purchase a host of provisions from the Defence Canteens and also from a large number Canteen Store Depots (CSDs).

6. On the basis of persistent demands from the members of CAPFs, the Central Government decided to give similar benefits to the CAPFs personnel except liquor. The Central Government introduced the Central Police Force Canteen System (CPFCS) for the welfare of the retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles as per Ext.P4 OM dated 18.09.2006. By Ext.P5 communication, the Central Government introduced liquor facility to all retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles. The Government directed all master / subsidiary canteens to obtain liquor licence for store and sales from the State Government concerned.

7. By Ext.P6 OM dated 23.11.2012, the Government designated all retired personnel of CRPF, BSF, CISF, ITBP and SSB as “Ex-Central Armed Police Personnel” and directed all State Governments / Union Territories to extend them all facilities of retired Ex-servicemen of Defence Forces.

8. In Kerala, the State Government permitted BSF Canteen, Thiruvananthapuram and CRPF, Pallippuram to possess, sale or distribute IMFL for serving and retired BSF and CRPF personnel, as per Ext.P7 gazette notification dated 11.04.2013. Ex-CISF and Ex-ITBP personnel were not allowed to purchase liquor either from Pallippuram CRPF Camp or Thiruvananthapuram BSF Camp.

9. The Government of Kerala issued Ext.P8 gazette notification enlarging the liquor facility to all the units of CAPFs. Thereafter, all retired CISF personnel were being granted liquor cards after collecting a canteen deposit. At the instance of Rehabilitation and Welfare Directorate of MHA, a Central Liquor Management System (CLMS) portal was introduced. In paragraph 13 of Ext.P13 Circular dated 02.01