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2023 Supreme(Online)(Mad) 87216

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Sanjay V. Gangapurwala, CJ, Mr. D. Bharatha Chakravarthy, J
Lakshmichandra Harishchandra Sharma Commandant, Retired (0090-D) – Appellant
Versus
Union of India, Ministry of Defence – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Prabhu Mukunth Arun Kumar, Mr. Niranjan Rajagopalan, M/s. Kavya Silambannan
For the Respondents: Mr. A.R.L. Sundaresan, Additional Solicitor General of India, Assisted by Mr.N.Ramesh, Senior Standing Counsel, Mr. M. Aravind Kumar, CGSPC, Mr. Subbu Ranga Bharathi, CGSC

COMMON ORDER

(Order of the Court was made by Mr. Justice. D.Bharatha Chakravarthy)

These writ petitions are filed by the petitioners, who were members of the Coast Guard with two limbs of prayers. Firstly, they challenge the constitutional validity of Rule 20(1) of Indian Coast Guard Rules, 1986. Secondly, they challenge the order passed by the Government of India, Ministry of Defense, dated 21.07.2020, refusing to enhance the age of retirement of the members of the Coast Guard up to the level of commandant also to be 60 years from 57 years. The impugned Rule reads as follows:-

{20. Retirement (1) Retirement age for officers holding a rank higher than that of a Commandant shall be sixty years and for officers of other ranks it shall be fifty-seven years.

(2) Retirement age of enrolled persons shall be fifty seven years}

{Note: The retrospective effect of this rule shall not adversely effect any of the serving Coast Guard/enrolled persons.}”

Thus it can be seen that it provides for the age of retirement of the members of the Coast Guard upto the cadre of commandant as 57 years and in respect of the Ranks above the commandant as 60 years. The personnel working in the Ranks upto the comman

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