The Supreme Court on Friday directed the Union Government to consider setting up an expert committee. The panel will re-examine the service conditions of personnel in the Indian Coast Guard. The focus will be on recruitment age and superannuation age.
The Court also stayed the operation of a Delhi High Court judgment. That verdict had struck down rank-based retirement provisions under the Coast Guard (General) Rules, 1986.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the matter.
What The High Court Had Held
The Union of India has challenged the Delhi High Court’s decision. The High Court had declared Rule 20(1) and Rule 20(2) of the Coast Guard (General) Rules, 1986 unconstitutional.
These rules prescribe different retirement ages based on rank. Officers of the rank of Commandant and below retire at 57 years. Officers above the rank of Commandant retire at 60 years.
The Delhi High Court held that this differentiation violated equality provisions. It found the rules could not survive scrutiny under Articles 14 and 16 of the Constitution.
The High Court judgment was delivered by Justice C. Hari Shankar and Justice Om Prakash Shukla.
Union’s Stand In Supreme Court
Additional Solicitor General Archana Pathak Dave appeared for the Union Government. She argued the High Court ruling could have wide consequences.
She submitted that if the judgment is allowed to stand, it may trigger similar challenges. Such challenges could arise in other forces too. She referred to structures in defence and paramilitary services, including the CRPF and the Army.
She warned that the decision may open a “Pandora’s box”.
Supreme Court’s Direction: Expert Committee
After hearing submissions, the Supreme Court issued notice in the case. It also stayed the operation of the Delhi High Court judgment.
In addition, the Bench asked the Union to review the broader service framework. The Court specifically referred to recruitment age and retirement age.
“We direct the Union to consider constituting an expert committee to revisit the conditions of service of the Coast Guard personnel,” the Bench observed.
The expert committee, if constituted, will submit a report to the Supreme Court.
