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by Admin
05 December 2025 12:07 PM
“Once an officer is declared fit for command, denying him three more years of service on vague grounds defies Article 14”, In a decisive affirmation of constitutional equality within uniformed services, the Delhi High Court struck down Rule 20(1) and 20(2) of the Coast Guard (General) Rules, 1986, which set 57 as the retirement age for officers of the rank of Commandant and below, while allowing officers above that rank to serve till 60. The Court emphatically held that the discriminatory superannuation age violates Articles 14 and 16 of the Constitution and cannot be justified under Article 33, which permits only functional or disciplinary restrictions on fundamental rights in armed forces.
The Division Bench of Justices C. Hari Shankar and Om Prakash Shukla, while allowing a batch of writ petitions led by W.P.(C) 6028 of 2021, declared:
“We are constrained to hold that Rule 20(1) and 20(2) of the 1986 Rules, insofar as they fix different ages of superannuation, is unconstitutional and violative of Articles 14 and 16 of the Constitution of India.”
“Reasons cited are replete with rhetoric but little else” – Court rejects Coast Guard’s defence under Article 33
In a scathing analysis of the Union’s defence of the Rule under Article 33 of the Constitution, the Court found that none of the justifications offered bore any relation to operational efficiency or discipline—the only grounds on which Article 33 can be invoked.
“Article 33 cannot be a fig leaf to defend arbitrary executive action. Vague assertions of command and control or medical evacuation risks are not valid constitutional defences,” the Court observed.
The Coast Guard’s defence—that junior officers retiring at 57 maintained “youthfulness” in sea-going duties—was rejected as factually unsubstantiated. The Court noted that:
“On what basis do the respondents assume that officers would be less medically fit at 60 than at 57? Or that increasing the age of superannuation by three years would result in complacency and inertia?”
It further slammed the Ministry of Defence's justification as “astonishing”, and “unsupported by even a scintilla of empirical data.”
“Same uniform, same training, same duties — but not the same retirement age?”
The Court flatly rejected the Union’s attempt to treat the Indian Coast Guard as distinct from Central Armed Police Forces (CAPFs) like CRPF, BSF, ITBP, CISF, and SSB. Referring to its earlier judgment in Dev Sharma v. ITBP, where a similar rule for CAPFs was struck down and later upheld by the Supreme Court, the Bench stated:
“This finding, to our mind, would apply, with equal force, to the Coast Guard… All are similarly situated. Once fit for command, differential retirement ages serve no rational purpose.”
While acknowledging that the Coast Guard is technically not a CAPF, the Court ruled that its parity with other paramilitary forces was legally and functionally undeniable, citing judgments of the Kerala and Madras High Courts, which treated the Coast Guard as part of India’s paramilitary apparatus.
“Rule 20(1)-(2) is not saved by Article 33 – It serves neither discipline nor duty”
Crucially, the Bench dissected the scope of Article 33, which allows Parliament to restrict or abrogate fundamental rights of armed forces personnel only to the extent necessary to maintain discipline or ensure discharge of duties. It ruled that:
“Fixing disparate ages of retirement has nothing to do with either proper discharge of duties or maintenance of discipline. Article 33 cannot save Rule 20.”
The Court found that reasons like command challenges, training overlaps with Navy, or supersession fears were speculative, observing that:
“Abstract expressions such as ‘optimum output’, ‘dynamic efficiency’, and ‘complacency’ have been employed without clear justification.”
The judgment makes it clear that executive invocation of Article 33 must pass a functional relevance test, which Rule 20 fails to meet.
“Three years of service lost due to unconstitutional rule – Petitioners entitled to notional continuity and full benefits”
Having found the Rule unconstitutional, the Court directed the government to grant notional continuation in service up to 60 years for all petitioners, with pay fixation, increments, and retirement benefits recalculated accordingly. The arrears are to be disbursed within 12 weeks.
“The petitioners stand superannuated at 57 only because of a Rule we now declare illegal. They are entitled to be treated as having served till 60, with all consequential benefits.”
The judgment applies to all officers of the Coast Guard, irrespective of rank, thereby standardising the retirement age across the force.
“This is not about career ambitions, but constitutional guarantees”
In perhaps the most powerful segment of the ruling, the Court reminded the Union that this is not merely a service matter, but a constitutional violation.
“We are truly astonished at the reasons adduced for justifying retiring officers at 57 while others continue till 60. Vague rhetoric cannot defeat constitutional equality.”
It drew parallels with the Supreme Court’s judgment in Atul Shukla, which struck down similar differential treatment within the Indian Air Force.
“Concerns arising from a parity in retirement age are more perceptional than real. They remain to be substantiated by any empirical data,” the Court said, quoting Atul Shukla.
Judicial Intervention Warranted When Executive Policy is Arbitrary and Discriminatory
The Delhi High Court’s ruling stands as a forceful endorsement of constitutional equality in the armed forces, pushing back against administrative opacity and arbitrary age-based distinctions unsupported by reason or data. It reaffirms the judiciary’s role in scrutinising executive decisions that impact fundamental rights, even within uniformed services, when no rational nexus or empirical justification exists.
“The boots may have to be hung up someday — but the State cannot decide who must hang them earlier based on arbitrary lines,” the Court concluded.
Date of Decision: November 24, 2025
