The Supreme Court has stayed a Delhi High Court ruling that mandated a uniform retirement age of 60 years for all ranks in the Indian Coast Guard and directed the Union government to form an expert committee to review service conditions, including recruitment and retirement parameters, for the maritime force.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice on the Centre’s appeal against the High Court judgment that had struck down provisions of the Coast Guard (General) Rules, 1986 prescribing different retirement ages for officers. The top court said the existing framework governing retirement and service conditions needed reconsideration and should not remain tied to “British-era” regulations.
During the hearing, the bench observed that the Coast Guard is a “highly skilled” and technologically advanced force where experience plays a significant role. It cautioned that the government should not adopt a “static or conservative” approach while determining service conditions. The court directed the Union to constitute an expert committee to examine the full service profile of Coast Guard personnel, from recruitment age to superannuation, and submit a report.
The court ordered that the operation of the Delhi High Court’s judgment would remain stayed until further orders and granted the Centre two weeks to file its counter affidavit. The matter will be listed for hearing thereafter.
Additional Solicitor General Archana Pathak Dave argued that the High Court had erred in comparing the Coast Guard with Central Armed Police Forces such as the ITBP, CRPF, CISF and SSB. She submitted that Coast Guard personnel operate in far harsher sea conditions similar to the Navy, which necessitates maintaining a younger workforce.
Dave also contended that retirement ages in the armed forces are closely linked to recruitment age to ensure a fixed length of service and that such determinations fall within the policy domain. She warned that if the High Court ruling were allowed to stand, it could trigger similar claims across other defence services.
On November 24, the Delhi High Court had declared Rule 20(1) and Rule 20(2) of the Coast Guard (General) Rules, 1986 unconstitutional. The provisions required officers up to the rank of Commandant to retire at 57, while those above that rank retired at 60.
The High Court held that there was no rational basis for fixing different retirement ages for officers within the same force and found the classification violative of Articles 14 and 16 of the Constitution, which guarantee equality before law and equal opportunity in public employment. It ruled that a uniform retirement age of 60 years would apply to all Coast Guard officers.
The judgment was delivered on petitions filed by retired officers who had superannuated at 57 and challenged the differential treatment as discriminatory.
While staying the High Court’s order, the Supreme Court indicated that any revision of retirement policy should be based on a comprehensive, expert-driven assessment of operational requirements and workforce structure. The outcome of the expert committee’s review and the court’s final decision will determine whether the Coast Guard continues with rank-based superannuation or moves to a uniform retirement age.
