The Kerala High Court has set aside a 2024 order passed by the Director General of the Central Industrial Security Force (CISF), which had denied retired CISF officers access to liquor supplied through canteens set up for retired Central Armed Police Force (CAPF) personnel [CISF Ex-Service Welfare Association v. Union of India & ors and connected case].
The CISF Director-General had passed the 2024 order on the ground that extending such a benefit to retired CISF officers would violate a long-standing policy.
The CISF head added that giving liquor facilities to retired officers could lead to similar demands from serving personnel, thereby adversely affecting the discipline and functioning of the force.
Justice N Nagaresh, however, flatly rejected such reasoning as palpably unsustainable.
The judge emphasised that there was no justification in denying retired CISF personnel liquor quotas when retired personnel from other CAPFs - namely the Central Reserve Police Force (CRPF), Indo-Tibetan Border Police (ITBP), Border Security Force (BSF), etc. - are given access to the same.
All wings of the CAPF perform sensitive duties related to national security, and a different yardstick cannot be applied to CISF officers alone, the Court said. It held that the denial of canteen liquor to only CISF officers would violate the right to equality under Article 14 of the Constitution.
"It cannot be said that CISF personnel require a different yardstick in the matter of security and discipline. Denial of the benefit to the retired CISF personnel offends Article 14 of the Constitution of India. Secondly, the petitioners are retired CISF personnel and supply of liquor through canteens to retired CAPF personnel cannot impact the discipline of the Force and that too, of CISF alone," the Court said.
Thus, the Court declared that retired CSIF personnel were also entitled to purchase liquor through the Central Liquor Management System (CLMS) from CRPF Liquor Canteens or any other liquor canteen of CAPFs.
"The 4th respondent (CISF Director General) is directed to share data of retired CISF personnel to Liquor Canteens of other CAPFs as per CLMS requirements. Respondents 2 and 5 are directed to continue sale of liquor to the retired CISF personnel through CLMS System," the Court ordered.
The Court was considering two petitions, one filed by the CISF Ex-Service Welfare Association and another by retired CISF personnel, challenging CISF's decision to deny retired members access to the CLMS to buy liquor from CAPF canteens.
The petitioners stated that the CSIF Director General's order denying such facilities was discriminatory. They cited several circulars and office memoranda from the Ministry of Home Affairs (MHA) which extended canteen facilities, including liquor purchases, to all CPAFs.
On October 21, the Court found merit in their arguments and held that denying retired CISF personnel access to canteen liquor facilities contradicted the Union government's policy of providing welfare benefits to all paramilitary forces uniformly.
"I find that when liquor is supplied through the canteens to retired personnel of other CAPFs, denial of the said benefits to the retired personnel of CISF is grossly discriminatory," Justice Nagresh added.
The CISF Ex-Service Welfare Association was represented by advocates V Jayapradeep, OA Nuriya, DS Lokanathan, Alan Priyadarshi Dev and Lilin Lal.
Advocates T Sanjay and Sanil Kumar G represented some retired CSIF personnel.
Deputy Solicitor General of India OM Shalina, and central government counsel C Dinesh and Achuth Krishnan R appeared for the CSIF.
[Read Judgement]