ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioner seeking a direction to the respondents to continue the petitioner in service till he attains the age of 60 years i.e. upto 30.04.2022 as per the Rule 12 of the Rules which provides for power to relax and also in accordance with the verdict / directions of Delhi High Court in case of Dev Sharma v. Indo Tibetan Border Police and Anr. : W.P. (C) No.1951/2012, decided on 31.1.2019.
(2.) The Delhi High Court in the case of Dev Sharma (supra), while holding the provisions of Rule 43 of the CRPF Rules, 1955 as discriminatory and violative of Article 14 of the Constitution of India, directed consideration by the respondents therein regarding the enhancement of the age for the cadres indicated therein. The matter is still pending with the respondents pursuant to the directions issued by the Delhi High Court.
(3.) It is, inter-alia, prayed that as the petitioner is due to retire on 30.04.2019 and as the matter is still pending with the respondents, in view of the fact that provisions of Rule 43 have been held to be discriminatory, the respondents be directed not to retire the petitioner in the meanwhile.;