Subramonium Prasad, J. - (1.)Union of India has filed the Review Petition to review the order dated 18/7/2019 made in W.P.No.29647 of 2019, primarily on three grounds.
(a). Coast Guard is different from Border Security Force, Central Reserve Police Force and therefore, the judgment of the Division Bench of the Delhi High Court in Dev Sharma Vs.Indo Tibetan Border Police and Another,2019 SCCOnlineDel 6797 which is the basis of the judgment of the Madras High Court against which the review sought will not apply.

(b). In any event, the judgment of the Delhi High Court does not consider that Article 33 of the Constitution of India gives power to the Parliament to modify the rights conferred by this Court in their Application to forces etc., and therefore, the Armed Forces and more particularly, in this case, the Coast Guard which is governed by the Coast Guard Act, 1978 and the Rules framed thereunder can have their own reasons to fix different cut off dates for retirement for different classes of Officers.

(c). When the judgment was passed by this Court, W.P.No.29647 of 2019 was not listed and was added only by mentioning in the Court after the judgment in other connected writ petitions was completed and therefore, the writ has been allowed without hearing Union of India in the instant writ petition. It is therefore, submitted that the aforementioned two aspects could not be put forward by the Union of India which distinguishes the instant writ petition from the other petitions, the judgments in which were rendered on the basis of the Division Bench judgment of the Delhi High Court in Dev Sharma Vs.Indo Tibetan Border Police and Another,2019 SCCOnlineDel 6797.

(2.)This Court, on 18/7/2019, heard a batch of writ petitions, wherein a challenge was made to Rule 43 (a) of the Central Reserve Police Force Rules, 1955, together with the corresponding Rule 12 of the Central Reserve Police Force Group "A" (General Duty) Officers Recruitment Rules, 2001 and Rule 15 (1) of the Border Security Force, General Duty Cadre (Non-Gazetted) Recruitment Rules, 2002 in which different dates of retirement are prescribed for different grades of Officers in the Central Reserve Police Force and the Border Security Force as being violative of Article 14 of the Constitution of India.
(3.)This Court, placed reliance on the judgment of Dev Sharma (supra), which had struck down Rule 43 of the CRPF Rules, and other similar Rules governing BSF and ITBP and observed that the decision of the Delhi High Court in Dev Sharma (supra) had been challenged by way of a Special Leave Petition No.11944 of 2019 before the Hon'ble Supreme Court and the Hon'ble Supreme Court had dismissed the Special Leave Petition.