Kerala High Court Rules in Favor of Retired CISF Personnel for Equal Liquor Canteen Access

Denial of liquor facility to retired CISF personnel deemed discriminatory, violating Article 14 of the Constitution

In a significant ruling, the Kerala High Court has declared that retired personnel of the Central Industrial Security Force (CISF) are entitled to purchase liquor through the Central Liquor Management System (CLMS) from CRPF liquor canteens, as well as other CAPF liquor canteens. The decision, delivered by Justice N. Nagaresh, addresses the exclusion of retired CISF personnel from accessing liquor facilities available to other Central Armed Police Forces (CAPFs), deeming the exclusion discriminatory and a violation of Article 14 of the Indian Constitution.

The judgment stems from two writ petitions filed by the CISF Ex-Service Welfare Association and other retired personnel challenging the decision that denied them liquor access through CAPF canteens. The petitioners argued that such denial was unjustified, especially when similar facilities were extended to other CAPFs like CRPF, ITBP, BSF, SSB, and Assam Rifles. The court recognized the persistent policy of the Union Government to provide the best facilities to uniformed personnel during and after service, emphasizing that retired CISF personnel should not be treated differently.

The court criticized the reasoning provided by the CISF's Director General, who argued that extending the liquor facility would contravene CISF's longstanding policy and could lead to demands from serving personnel, potentially impacting security operations. Justice Nagaresh dismissed these arguments, stating that all CAPF wings, including CISF, perform duties critical to national security, and there is no justification for a differential approach solely for CISF personnel.

The court's ruling mandates the CISF to share data of retired personnel with CAPF canteens as per CLMS requirements and directs the continued sale of liquor to retired CISF personnel. This decision overturns the previous order by the CISF Director General and reaffirms the equal treatment of all CAPFs under the constitutionally guaranteed right to equality.

Retired CISF personnel in Kerala and across India welcomed the judgment, viewing it as a step towards rectifying long-standing disparities in benefits post-retirement. Legal experts highlighted the judgment's reinforcement of Article 14, ensuring no discrimination among similar groups without reasonable justification.

Bottom Line:

Retired personnel of CISF are entitled to purchase liquor through CLMS System from CRPF Liquor Canteen or any other Liquor Canteens of CAPFs, as denial of the said benefits is discriminatory and violates Article 14 of the Constitution of India.

Statutory provision(s): Article 14 of the Constitution of India

Cisf Ex-Service Welfare Association v. Union of India, (Kerala) : Law Finder Doc Id # 2796435