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2025 DIGILAW 2681 (KER)

CISF Ex-Service Welfare Association v. Union Of India Ministry Of Home Affairs

2025-10-21

N.NAGARESH

body2025
JUDGMENT : N. NAGARESH, J. W.P.(C) No.26101/2024 has been filed by CISF Ex-Service Welfare Association seeking to quash Ext.P7 and to direct the 8 th respondent to transfer the database of Ex-CISF personnel residing in the State of Kerala to the 2 nd respondent and further direct the 2 nd respondent to grant liquor canteen facility to the Ex-CISF personnel residing in the State of Kerala forthwith. 2. W.P.(C) No.3418/2025 has been filed by retired personnel of Central Industrial Security Force seeking to declare that retired CISF personnel from Kerala are entitled to purchase liquor through CLMS System from CRPF Liquor Canteen, Pallippuram or any other Liquor Canteens of CAPFs as per their quota eligibility. 3. The parties and exhibits are referred to in this judgment as they are referred to / marked in W.P.(C) No.3418/2025 for convenience. 4. The petitioners state that they are retired personnel of Central Industrial Security Force (CISF). The CISF is one of the Central Armed Police Forces (CAPFs) of Government of India functioning under the Ministry of Home Affairs. The Union Government has always been appreciative of the difficulties faced by the members of the Tri-services – the Army, Navy and Air Force as well as of the CAPFs. For internal security operations, the CAPFs are deployed in the first instance due to technical reasons. While the Defence Ministry of the Union supervises the Tri-services, the Home Ministry supervises CAPFs. 5. It has been the consistent policy of the Union of India that the men in uniform be provided with the best of facilities during their service and after their retirement. Canteen facilities are provided to the serving as well as retired members of the Tri-services. The members of the Tri-services are allowed to purchase a host of provisions from the Defence Canteens and also from a large number Canteen Store Depots (CSDs). 6. On the basis of persistent demands from the members of CAPFs, the Central Government decided to give similar benefits to the CAPFs personnel except liquor. The Central Government introduced the Central Police Force Canteen System (CPFCS) for the welfare of the retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles as per Ext.P4 OM dated 18.09.2006. By Ext.P5 communication, the Central Government introduced liquor facility to all retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles. The Central Government introduced the Central Police Force Canteen System (CPFCS) for the welfare of the retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles as per Ext.P4 OM dated 18.09.2006. By Ext.P5 communication, the Central Government introduced liquor facility to all retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles. The Government directed all master / subsidiary canteens to obtain liquor licence for store and sales from the State Government concerned. 7. By Ext.P6 OM dated 23.11.2012, the Government designated all retired personnel of CRPF, BSF, CISF, ITBP and SSB as “Ex-Central Armed Police Personnel” and directed all State Governments / Union Territories to extend them all facilities of retired Ex-servicemen of Defence Forces. 8. In Kerala, the State Government permitted BSF Canteen, Thiruvananthapuram and CRPF, Pallippuram to possess, sale or distribute IMFL for serving and retired BSF and CRPF personnel, as per Ext.P7 gazette notification dated 11.04.2013. Ex-CISF and Ex-ITBP personnel were not allowed to purchase liquor either from Pallippuram CRPF Camp or Thiruvananthapuram BSF Camp. 9. The Government of Kerala issued Ext.P8 gazette notification enlarging the liquor facility to all the units of CAPFs. Thereafter, all retired CISF personnel were being granted liquor cards after collecting a canteen deposit. At the instance of Rehabilitation and Welfare Directorate of MHA, a Central Liquor Management System (CLMS) portal was introduced. In paragraph 13 of Ext.P13 Circular dated 02.01.2023, it was stated that personnel of CISF and IB will not be issued with Indian Made Foreign Liquor by CRPF. 10. The petitioners state that the decision taken by the 4 th respondent not to extend liquor facility to Ex-CISF personnel in spite of the clear provisions in the CLMS, is without any justification. Pursuant to an interim order dated 24.03.2023 in W.P.(C) No.10204/2023 of this Court, the 2 nd respondent resumed sale of liquor to the retired CISF personnel. However, the 2 nd respondent stopped issuance of liquor to the petitioners by 31.01.2024 stating that old stock of liquor has been completely exhausted. 11. This Court disposed of W.P.(C) No.10204/2023 directing that a decision shall be taken by the Director General as expeditiously as possible but not later than three months, based on which the request of the petitioners for access to the CLMS will be decided. 11. This Court disposed of W.P.(C) No.10204/2023 directing that a decision shall be taken by the Director General as expeditiously as possible but not later than three months, based on which the request of the petitioners for access to the CLMS will be decided. By Ext.P18 order dated 28.06.2024, the 4 th respondent stated that grant of liquor facility to retired CISF personnel would not only be against the long standing policy of CISF but also would lead to similar demands from the serving personnel, which if implemented would adversely impact the security of critical infrastructure / establishments guarded by CISF. 12. The petitioners state that the logic in Ext.P18 is untenable, legally unsound and in complete violation of the directions of the Union Home Ministry. The benefit of welfare measures extended by the Ministry of Home Affairs to the retired persons of the CAPFs cannot be denied by the Director General of CISF. Once a uniformed soldier from a CAPF retires from service, the Director Generals of the services have no power to curtail the benefits granted to them by the MHA. The petitioners are therefore entitled to a declaration that retired CISF personnel are entitled to purchase liquor through CLMS systems from CRPF Liquor Canteen, Pallippuram or any other Liquor Canteens of CAPFs, urged the petitioners. 13. Respondents 2 and 5, who are the Deputy Inspector General, CRPF and the Director General, CRPF filed counter affidavits and resisted the writ petitions. Respondents 2 and 5 submitted that the CRPF, ITBP, BSF and SSB opted to go with online sale system (CLMS) whereas CISF opted to be out from the CLMS. In CLMS, data of serving and retired men is required to be stored in a server. Only those whose data are available in the server will be able to use the system. The server of all four organisations proposed to exchange the data of their men. However, CISF opted to remain out of the System. 14. Respondents 2 and 5 further submitted that data of serving and retired men of other CAPFs will be made available after integration of their respective CLMS software. The CRPF had provided liquor facility to CISF personnel on the basis of liquor card till implementation of online sale as per new CLMS policy. 14. Respondents 2 and 5 further submitted that data of serving and retired men of other CAPFs will be made available after integration of their respective CLMS software. The CRPF had provided liquor facility to CISF personnel on the basis of liquor card till implementation of online sale as per new CLMS policy. Since CISF has opted to be out from the system of CLMS, the data of Ex-CISF personnel would not be available in the system server and therefore liquor cannot be issued to them. 15. The 4 th respondent also filed a counter affidavit. The 4 th respondent stated that the CISF never had a policy to issue liquor to its personnel, whether serving or retired. The CISF decided to continue with the same policy. The CISF is deployed for providing security to India's most critical infrastructure / facilities like nuclear installation, space establishments, airports, seaports, power plants, refineries, etc. as well as for VIP security. The introduction of liquor in CISF may impact its duties. The writ petitions are therefore without any merit and are liable to be dismissed. 16. I have heard the learned counsel for the petitioners, the learned DSG of India and the learned Central Government Counsel representing the respondents. 17. The petitioners are retired personnel of CISF which is a Central Armed Police Force. The Government of India has a consistent policy that men in uniform be provided with the best of facilities both while in service and after retirement. Canteen facility is a major facility provided by the Government to the Navy, Army, Air Force and CAPF. The Navy, Army and Air Force personnel are allowed to purchase provisions from Defence Canteens and Canteen Store Depots across the country. 18. Considering the demands from the members of CAPFs for similar facility, the Government of India decided to extend similar benefits and Central Police Forces Canteen System was introduced by the Government for the welfare of retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles. 18. Considering the demands from the members of CAPFs for similar facility, the Government of India decided to extend similar benefits and Central Police Forces Canteen System was introduced by the Government for the welfare of retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF and Assam Rifles. The objective of Central Police Forces Canteen System (CPFCS) is to provide consumer goods of wide range and variety to the Force personnel including ex-members of the CPF personnel and their families at desirable locations, at least possible rates without compromising the quality and through a system which can generate maximum synergistic advantage by making best use of competitive market mechanism and having an open collaborative approach on source generation / sharing. 19. Ext.P4 office memorandum dated 18.09.2006 issued in this behalf contemplates constitution of a Central Administrative Committee (CAC). CPFCS was to evolve as a Department under the Ministry of Home Affairs. ADG of Central Police Forces was to act as Chairman of CAC on rotation basis. The CAC is expected to ensure that detailed guidelines to run the CPF Canteen System smoothly up to battalion / unit level in consultation with all CPFs are laid down. 20. On the implementation part, to enjoy the bargaining power of 7.5 lakhs of CPF personnel from the manufacturer, the CAC is expected to deliberate to start canteen in one go all over the country with the support of network of concerned manufacturer if possible. 21. The Ministry of Home Affairs subsequently issued Ext.P5 letter dated 28.06.2011 on introduction of liquor facility in CPC. Ext.P5 indicates that the meetings of Director Generals held on 27.05.2011 agreed that liquor will also be introduced in CPC for consumption of serving / retired personnel. All the CAPFs were required to intimate the quarterly demand of liquor so that CPC is able to complete total quantity and type of liquor to be procured. All master canteens and subsidiary canteens were directed to approach State Excise Department for obtaining liquor licence for storage as well as sale of liquor. 22. At the instance of the respondents, the Government of Kerala, Taxes (G) Department also issued Gazette Notification dated 01.06.2018 amending Foreign Liquor Rules to take in all CAPF personnel for supply of liquor through canteens. 23. 22. At the instance of the respondents, the Government of Kerala, Taxes (G) Department also issued Gazette Notification dated 01.06.2018 amending Foreign Liquor Rules to take in all CAPF personnel for supply of liquor through canteens. 23. In fact, the retired personnel of CISF were being granted liquor cards from the office of the DIG, CRPF on production of discharge certificate / pension identity cards. The persons like the petitioners were granted CISF pensioners' liquor cards, as can be seen from Exts.P10 to P12. This was done after collecting advance deposits from retired CISF personnel. However, after introduction of the Central Liquor Management System, the CRPF stopped to supply liquor to CISF personnel. 24. 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. In Ext.P17 judgment in W.P.(C) No.10204/2023, this Court directed the Director General of CISF to reconsider the claims of retired CISF personnel so as to enable them to continue to obtain the benefit of purchase of liquor as has been done in the past. Thereupon, the 4 th respondent passed Ext.P18 order dated 28.06.2024. In Ext.P17 judgment, this Court had observed that one fails to understand why the CISF personnel stand on a different footing in the matter of access to liquor. Nevertheless, in Ext.P18, the 4 th respondent held that it would be against the long standing policy of CISF and would lead to similar demands from the serving personnel, which if implemented, would adversely impact the security of critical infrastructure / establishments guarded by CISF. 25. The aforesaid reasoning cannot stand the scrutiny of law as the different approach sought to be made by the 4 th respondent is palpably unsustainable. Firstly, all the wings of Central Armed Police Forces are discharging duties which can be described as sensitive in view of the national security requirements. 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. 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 further reason that similar demand will arise from other sectors cannot be a reason to discriminate the petitioners. Ext.P18 order therefore cannot be sustained. 26. In the circumstances of the case, Ext.P18 is set aside. It is declared that retired CISF personnel are entitled for purchase of liquor through CLMS System from CRPF Liquor Canteen or any other Liquor Canteens of CAPFs. The 4 th respondent 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. Writ petitions are disposed of as above.