Retired CISF Personnel Entitled To Liquor Canteen Facilities Under CLMS System: Kerala High Court [Read Judgment]

Kerala: The Kerala High Court has recently set aside restrictions on retired CISF personnel, holding that they are entitled to purchase liquor through the Central Liquor Management System (CLMS) from CAPF canteens on par with other retired Central Armed Police Force personnel.

The court of Justice N. Nagaresh was addressing writ petitions seeking access to liquor canteen facilities available to other retired CAPF personnel. The petitioners had challenged the decision of the Director General, CISF, to exclude retired CISF personnel from the Central Liquor Management System.

Addressing the historical background of welfare measures, the court observed, “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 court highlighted the introduction of the Central Police Forces Canteen System, stating, “On the basis of persistent demands from the members of CAPFs, the Central Government decided to give similar benefits to the CAPF personnel. The Central Government introduced the Central Police Forces Canteen System (CPFCS) for the welfare of the retired and serving personnel of CRPF, CISF, ITBP, SSB, BSF, and Assam Rifles as per office memorandum dated 18.09.2006.”

Regarding the implementation of this policy, the court noted, “By communication dated 23.06.2011, the Central Government introduced liquor facilities 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 licences for storage and sale from the concerned State Government.”

The court emphasized equal status recognition, stating, “By office memorandum 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 to them all facilities available to retired ex-servicemen of the Defence Forces.”

On the issue of discriminatory treatment, the court observed, “In Kerala, the State Government permitted BSF Canteen, Thiruvananthapuram, and CRPF, Pallippuram, to possess, sell or distribute IMFL for serving and retired BSF and CRPF personnel. Ex-CISF and Ex-ITBP personnel were not allowed to purchase liquor either from the Pallippuram CRPF Camp or the Thiruvananthapuram BSF Camp.”

The court noted subsequent developments, stating, “The Government of Kerala issued a gazette notification enlarging the liquor facility to all units of CAPFs. Thereafter, all retired CISF personnel were being granted liquor cards after depositing a canteen fee.”

In addressing the impugned order, the court stated, “By order dated 28.06.2024, the 4th 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 serving personnel, which, if implemented, would adversely impact the security of critical infrastructure/establishments guarded by CISF.”

The court, however, rejected this reasoning, observing, “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.”

“The aforesaid reasoning cannot stand the scrutiny of law, as the different approach sought to be made by the 4th respondent is palpably unsustainable. Firstly, all wings of the Central Armed Police Forces discharge duties which can be described as sensitive in view of national security requirements. It cannot be said that CISF personnel require a different yardstick in matters of security and discipline. Denial of the benefit to retired CISF personnel offends Article 14 of the Constitution of India,” the court observed.

Addressing the security concerns raised, the court stated, “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 demands will arise from other sectors cannot be a ground to discriminate against the petitioners.”

In conclusion, the court held, “It is declared that retired CISF personnel are entitled to purchase liquor through the CLMS System from CRPF Liquor Canteens or any other Liquor Canteens of CAPFs. The 4th respondent is directed to share data of retired CISF personnel with the Liquor Canteens of other CAPFs as per CLMS requirements.”

The court further directed, “Respondents 2 and 5 are directed to continue the sale of liquor to retired CISF personnel through the CLMS System.”

Emphasizing the welfare objective, the court noted, “The objective of the Central Police Forces Canteen System (CPFCS) is to provide consumer goods of a wide range and variety to Force personnel, including ex-members of the CPF and their families, at desirable locations and at the lowest possible rates without compromising quality.”

Sri V. Jayapradeep and Sri T. Sanjay appeared as counsel for the petitioners, while Smt. O.M. Shalina, Deputy Solicitor General of India, and Shri C. Dinesh, Central Government Counsel, appeared for the respondents.

Case Title: CISF Ex-Service Welfare Association vs. Union of India & Others

[Read Judgment]