Cannot Treat Retired BSF Personnel As “Ex-Servicemen” For Granting Concessions For Consumption Of Liquor In Tamil Nadu: Madras High Court

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu observed that as per the existing Act and Rules, the term “Ex-Servicemen” did not include personnel who retired from the para-military force and it was for the Government to make such amendments.

“It is for the Government of Tamil Nadu, as the delegatee of the State Legislature to make suitable amendments in the Tamil Nadu Liquor (Licence and Permit) Rules, 1981, for including retired personnel from the Border Security Force in the definition of 'Ex-Servicemen' in the said Rules, but it would not be possible for this Court, at the instance of the Petitioner, to issue any direction in that regard...,” the court said.

The court was hearing a plea by the BSF Ex-Servicemen Welfare seeking to treat them as “Ex-Servicemen” for getting the benefits and concessions as per law for liquor possession and consumption in Tamil Nadu.

As per the Tamil Nadu Prohibition Act, 1937, any form of purchase, sale or consumption of liquor in the State of Tamil Nadu would have to be strictly in accordance with the provisions of that enactment and the Rules made thereunder. Rule 17 of the Tamil Nadu Liquor (Licence and Permit) Rules, provides for various kinds of licenses issued for personal use and consumption of liquor in which FL4(A) license is for possession and sale of liquor to Military Units and Military personnel and Ex-servicemen.

The association had contended that its members, retired personnel of the BSF, were entitled to the same benefits for liquor consumption that were extended to other Ex-Servicemen in the state of Tamil Nadu. For this, the association relied on an Office Memorandum dated 23.11.2012 issued by the Ministry of Home Affairs, Police Division-II, Resettlement and Welfare Directorate, approving a proposal to declare retired Central Armed Police Force personnel from Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB) as “Ex-Central Armed Police Force personnel” (Ex-CAPF personnel).

However, the Special Government Pleader informed the court that through a clarification issued on 16.03.2018, the Government, noticing the definition of Ex-Servicemen in Ex-Servicemen(Re-employment in Central Civil Services and Posts) Rules, 1979, had clarified that the personnel of BSF are not covered under the definition of Ex-Servicemen. Thus, it was submitted that the association could not seek any benefits.

The court noted that the word “Ex-Servicemen” had not been defined either in the Act or in the Rules. Based on the office memorandum issued by the Government and subsequent clarification, the court noted that the retired personnel from 'para-military forces' which includes the Border Security Force have not been treated as Ex-Servicemen. Thus, the court observed that unless they were included in the definition of Ex-Servicemen, there was no scope for extending the benefits of exemption and concession.

The court added that though retired personnel from BSF were granted benefits of Ex-Servicemen for some purpose, they did not become Ex-Servicemen. Though the association submitted that an license issued by the District Collector was subsequently withdrawn without assigning reasons, the court said that such circumstances did not confer any right and the corrective action could not be faulted with.

“As already pointed out, it would not be possible to treat retired personnel from the Border Security Force as Ex-Servicemen for extending the benefits of exemption and concession granted to Ex-Servicemen without making suitable amendments to the Tamil Nadu Liquor (Licence and Permit) Rules, 1981, for their inclusion, and the circumstance that they had been mistakenly extended such benefit earlier cannot confer any indefeasible right to perpetuate the illegality and the First Respondent cannot be faulted for the corrective action taken,” the court observed.

Thus, finding no infirmity in the action of the authorities declining to treat the members of the association as Ex-Servicemen, the court dismissed the petition.

Counsel for the Petitioner: Mr. A.Irudayam

Counsel for the Respondent: Mr.K.V.Babu for M/S.Dipthi Monoth.A, Mr. K.B.Arul, CGSC

Citation: 2023 LiveLaw (Mad) 294

Case Title: BSF-Ex-Servicemen Welfare Association of Tamil Nadu v. The District Collector, Vellore and Others

Case No: W.P.No.29936 of 2022

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