“10. Having heard learned counsel for the parties, this Court finds that the Division Bench which pronounced the judgment in Dev Sharma vs. ITBP (Supra) had itself subsequently clarified in Bharat Singh & Ors. vs. Union of India & Ors. (Supra) that the judgment in Dev Sharma vs. ITBP (Supra) as well as that of the Government order dated 19th August, 2019 would be applicable to those in the CAPFs, who had not crossed the age of sixty years as on 31st December, 2019. Since the petitioners had crossed the age of sixty years prior to 31st January, 2019, they would not be entitled to the benefit in accordance with the Division Bench judgment in Bharat Singh & Ors. vs. Union of India & Ors. (Supra). Consequently, the issue raised in the present writ petition is not res integra. Further, this Court is of the view that the present writ petition cannot be used to challenge coordinate Division Bench’s judgments in Dev Sharma vs. ITBP (Supra) and Bharat Singh & Ors. vs. Union of India & Ors. (Supra) on grounds of being arbitrary and/or violative of Article 14 of the Constitution of India. Consequently, the present writ petition is dismissed.”
