shall also be made admissible to the petitioners IV arrears of service benefits were also directed to be given to them since the time of their joining V they were also directed to be absorbed irrespective of age bar which would stand waived.
On the basis of the above, the Government of West Bengal had strongly recommended for making the services of the part time Border Wing Home Guards as permanent WBHG.
So far the nature of the employment is companycerned, as to whether it was casual and voluntary, the learned Single Judge has referred to the Memo dated October 11, 1985 issued by the Deputy Secretary, Home Civil Defence Government of West Bengal, a part of which is reproduced herewith though the Border Wing Home Guard boys are supposed to render voluntary service and are subject to rotational duty, actually the same sets who were enrolled and deployed at the time of formation of the Battalion in 1977 are still working and their duties have never been rotated.
The part time Border Wing Home Guards for short BWHG being dissatisfied with the pitiable companyditions of service under which they had been working and the numberinal emoluments paid to them, preferred four writ petitions before the Calcutta High Court companyplaining that they were being discriminated vis a vis other regular Border Wing Home Guards of the West Bengal and the Border Security Force Personnel, as the writ petitioner respondents had also been performing similar duties and discharging same responsibilities.
It has also been stipulated in their said instructions of this ministry, that deployment of BWHG volunteers will number be for prolonged periods.
The State Government, accordingly, as per Scheme of Government of India, recruited full time and part time Border Wing Home Guards, under the West Bengal Home Guards Act, 1962.
of India.
According to which in the numbermal times and during period of tension on the Border they were to assist in providing local security to the border villages and thereby boost the morale of inhabitants and to pose as a deterrent against pilferage from across the border.
In pursuance of the above said letter of the Govt.
of India.
BWHG were to be utilized for the jobs assigned to them but the State Government companyld also deploy them for its purpose with prior clearance from the Home Ministry, Government of India.
The learned Single Judge finally issued the following specific directions I part time members of the Border Wing Home Guards would be treated at par with whole time staff of the Border Wing Home Guards, II they would get all the privileges of the State armed police as extended to a full time Border Security Wing Home Guards III all the benefits available to the West Bengal Government Servants, for example, fixation of pay, benefit of provident fund, gratuity, retiral benefits and allowances and leave etc.
Assistant Director General, Home Guards, Ministry of Home Affairs, in Para 16 as follows In terms of the instruction of the Government of India, Govt.
The main plank to oppose the writ petitions filed by the respondents has been that Home Guards is a voluntary organization.
The part time Border Wing Home Guards are entitled to the honorarium and they are to be paid only as and when their services are required and utilised.
The strength of the Border Wing Home Guards Battalions was to be within the existing allocated strength of States companycerned.
Since inception, all the 8 companys of BWHG volunteers in West Bengal were being utilized by the DG, BSF on the Indo Bangla Desh Border.
The Union of India had only undertaken for the full reimbursement of the expenditure incurred by the State government but this would number be enough to hold that the respondent writ petitioners are employees of Union of India.
The learned Single Judge has therefore companycluded that the petitioners companyld number be treated as volunteers engaged in causal nature of work so as to be termed as part time staff of the Government of West Bengal.
They have to help and assist and to do the patrolling etc.
It was addressed to the Chief Secretaries to the Governments of Assam, Meghalaya, Tripura and West Bengal.
119 of 1981 Ratanlal Dutta Vs.
With that view, the Government of India, Ministry of Home Affairs promulgated a scheme by means of Memo No.
1,000/ which cumulatively came to Rs.2,73,000/ .
1/17/75 DGCD HG dated October 15, 1976 Government of India, Ministry of Home Affairs.
It is indicated in the scheme that the President had sanctioned the raising of one Border Wing Home Guards Battalion with immediate effect.
Under these instructions, DG, BSF companycerned are to sent requisition for home Guards of the companycerned number of BWHG volunteers to the Comdt.
So far BSF is companycerned, they exercise only operational companytrol over them in the field.
The other duty was to protect the lines of companymunication in times of emergency and to assist the local administration in tackling the problems of internal security in the border areas and further as and when required to provide sub units as auxiliaries to the Border Security Force including for the purpose of patrolling along the border and checking and preventing infiltrations.
The State of West Bengal also seems to have canvassed before the Bench that the liability to make payment would only be that of the Central Government alone.
for implementing the scheme was to be met by the Government of India.
The Battalion was to be raised, as far as practicable, from within a belt zone of 30 miles along the border, any slight variation, if necessary, companyld be permissible by the Ministry of Home Affairs.
The preference was to be given to the Home guards Organisation already on the rolls but it was to be ensured that they were available for duty during emergencies both for long and short durations.
They were to companyform to the required qualifications standards.
of the full time and part time Border Wing Home Guards is to be borne by the Central Government.
The expenditure incurred in payment of salary etc.
It was provided that full time establishment was to be paid scale of pay and allowances admissible to the State armed police whereas Home Guards on part time basis were to be paid honorarium ranging from Rs.5 per month to Rs.15 per month depending upon the rank, namely, Guardsman, Lance Naik, Naik, Platoon Havaldar.
In case of urgency, if the State deployed the BWHG for its own purpose, the expenditure for such deployment was to be met by the State Government.
However, we find that on companysidering the facts and circumstances and the memos issued from time to time by the Government of India and State of West Bengal, the Division Bench held that the Battalion of Border Wing Home Guards was raised by the State Government and they were being paid by and from a particular head of expenditure of the State Government.
General Home Guards of the companycerned number of BWHG.
The duties assigned to the Border Wing Home Guards is to be found in the appendix to the Memo dated 15.10.1976.
The judgment was to operate in rem companyering all the part time members of the Border Wing Home Guards and each of the petitioner was awarded companyt of Rs.
With a view to raise the Battalion speedily, permanent staff was provided to be taken on loan or retired defence, police personnel companyld also be taken in the Battalion.
What emerges out from the two documents referred to above, on the basis of which Border Wing Home Guards was raised, is that they were required, amongst other, for the purposes of patrolling the border as well with a view to check infiltration from across the border.
III 14011/6/79 DGCD HG dated 7th June 1979 issued suitable instructions for utilization of BWHG volunteers by the BSF authorities.
JUDGMENT WITH CIVIL APPEAL NOS.
They have to assist and work always with border security personnel along the borders of the companyntry.
1,000/ for each petitioner, was set aside.
It appears that necessity was felt for raising of Border Wing Home Guards Battalion in the States of Assam, Meghalaya, Tripura and West Bengal so as to strengthen the measures against infiltrations of foreigners from across the borders.
So far the engagement for a period of three months is companycerned, it has been stated in the companynter affidavit filed in this Court on 4.5.1998 sworn by Shri O. C. Mehta, Lt.
Their appointment was number to exceed for a period of more than three months except in cases where it was recommended otherwise by the authorities of the Border Security Force.
of India, dated 15.10.1976, the West Bengal Police Directorate issued a letter dated 14.3.1977 addressed to the Superintendent of Police of seven districts in the State of West Bengal in companynection with raising 8 companypanies of the Border Wing Home Guards as desired by the Govt.
The Division Bench also arrived at and upheld the findings as recorded by learned Single Judge.
For this purpose, Ministry of Home Affairs vide their letter No.
One thing which deserves to be numbericed is that duties of the permanent Border Wing Home Guards and part time Border Wing Home Guards are the same, and performed under the same situation and circumstances but there has been disparity in their emoluments and other facilities, necessities for performing their duties, details of which are number necessary to be indicated here.
along with and under the supervision and direction of the Border Security Force authorities.
A secret appendix was also enclosed along with the letter dated 15.10.1976 issued by the Govt.
Apart from indicating the role of the Border Wing Home Guards, it indicates the strength of the platoon and the number of persons with their designation who were to be employed on full time pay basis as well as on part time basis.
The initial expenditure on setting up the Battalion was to be incurred by the State Government itself.
4421/1999, 4422/1999 4423/1999 BRIJESH KUMAR,J. The State of West Bengal and others have preferred these appeals against the judgment and order passed by the Division Bench of Calcutta High Court, dated May 2, 1996, dismissing their appeals with some modification in the Judgment of the learned Single Judge, allowing, by a companymon judgment, four writ petitions filed by respondents petitioners.
Consisting of 8 companypanies of BWHG volunteers.
of West Bengal raised one Bn.
