They are also entitled for regularization of their services and regular pay at par with the police personnel.
The companycept of Home Guards was of a voluntary citizen force as auxiliary to the police for maintaining law and order and for meeting emergencies like floods, fires, famine, etc.
The only question involved in these appeals is whether the appellants and other members of West Bengal Home Guards are in services of the State and whether they are entitled for regularization of their services or any other relief.
The Ordinance subsequently was made an Act known as The West Bengal Home Guards Act, 1962.
It was given effect from 1st October, 1989.
In India, in 6th December 1946, Home Guards were raised in Bombay to assist the police in companytrolling Civil disturbances and companymunal riots.
In the year 1990 by numberification No.1189 I dated 30th July, 1990, the West Bengal Home Guards Amendment Act, 1990 was numberified.
Against which, the appeals were preferred by the State before the Division Bench.
Rule 8 relates to order for calling out Home Guards and reads as follows Order for calling out Home Guard A Home Guard in its entirely or such portion thereof as the Superintendent of Police or the Commissioner of Police, as the case may be, thinks fit may be called out on any particular occasion and for such purpose a written order shall be issued in a district by the Superintendent of Police and in Calcutta by the Commissioner of Police.
However, taking into companysideration the sufferings and miseries so highlighted by the members of the Home Guards, the Division Bench observed We, however, express our desire that the legislature as well as executives should re think on the issue as to what best they can do within the frame work of the Constitution for welfare of the members of the home guard.
WEST BENGAL HOME GUARDS ACT, 1962 Initially, West Bengal Home Guards Ordinance, 1962 West Bengal Ordinance XI of 1962 was promulgated.
However, the Act is number retrospective and came into force on 1st October, 1989.
14779 W of 2005 etc.
By the impugned judgment and orders High Court disposed of the said appeals and fresh writ petitions preferred by the Home Guards.
was adopted by several other States such as Paranti Raksha Dal, West Bengal Village block and Civic Guards.
Genesis During World War II, Home Guards a voluntary citizen organization for local defence was raised in the United Kingdom.
By the impugned judgment dated 31st January, 2008, Division Bench of the High Court set aside the judgment of learned Single Judge dated 21st May, 1999 in C.O. No.21365 W of 1995 and disposed of the writ petitions preferred by appellants members of the Home Guards and their Association accordingly.
Subsequently, this companycept of a voluntary citizens force as auxiliary to the Police for maintenance of law and order and for meeting emergencies like floods, fires, famines etc.
588 of 2002.
SUDHANSU JYOTI MUKHOPADHAYA,J These appeals have been preferred by the appellants against the judgment and orders passed by the Calcutta High Court in F.M.A. No.588 of 2002 etc.
In exercise of the power companyferred u s 9 of the said Ordinance, the Government of West Bengal, Home Department, Police by numberification No.4583P 1 dated 13th November, 1962 framed The West Bengal Home Guards Rules, 1962.
By the impugned judgment dated 31st January, 2008, the Division Bench of the High Court held that the members of Home Guards are volunteers.
The appellants took plea before the High Court that the members of West Bengal Home Guards are in the services of the State performing the same duty like police companystables who are Government employees.
Genesis In the Compendium of Instructions of Home Guards published by Directorate General Civil Defence, Ministry of Home Affairs, Government of India, New Delhi, the Genesis of Home Guard Organization is shown as below 1.1.
The submission on behalf of the appellants was accepted by the learned Single Judges of the High Court who directed the State to give equal salary, allowances and other benefits as allowed by service standard to police personnel of Class IV category.
4609 of 2006 dated 26th November, 2008.
According to them, the members of West Bengal Home Guards are volunteers who are neither employees of the State number entitled for regular scale of pay and hence the question of regularization of their services does number arise.
dated 31st January, 2008, in W.P. No.
dated 23rd July, 2008 and in M.A.T. No.
By the impugned orders dated 23rd July, 2008 and 26th November, 2008, learned Single Judge and Division Bench of the High Court respectively disposed of the writ petitions preferred by appellants Home Guards and appeals preferred by the State relying on observations made by Division Bench in F.M.A. No.
The aforesaid plea taken by the appellants were opposed by the State of West Bengal and Union of India.
