UNION OF INDIA Vs. PARUL DEBNATH

JUDGEMENT

(1.) Leave granted.

(2.) In exercise of powers conferred by Article 240(1) of the Constitution of India, the President of India promulgated the "Andaman & Nicobar Islands Home Guard Regulation, 1964" (hereinafter referred to as "the 1964 Regulation"). In terms of Regulation 16 of the said Regulation, the then Chief Commissioner (now Lieutenant Governor), A&N Islands, framed the "Andaman & Nicobar Home Guard Rules, 1965" (hereinafter referred to as "the 1965 Rules") for providing a voluntary organization named as "A&N Islands Home Guard Organization" for use in emergency and for other purposes in the Union Territory of the Andaman & Nicobar Islands.

(3.) The respondents herein were appointed on different dates as members of the said Home Guard Organization under Regulation 4 of the said Regulation for periods of three years and since then they were continuously made to perform duties of a regular nature. They were also deployed to work under the operational control and supervision of the A&N Police and the overall control of the A&N Administration, without any break. From the tabulated statement forming part of the writ petition filed by the respondents, it appears that the respondents have been working for periods ranging from 12 years to 23 years. Inasmuch as, the respondents claimed to be performing works of a permanent nature, but were treated differently from the regular employees of the same organization, they claimed equal pay for equal work with the regular Home Guards or for regularization of their services.