ANANT PRASAD Vs. UOI

JUDGEMENT

(1.) THE factual backdrop leading to filing of the present petition is that the Home Guards organization was raised in India in the erstwhile State of Bombay in the year 1946 for the purpose of assisting the police in controlling civil disturbances and communal riots. With the passage of time the service of the Home Guards was utilized throughout India for purposes as diverse as maintenance of law and order and providing help in natural calamities like floods, fires, famines etc.

(2.) THE Delhi Home Guards organization has been raised under the Bombay Home Guards Act, 1947 as extended to the Union Territory of Delhi in the year 1959. Before we proceed further, it would be relevant to note the following salient provisions of the Bombay Home Guards Act, 1947, as extended to the Union Territory of Delhi:-

(3.) IN the year 1995, the government of National Capital Territory of Delhi terminated the services of 77 persons who were serving in the Delhi Home Guards Organization between the years 1978 and 1995. Aggrieved by the termination of their services, said 77 persons approached the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ,,Tribunal) by filing various applications under Section 19 of the Administrative Tribunals Act, 1985, which applications were dismissed vide order dated March 21, 1997. Aggrieved by the dismissals of their applications by the Tribunal, said 77 persons approached this Court by filing a petition under Article 226 of the Constitution of India, being No.4286/1997 titled as ,,Mansukh Lal Rawat & Ors v Union of India & Ors, which petition was dismissed vide order dated May 26, 1999.