MAN SUKH LAL RAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution challenges the order dated 21st March, 1997 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal). By the impugned order, the Tribunal decided seven petitions being O.A.Nos.2423/95, 2549/96, 1271/95, 146/96, 1963/96, 1018/95 and 1578/95. Before the Tribunal, there were 77 applicants but before us there are only 25 Petitioners.

(2.) The case made out by the Petitioners is that they were (and in some cases, they are) working as members of the Home Guards. It is stated that they were appointed on various dates from 1978 onwards and all of a sudden, they have been told that their services are no longer required. No reasons have been given for terminating their services nor has any written order been given to this effect.

(3.) At the outset, it is first necessary to understand who, or what are "Home Guards". The Government of India, Ministry of Home Affairs has printed a booklet called "Home Guards-Compendium of Instructions, 1993". A perusal of Para II thereof shows that the Home Guards is a voluntary citizens organisation raised for local defence in the United Kingdom during World War-11. The Home Guards was raised in India in December, 1946 in Bombay to assist the police in controlling civil disturbances and communal riots. This concept of a voluntary citizens force which was to be auxiliary to the police force was extended to purposes as diverse as maintenance of law and order, for meeting emergencies like floods, fires, famines, etc. It appears that the Home Guards is spread all over India and it continues to maintain its voluntary concept and character. The role of the Home Guards is now revised and the services of a member of the Home Guards can now be utilised in a variety of other ways.