JADEJA BHARATSINH MANUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of petitions under Article 226 of the Constitution are filed by the Border Wing Home Guards, Battalion No.3. The petitioners have approached this Court with a prayer to restrain the respondents from terminating the services of the petitioners on completion of three years or less than three years as Border Wing Home Guards in the Border Wing Home Guards No.3 Battalion, Jamnagar and to declare the petitioners as permanent and full time members of Border Wing Home Guards with consequential benefits.

(2.) It appears that earlier, the part time Border Wing Home Guards, Battalion Nos.1 and 2 had approached this Court for similar relief. In one such matter (Letters Patent Appeal No.712 of 2005 in Special Civil Application No.10862 of 2003), this Court (Coram: Bhagwati Prasad,J. & Bankim Mehta,J.) made order on 4th March 2009 calling upon the State Government "to give a fresh look to the issues involved for finding out an appropriate solution". Pursuant to the said direction, the State Government has considered the matter. Under its decision dated 6th April 2009, the State Government has evolved a policy to absorb the writ petitioners in the State Reserve Police Force provided they agree to forgo any right or benefit accrued under the judgment and order dated 9th February 2005 passed in Special Civil Application No.10862 of 2003. The State Government has given a clear indication that it is a one time measure offered by the State Government and that it shall not act as a precedent. The State Government has also agreed to extend the said benefit only in cases where the concerned person makes affidavit to abide by the terms of the said policy.

(3.) Learned advocate Mr.Shalin Mehta has appeared for the writ petitioners. He has submitted that the petitioners in this group of petitions (nearly 600 Home Guards) are agreeable to the terms and conditions set out in the aforesaid policy dated 6th April 2009. Each of them has made affidavit to that effect. Mr.Mehta places on record the affidavits made by the petitioners. The affidavits be maintained on the record.