THAKORE MANHARJI NARAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MS.Shrushti A.Thula, learned advocate for the petitioners prays that as the Union of India-respondent No.3 is a formal party and no relief is claimed against it, she may be permitted to delete the said respondent. Permission to do so is granted.

(2.) RULE. Ms.Sangeeta Vishen, learned Assistant Government Pleader waives service of notice of RULE for the respondents. As the issue involved in the cases of the petitioners is similar, their cases are being taken up and decided by a common judgment,today.

(3.) THE petitioners are Border Wing Home Guards, who are at present serving in Battalion No.4, Border Wing, Nalia-Kutch. Prior to the filing of the present petitions, a spate of litigation has ensued wherein Border Wing Home Guards have filed various petitions in the court, a recital of which may not be relevant, for the purpose of deciding these petitions. Resultantly, Letters Patent Appeals were also filed. During the pendency of Letters Patent Appeal No.712 of 2005 in Special Civil Application No.10862 of 2003 and allied matters, a Division Bench of this Court directed the State Government to have a fresh look at the whole matter, with a view to seeing that the State Government formulates a Policy for absorption of the Border Wing Home Guards in the State Reserve Police. Consequent upon passing of the said order, dated 4-3-2009, a decision was arrived at by the State Government for absorbing the Part-time Border Wing Home Guards on the State Reserve Police service, on certain terms and conditions and a Policy was formulated for the said purpose. Amongst other requirements, it was decided that those Border Wing Home Guards, who have put in at least 5 years of service and are desirous of getting the benefit of the Scheme, would be considered, provided they apply in the proper form to the Recruitment Board.