STATE OF GUJARAT Vs. MANOHARJI RANMALJI JADEJA

JUDGEMENT

(1.) These appeals filed by the State Government arise out of a common judgement of the learned Single Judge dated 19.10.2016 in Special Civil Application No. 13923 of 2012 and connected petitions. This litigation has a long history. In the impugned judgement, learned Single Judge has recorded the background in detail. However, to make our judgement self-sufficient, we may briefly record the past indents.

(2.) Original petitioners (hereinafter to be referred to as 'the petitioners') were engaged as part-time Border Wing Home Guards. Most of them were engaged in such capacity in the year 1980 and shortly thereafter. Their engagement was pursuant to a scheme formulated by the Central Government which was conveyed to the State Government concerned under a letter dated 29.06.1979. This scheme envisaged engagement of part-time and full time Border Wing Home Guards in border districts. So far as the State of Gujarat is concerned, the scheme applied to Banaskantha and Kutch districts. It envisaged raising battalions from within the belt zone between 5 to 50 miles along the borders as far as practicable. The scheme provided that the physical standards of the persons enrolled should conform to the standards laid down for the armed police battalions in the State. Enrollment of the inhabitants of the border districts would ensure rapid mobilization. The Border Wing Home Guards would be utilized for duties in terms of the roles assigned to them. 75% of the expenditure would be borne by the Central Government and 25% by the State Governments. Appendix to the said letter dated 29.06.1979 contained further details of the scheme. It specified the role to be played by such home-guards. The scheme also provided complete set up of the organization comprising of two battalions in each district. Each battalion consists of six companies, each company having three platoon and each platoon having three sections and so on. The scheme also provided the details of the training that would be imparted to such home guards. Regarding the payments, the scheme provided as under:

(3.) In furtherance of the said scheme dated 29.06.1979, the State Government framed the Havaldar [Clerk, Accountant, Storeman, Quarter Master] Class-III Border Wing Home Guards Recruitment Rules, 1985 [hereinafter to be referred to as 'the said Rules of 1985'] in exercise of powers under Article 309 of the Constitution of India. These Rules pertain to appointment of a person to the post of Havaldar full-time, further bifurcated into categories of Clerk, Accountant, Storeman, Quarter Master in the Border Wing Home Guards set up. The said Rules of 1985 envisage recruitment through different sources. For direct selection, it specified that the candidate should not be below 18 years of age and above 25 years of age and must have the minimum educational qualification of Higher Secondary School Certificate Examination. We are informed that though these Rules were promulgated in the year 1985, all recruitments through direct selection to the post of Havaldar in permanent Border Wing Home Guards were made on similar parameters through executive instructions adopting the standards contained in the proposed rules.