RIASAT ALI Vs. STATE OF U P

JUDGEMENT

(1.) Writ Petition No. 23570 of 1987, Riasat Ali v. State of U.P. through Home Secretary, Civil Secretariat. Lucknow and Ors., was heard by learned single Judge (A.K. Yog. J.) and vide judgment and order, dated May 11, 1999, this petition was connected with Writ Petition No. 5816 of 1995. Raghvendra Singh v. District Commandant, Home Guards Mainpuri and Anr. Record of the case was directed to be placed before Hon'ble the Chief Justice for nomination of a larger Bench for hearing the cases in view of conflicting decisions of this Court in the case of Bibhuti Narayan Singh v. State and Ors., 1986 UPLBEC 1130, (A.N. Verma, J.), holding post of Home Guard to be a civil post and in the case of Abdul Hameed and Anr. v. State of U.P. and Anr. Writ Petition No. 9028 of 1990 and other connected 42 writ petitions decided vide judgment and order dated 28.10.1991 (S.C. Mathur, J.) holding said post not to be a civil post.

(2.) The Chief Justice, vide order dated 3.8.1999, directed the present petition to be listed for hearing before Division Bench dealing with service matters along with above mentioned Writ Petition No. 5816 of 1995, Raghvendra Singh v. District Commandant, Home Guards, Mainpuri and Anr., wherein another learned single Judge (D.K. Seth, J.) vide order dated 12.8.1997, had also noticed the conflict and directed the case to be placed before the Chief Justice for referring the case for hearing by a larger Bench.

(3.) The only question required to be answered in these petitions, is 'whether a person enrolled as Home Guard under U.P. Home Guards Act, 1963, as amended by the Act No. 4 of 1972, (for short called 'the Act') holds a 'civil post'?