T KODANDA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioners enrolled themselves as Home Guards in terms of the Andaman and Nicobar Islands Home Guard Regulation, 1964. The petitioners, under regulation 6 of the said Regulation, completed training and they were assigned with the job in the police service of Andaman and Nicobar Islands. Under Regulation 17 as such they became the public servant within the meaning of Section 21 of the Indian Penal Code. Under Regulation 84, the Home Guards, whose services were requisitioned for assignment in the different services under Regulation 6, also are controlled by different disciplinary proceedings for misconduct in discharge of duties to suffer appropriate punishment subject to their right to prefer an appeal. The Home Guards are entitled to pay and allowances as admissible, including the other benefits as provided under Regulation.

(2.) The writ petitioners have prayed for regularization of their services on the ground that they were assigned with the job in the police force long back and they are discharging their duties continuously. The writ petitioners, accordingly, have prayed for a writ of mandamus commanding the respondents to regularize their services though, in the writ petition, they have not made any prayer where their services should be regularized, but different orders and judgments have been annexed including the orders of the Apex Court in support of their claim that they should be absorbed in the police service of Andaman and Nicobar Islands as Group 'C post or in Group 'D' post in Andaman and Nicobar Administration.

(3.) It is further contended that on an identical posts the respondents- administration, regularized the services of many Home Guards as per their respective qualification in the different posts of Group 'C in the Andaman and Nicobar Police Service and Group 'D" in the Andaman and Nicobar Administration as the case may be in terms of the scheme as framed. But such scheme is not existing at present, due to challenge of the scheme in the writ application which ultimately went to the Supreme Court for adjudication whereby direction to the Andaman and Nicobar Administration to frame new scheme providing identical benefits to all-Home Guards identically situated, was passed.