MOHAMMED YOUSUF Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioners were appointed as Home Guards in A & N Islands Home Guard Organization on diverse dates and have jointly filed the instant writ petition challenging the notification dated 11.10.2011 issued by the Assistant Secretary (Home), A & N Administration, Port Blair, wherein the eligibility criteria are that the Home Guard Volunteers of the said Organization must render five years of continuous service without any break and should be in active service as on 06.5.2009.

(2.) IT is pertinent to be recorded before proceeding to deal with the matter that none of the petitioners are in active service at the time of moving the instant writ petition. A & N Islands Home Guards Regulation, 1964 was promulgated in exercise of the power conferred by Clause-I of Article 240 of the Constitution of India. The object behind the promulgation of the said Regulation is to provide the protection of person, security of property and for the larger interest of public safety. Regulation 5 thereof provides the tenure for such service as may be prescribed.

(3.) .In compliance of the aforesaid order, the Home Guards(Regularization/Absorption/Appointment) Scheme of A & N Administration, 2005 was framed and duly notified on 5th April, 2005. By the said notification, the A & N Administration decided to fill up 20% of the vacancies occurring in any year (including the existing vacancies) in all the posts in Group-D under A & N Administration and in the post of Constable in Group-C under the A & N Police Department for the Home Guards who are presently enrolled and have rendered at least five years of continuous service or more.