STATE OF WEST BENGAL Vs. KINKAR KARMAKAR

JUDGEMENT

(1.) THE respondents/writ petitioners were enrolled from time to time as home guards under the West Bengal home Guard Act, 1962 (hereinafter referred to as the "said Act of 1962" ). They approached this Court for regularisation of their services by taking them in the regular pay roll of the State at par with the police personnel as also for an order of restraint as against the State from disturbing their services after attaining the age of 60 years. Pertinent to note, the respondents/writ petitioners in the above appeal did not challenge the vires of the said Act of 1962 and/or the subsequent amendments thereof. State did not file any affidavit-in-opposition before the learned Single Judge. The learned Single Judge upon hearing the respective contentions allowed the writ petition. Rule 4 of the home Guard Rules, 1962 and its proviso, section 5, 6 (iii), 7 (i), 7 (ii), (8), (9)and (10) of the West Bengal Home Guards act, 1990, the Government Order dated September 26,1995 were struck down by his Lordship holding those as ultra vires the Constitution. His Lordship directed the respondent authorities to extend equal salary/allowance and other perquisites as also terminal benefits to the writ petitioners at par with the police personnel of class-IV category.

(2.) BEING aggrieved by and dissatisfied with the judgment and order of His Lordship State preferred the above appeal. During the pendency of the appeal several writ petitions were filed on the identical issues which were referred to this Bench by the Single Bench to be heard along with the appeal. Hence, we heard not only the above appeal but also the above writ petitions. All these writ petitions are disposed of along with this appeal by this common judgment and order.

(3.) TO appreciate the point of controversy relevant provisions of the statute are required to be discussed.