GANESH DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the impugned order bearing No. D.O. 477 dated 24/2/1990 passed by the respondent No.3, the Commandant, Homeguard Organisation, Government of Tripura discharging the petitioner from service under the Homeguard Organisation and also sought for appropriate writ commanding the respondents to reinstate the petitioner in service with all incidental service benefits and also to regularise the petitioner's service as constable from 13/11/1965.

(2.) I have heard Mr. B. Das, learned seniior counsel assisted by Mr. S. Chakraborty for the petitioner. Also heard Mr. D.K. Bhattacharjee, learned counsel for the respondents.

(3.) Precisely, the petitioner's case is as follows: The petitioner entered in the public service on 13.11.65 as a member of the Tripura Homeguard Organisation (THG). Though the said Organisation was constituted under Bombay Homeguards Act, 1947 as adopted in Tripura, but at no point of time, the petitioner has been engaged as a volunteer, rather, the petitioner's service had been/has been utilised by the authority as a regularly appointed constable of Police and the petitioner had to discharge the identical duties as of Police constable. Though there was no provision either in the Bombay Homeguards Act, 1947 or rules framed thereunder empowering the authority to) discharge any homeguard personnel on attaining the age of 50 years, the petitioner had been discharged on completion of 50 years of age by the impugned order. The representation made by the petitioner failed to attract any attention of the authority. Hence, this petition.