HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners in all these petitions are Home Guards/Sectional Leaders/Platoon Commanders working in the State of Punjab for the last number of years. They are a big lot. Civil Writ Petition No. 8993 of 2004 is filed by 910 Home Guards as petitioners. Number of persons in other writ petitions is also quite large. They have approached this Court by way of these writ petitions under Articles 226 of the Constitution of India seeking an order that the respondents-State of Punjab be directed to treat them as regular employees and as a necessary corollary grant them regular pay scales and allowances including pensionary benefits to the effect that their conditions of services be also determined commensurate with the nature of duties performed by them and they be equated with different ranks in Punjab Police as per law. It is prayed that for grant of this relief, if necessary, offending portions of Home Guards Act, and Rules be also quashed. Since their request was denied by the respondents by passing orders dated 11/12/19.05.2004 (Annexure P-11 to Writ Petition No. 8993 of 2004) and similar orders passed in Writ Petitions, prayer is also made that these orders be quashed.

(2.) As there is a commonality of facts and relief sought and the defence of the State is also similar to all these writ petitions, these petitions were heard together. For the sake of convenience and clarity, it would be apposite to dig out the factual background from Civil Writ Petition No. 8993 of 2004.

(3.) The petitioners are working as Home Guards/Sectional Leaders/Platoon Commanders in the State of Punjab without any break for a minimum period of 10 years in some cases to 30 years in other cases. They are being paid at the rate of Rs. 90/- per day irrespective of ranks above mentioned. The Home Guards in the State of Punjab are governed by the Punjab Home Guards Act, 1947. The petitioners were not being given any of the benefits available to regular employees. The petitioners accordingly sent representations to the respondents. This was followed by notices including a legal notice. Upon State's failure to take any decision in the matter, various Writ Petitions including Civil Writ Petition No. 2173, 3572 and 7124 of 2004, were filed by the petitioners.