RAJINDER SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) Petitioners Rajinder Singh and Ram Chander were enrolled for three years as members of Home Guards in 4th Battalion, Nahan, H.P. on 26.12.1991 and 18.10.1991 respectively. Petitioner No.1-Rajinder Singh was put in reserved force on 13.02.2001 as he did not undergo Refresher Course in the year 1997-98 and also did not attend the routine duty. Petitioner No.2- Ram Chander did not attend routine and emergency duty etc. and he did not submit any application for his renewal after completion of his three years of enrollment and, therefore, he was also put into reserved force on 02.06.1995.

(2.) After putting them in reserved force, petitioners did not approach any authority or Court except filing present petition as an Original Application, in the year 2017, before erstwhile H.P. State Administrative Tribunal. There is an inordinate delay in approaching the Court, therefore, though, their petition may have been dismissed on the ground of unexplained inordinate delay in filing the petition, however, learned counsel for the petitioners, has placed on record a judgment dated 05.01.2021 passed by a Division Bench of this High Court in CWP No.3628 of 2020, titled as Inder Singh vs. State of H.P. and others, arising out of identical petition bearing O.A. No.374 of 2018 wherein petitioner therein was enrolled as a Home Guard on 15.01.1997 and thereafter was put in reserved force on 15.02.2001 and he had approached the erstwhile H.P. State Administrative Tribunal in the year 2017 i.e. after lapse of 17 years. In that case the Division Bench has directed the concerned authority to consider the petitioner therein for his enrollment as a volunteer in Home Guards subject to certain conditions enumerated in the judgment on the basis of norms and rules dealing with the issue.

(3.) For the aforesaid judgment passed by the Division Bench, learned counsel for the petitioners, has prayed for issuing similar directions for petitioners herein on the ground of parity, being similarly situated to the petitioner in CWP No.3628 of 2020.