RAJINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner seeks a direction to the respondents 'to consider his case for the post of Fireman from amongst Home Guards who have successfully completed the course of Fireman'.

(2.) The petitioner was enrolled as Home Guard Volunteer in Home Guards 4th Battalion, Nahan on 1. 05.1990. He was allotted H.G. No.4/8-21. On his transfer to Home Guards 3rd Battalion, Shimla on 7/4/1995, different H.G. number was assigned to the petitioner, i.e. 3/1-55. The petitioner had successfully completed the Fireman course in the year 1992. Certificate in this regard issued to him on 23/2/1993, has been placed on record at Annexure P-3.

(3.) It is not in dispute that the petitioner was discharged from the Home Guards Organization by respondent No.3 vide office order dtd. 7/8/2003 (Annexure R-1). The discharge was on the ground that the petitioner was called out to perform duties during the year 2003, but neither he attended his duty nor he intimated any reason for not attending the same. H.G. No.3/1-55 previously assigned to the petitioner was allotted to one Sh. Lucky Matoo on 13/2/2005. It is, thus, apparent that the petitioner was no longer on rolls of the respondent-Organization after 7/8/2003 and Home Guard number allotted to him stood allotted to different individual on 13. 02.2005. The record shows that the petitioner made representation to respondent No.3 on 26/10/2013 (Annexure R-2) for his enrolment in the organization. Respondent No.3, vide his communication dated 31. 10.2013 (Annexure R-3), intimated the petitioner that for not attending the duties, he had already been discharged from the organization and therefore, it was for the petitioner to participate in the fresh recruitment process as and when held in future.