VEER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Under challenge, in this petition, is the judgment of the H.P. State Administrative Tribunal dated September 11, 1997. The Petitioners, it appears, were enrolled as Home Guards Volunteer(s) under the provisions of Himachal Pradesh Home Guards Act, 1968 ('Act' for short). After serving as Volunteers in the Home Gurds, for three years and extended period, they were placed in the reserved category from the date their respective tenure expired. Dis-satisfied, the Petitioners moved the State Administrative Tribunal, seeking directions that they be treated as permanent employees of the Home Guards Organization and are liable to be retired only on attaining the age of superannuation. They also claimed pensionary benefits after such retirement as available to a Government employee.

(2.) The Administrative Tribunal by its impugned judgment, relying upon its earlier judgment in Kuldip Kumar and Ors. v. State of H.P. and Ors. O.A. No. 1995 of 1996 decided on 12.8.1997, held that the Petitioners were volunteers in the Home Guards organization under the Act and cannot be treated as Government servants.

(3.) The Petitioners in their application before the Tribunal claimed that they were appointed as Bandsmen in 11th Btn. of H.P. Home Guards Organization with their posting at Band Training Centre, Arki and thereafter, they have been performing their duties as such. One of the Petitioners, Veer Singh, participated in the Republic Day Parade in Delhi in the years 1989,1990 and 1992. They were also granted certificates commending their work.