Judgment

AHMADI, J.:- The Director of Civil Defence, West Bengal, by Order No. 4729-HCD dated 24th July, 1965 appointed the petitioner on a temporary basis on the post of Staff Officer-cum-Instructor in the Directorate of Civil Defence, West Bengal in the scale of Rs. 175-325 plus usual allowances. The petitioner claims to be a member of the Civil Defence Corps. On this premise he contends that his case is governed by the Civil Defence Act, 1968 (Act No. 27 of 1968), hereinafter called the Act. The said Act was brought into force with effect from 10th July, 1968. It may be advantageous to notice the relevant provisions of the said Act at this stage.

2. The Act was enacted to make provision for civil defence and for matters connected therewith. It extends to the whole of India. The expression Civil Defence Corps has been defined to mean the corps formed wholly or mainly to meet the needs of civil defence, including an organisation deemed to be a corps under Section 4(1). That sub-section provides for the constitution of a Civil Defence Corps. It reads as under:

"4(1) The State Government may constitute, for any area within the State, a body of persons to be called the Civil Defence Cor