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 Corps (hereinafter referred to as the "Corps") and may appoint a person. not being, in its opinion, below the rank of a District Magistrate (to be known as the "Controller") to command such Corps:

Provided that if there is in existence in any area in a State, immediately before the commencement of this Act in that area, an organisation which, in the opinion of the State Government, may be entrusted with the functions of the Corps, the State Government may, instead of constituting a separate Corps for such area call upon that organisation to take over or discharge the functions of the Corps in that area, and thereupon such organisation shall be deemed, for the purposes of this Act, to be the Corps for the area.

(2) The State Government may, for the purpose of co-ordinating the activities of the Controllers within the State, appoint a Director of Civil Defence and every Controller shall comply with the directions given by such Director."

Section 5 empowers the State Government to appoint members and officers of the Corps. Sub-section (2) of Section 5 provides that every person appointed to be a member of the Corps shall be given a certificate of membership. Section 6 provides for the dismissal of a member of Civil Defence Corps while Section 7 provides for an appeal to the State Government against an order made under Section 6. Section 8 enumerates the functions of members of the Corps while Section 9 empowers the Central Government to make regulations. As the petitioner has sought directions in regard to the making of regulations we may reproduce the section for ready reference. It reads thus:

"9(1) The Central Government may by notification make regulations for carrying out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may -

(a) prescribe the functions of the members of the Corps and regulate the manner in which they may be called out for service;

(b) regulate the organisation, appointment, conditions of service, discipline, accoutrement and clothing of members of any or all of the Corps;

(c) prescribe the form of certificates of membership of any or all of the Corps."

Lastly Section 20 provides that every rule made under Section 3 and every regulation made under Section 9 by the Central Government shall be laid before each House of Parliament while in session for thirty days, Admittedly the Central Government has made rules in exercise of power conferred by Section 3 called the Civil Defence Rules, 1968. So also in exercise of power under Section 9 the Central Government made regulations called the Civil Defence Regulations, 1968. Regulation 4 lays down the manner of applying for appointment to the Corps and Regulation 7 prescribes the form of certificate to be given on appointm