Judgment

Arijit Pasayat, J.—Leave granted in SLP (C) Nos. 10865-10874 of 1998.

2. These appeals are directed against judgments rendered by different Division Benches of the Gujarat High Court holding that the orders of disengagement of the respondents who were working as Home Guards and Home Guards Commandants were without legal sanction. The orders of engagement of the respondents were passed in purported exercise of powers conferred under Section 2 of the Bombay Home Guards Act, 1947 (in short the ‘Act’). Subsequently being of the view that the respondents’ activities were in violation of the guidelines contained in Government Resolution No. HGD/1078/5355/F dated 3.9.1979 of the Home Department, the orders of disengagement were passed. Akshay Amrutlal Thakkar-the respondent in Civil Appeal No. 2456 of 1998 filed a writ application challenging the order of disengagement which was dismissed by learned Single Judge. The Letters Patent Appeal filed by him was allowed. The respondents in the connected Civil Appeals had filed writ applications which were allowed by a Division Bench of the Gujarat High Court. It was held that the act of the Bombay Home Guards Rules, 1953 (in short the ‘Ru