JUDGMENT

Altamas Kabir, J.

1. Leave granted.

2. In exercise of powers conferred by Article 240(1) of the Constitution of India, the President of India promulgated the “Andaman & Nicobar Islands Home Guard Regulation, 1964” (hereinafter referred to as “the 1964 Regulation”). In terms of Regulation 16 of the said Regulation, the then Chief Commissioner (now Lieutenant Governor), A&N Islands, framed the “Andaman & Nicobar Home Guard Rules, 1965” (hereinafter referred to as “the 1965 Rules”) for providing a voluntary organization named as “A&N Islands Home Guard Organization” for use in emergency and for other purposes in the Union Territory of the Andaman & Nicobar Islands.

3. The respondents herein were appointed on different dates as members of the said Home Guard Organization under Regulation 4 of the said Regulation for periods of three years and since then they were continuously made to perform duties of a regular nature. They were also deployed to work under the operational control and supervision of the A&N Police and the overall control of theA&N Administration, without any break. From the tabulated statement forming part of the writ petition filed by the respondents, it appea