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1992 Supreme(Cal) 160

KHWAJA MOHAMMAD YUSUF
SAMIR BHATTACHARYA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ABDUL HAMID, D.K.KUNDU, P.S.BASU, R.K.MUKHERJEE, S.K.ROY CHAUDHARY, S.M.SANYAL, SAIDUR RAHAMAN

K. M. YUSUF, J.

( 1 ) ALL the four writ petitions were heard analogously and are disposed of by this Judgment.

( 2 ) THE writ petitioners joined the West Bengal Home Guard, Border Wing Home Guard, from time to time since 1978 and thereafter. The petitioners are divided into four categories of the Border Wing Home Guard, namely, Constable, Havildar, Nayek and Lance Nayek and after undergoing a training of 75 days or so they were given Certificates. Some of the petitioners are rendering services for more than 10 years, some 12-13 years, 8 and 7 years and the like, uninterruptedly or without any break. They were appointed under West Bengal Ordinance No. XI of 1962 which subsequently merged into the West Bengal Home Guards Act, 1962 with effect from 14th December, 1962. In the appointment/enrolment certificate the following is noted: "while on duty will have the same powers, functions and privileges as a Police officer appointed under Act V of 1861. " This Act V of 1861 is the Police Act, 1861 and section 8 thereof says : "every police officer appointed to the police force than an officer mentioned in section 4 shall receive on his appointment a certificate in the form annexed to thi



























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