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2002 Supreme(Del) 605

A.K.SIKRI, H.R.MALHOTRA
RAJESH MISHRA – Appellant
Versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI – Respondent


S. B. SINHA

( 1 ) THE status of the home guards appointed in terms of the bombay Home Guard Act, 1947 (in short, the said Act ) as extended to Delhi is the question involved in these three writ petitions.

( 2 ). The writ petitioners herein were appointed as Home guards. Their services were sought to be terminated pursuant where to they filed original applications before the, Central administrative Tribunal, principal Bench, New Delhi (hereinafter referred to as the Tribunal ), which had been dismissed inter alia on the ground that they are not holders of civil post.

( 3 ). The contention of the petitioners is that the State under the garb of the statutory scheme under the said Act read with Delhi home Guard Rules, 1954 (hereinafter referred to as the Rules ) had been abusing their statutory power in terms whereof the Home guards are recruited as labourers to supplement the normal regular work force engaged in its various Departments such as Police, railways, etc.

( 4 ). The modus operand! of the respondents, according to the petitioners, is that their services are utilized as regular employees performing duties of regular nature continuously for years together and thus although



























































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