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2002 Supreme(Del) 1198

MUKUNDAKAM SHARMA, S.K.MAHAJAN, MANMOHAN SARIN, DEVENDER GUPTA, S.B.SINHA, A.K.SIKRI, VIKRAMAJIT SEN
DELHI HOMEGUARDS WELFARE ASSOCIATION (DELHI PRADESH) – Appellant
Versus
LIEUTENANT GOVERNOR DELHI – Respondent


Advocates Appeared:
S.MEHDI IMAM, V.K.Tandon

S. B. SINHA

( 1 ). The first petitioner is an association of Home Guards. They were appointed in terms of the provisions of Bombay Home Guards act, 1947. The said Act has been extended to Delhi. They are allegedly appointed with a view to assisting the regular police personnel to maintain law and order. Although they initially were appointed on voluntary basis, they used to receive honorarium for their services. However, they performed the job of regular employees. The Delhi Administration issued a notification, inter alia, for regulating the rules of the Home Guards, Rule 8 Whereof reads thus:

"8. Term of Office - The term of office of a member of the Home Guards shall be three years. Provided that the appointment of any such member may, at any time be terminated by the Commandant General or the commandant, as the case may be, before the expiry of the term of office - (a) by giving one month s notice, or (b) without such notice, if such member is found to be medically unfit to continue as a member of Home Guards. "

( 2 ) HAVING regard to the fact that Home Guards are appointed for a period of three years, they are normally discharged from service upon expiry of the said period or re-










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