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2005 Supreme(Guj) 66

K.M.MEHTA
GAJAJI GOPALJI JADEJA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: GIRISH PATEL, J.S.BRAHMBHATT, JITENDRA MALKAN, KAMAL TRIVEDI, SANGEETA VISHEN, SHALIN N.MEHTA

K. M. MEHTA, J.

( 1 ) THE petitioners - 610 in number, formally appointed by the Gujarat State under the Bombay Home Guards Act, 1947 and the Bombay Home Guards Rules, 1953, but really forming a special wing, known as Border Wing Home Guards (for short "bwhg") constituted under and governed by the Government of Indias Scheme of 29. 6. 1979 for all border States for border duties, have filed this petition under Article 226 of the Constitution of India, praying before this Court that this Court may direct the respondent authorities namely State of Gujarat, through the Commandant General, Home Guards Headquarters, Ahmedabad respondent No. 1, the Commandant No. 2 Battalion, Border Wing Home Guards, Bhuj - Kachchh respondent No. 2, Union of India - respondent No. 3, to evolve fair, just and reasonable conditions of service for the petitioners herein and to further grant service benefits like fixation of pay, leave, over time, medical allowance, travelling allowance, retiral benefits like provident fund, pension, gratuity etc. to the petitioners along with arrears of the above-mentioned benefits since the time of their joining.

( 2 ) THE petitioners further prayed that this Court may be p






















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