1. I have heard Mr. B.N. Dutta, learned senior counsel, for the petitioners, and Mr. N.D. Chullai, learned Senior Government Advocate, appearing for the State respondents. I have also heard Mr. P. Dey, learned counsel, for the respondent Nos.6, 7 and 8.

2. In a nutshell, the case of the petitioners may be set out as under :

(i) Having been appointed, as Home Guards, under the Directorate of Civil Defence and Commandant General of Home Guards, Government of Meghalaya, Shillong, the services of the petitioners were placed, as Guardsman, in the office of the Accountant General, Shillong, ('the AG's office') on various dates, some of them having been appointed as far as back as in the year 1996 and they have continued to serve on duty assigned to them at the AG's office. In their orders of appointment, it was mentioned that their appointments were against the requirement of the AG's office and their appointment would remain valid as long as the requisitioning authority requires the services of the Meghalaya Home Guard volunteers and that no claim of the petitioners for absorption, in the units of the Home Guard, would be entertained if their services were no longer required by the requisitioning, authority. The nature of appointment of the petitioners was inherently temporary in nature, such appointments are arbitrary, unfair and violative of the Constitutional guarantees as enshrined in Part-Ill of the Constitution of India as also the directive principles embodied therein. The appointments of the petitioners had been on time-scale of pay with entitlement of dearness allowances and other allowances meant for regular Home Guards born in the parent organisation of the Directorate of Civil Defence and Commandant General of Home Guards, Government of Meghalaya. In their letters of appointment, while appointing the petitioners as Guardsman, the pay scale given to them was Rs.900-15-975 EB 20-1115-20/1375, which was a revised pay scale of 1988 of the Government of Meghalaya. Pursuant to the report of the Third Pay Commission constituted by the State Government, when the pay scale of the Home Guards for the State of Meghalaya was enhanced, the AG's office requested the Commandant, Home Guards, East-Khasi Hills, Shillong, to send actual pay fixation of the Home Guards as per the recommendations of the Third Pay Commission. In response thereto, Commandant, Home Guards, East-Khasi Hills District, Shillong, issued a letter, dated 24.4.1998. wherein a statement, showing revised pay scale, was furnished. The statement read as under :

"7. Revised Scale Rs.2650-50-2950-EB-60-3430-70-4130

2. Revised DA - January 1996, to June 1996 - NIL

July 1996, to December 1996 - 5%

January 1997, to July 1997 - 9%

August 1997, up to date - 14%

3. Revised House Rent - w.e.f August 1997 Up to date - Rs. 450 p.m.

4. Revised Medical Allowance w.e.f. August 1997, up to date Rs.300 p.m.

5. Revised Hill Allowance w.e.f. August 1997, up to date Rs. 130 p.m.

6. Revised winter Allowance w.e.f. November 1997 to February 1998 -Rs.200 p.m.

7. Revised Kit Allowance - Rs.30 p.m."

(ii) Acting upon the report of Third Pay Commission, the petitioners were provided with the revised pay scale. Even due increments, from year to year, for each of the petitioners, was certified by the office of the Commandant General, Home Guards, East Khasi Hills, and continued to be drawn in the AG's office till the year 2000. However, since the year 2000, the drawing of increments has been stopped. Though the petitioners were, in the past, granted leave and leave salary, the same have also been stopped.

(iii) The petitioners having drawn the regular time-scale with all allowances as admissible to regular employees, they were entitled to leave salary and other service benefits, which the Home Guards, working on permanent basis, under the State of Meghalaya, have been receiving.

(iv) The GPF amounts were, for sometime, deducted from the pay and allowances of the petitioners and deposited in their respective acco

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