JUDGMENT :

Nelson Sailo, J.

1. Heard Mr. K. Sema, learned Senior Addl. Advocate General, Nagaland assisted by Ms. Levika, learned Government Advocate for the appellants. Also heard Ms. Akala, learned ASGI appearing for the respondent No. 7 and Mr. Taka Masa, learned Senior Counsel assisted by Ms. Tiakumla for the respondent Nos. 1 to 6/writ petitioners.

2. This writ appeal is directed against the Judgment & Order dated 09.11.2017 passed by the learned Single Judge in WP(C) No. 33(K)/2017.

3. Brief facts of the case as projected by the writ petitioners is that the petitioners are the Village Guard Association of Nagaland and its office bearers and the association is a Registered Service Association under the Societies Registration Act, 1860 as amended and the place of registration is at Tuensang town.

4. According to the petitioners, the Village Guards Association of Nagaland represents the personnel of all Village Guards (VGs for short), serving in the State of Nagaland. VGs was established in the State in the year 1957. Presently, the VGs are employed in Mon, Tuensang, Kiphrie, Longleng, Phek (Meluri Subdivision) districts of Nagaland. The VGs was initially a voluntary force of peasant soldiers. It was established by the Government of Nagaland to maintain law and order and as a counter insurgency force in the rural areas of Nagaland. The role and duties of VGs are primarily for assisting the Police in curbing criminal activities and apprehending criminals within their jurisdiction. They also take the role of first responder during the time of natural calamity for which most of them have been trained. The VGs also help the district administration in the maintenance of law and order in the villages. They perform Road Opening Patrol (ROP) duties for VIP, counter insurgency operations, guides, performing election related duties, parade contingency, Bagpiper Band in a national celebration day, round the clock security duty in their respective villages, guarding the international borders of Myanmar etc.

5. The VGs spread other 320 posts and the organization is headed by the Commissioner, Nagaland as the Ex-officio Commandant General. He is assisted by Commandant, Stationed at Tuensang, 2 (two) Deputy Commandants in Mon and Kiphrie respectively and 10 (ten) Assistant Commandants. According to the petitioner, there are presently about 9579 VG personnels.

6. It is the further case of the petitioners that the contribution of the VG personnel over the years in furtherance of the national interest is outstanding and especially towards strengthening and improving the overall security in the border areas of the State of Nagaland. The VG personnel have been awarded Ashok Chakra, Shaurya Chakra and many other Gallantry Awards over the years for their distinguish service to the nation. The VGs are trained and are issued rifles and ammunition by the State Government.

7. The petitioners contend that the VG personnel are paid a fixed monthly wage of Rs. 1,500/- per month, ration allowance of Rs. 25/- per day while on duty and a yearly clothing allowance of Rs. 500/-. When they are promoted, they are paid NCOs rank allowance of Rs. 50/- per rank-wise. The VG personnel are entitled for regularization in service only from the rank of Jamadar and above.

8. The petitioner association in its General Executive Meeting held on 25.09.2015 resolved to approach the State Government for revision of their monthly wages and facilities. It was further resolved that in the event of non-fulfillment of their demands, the Office Bearers of the Association were authorised to approach the appropriate redressal forum for justice.

9. The members of the petitioner association in fact had a General Meeting on 24.09.2015 at Tuensang where it was unanimously resolved to approach the State authorities to pay them minimum wages by increasing their monthly pay from Rs. 1,500/- to Rs. 5,000/-. Further to increase their ration allowance from Rs. 25/- to Rs. 150/- per day and to increase