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MANISH CHOUDHURY
Zaibur Rahman Laskar S/o – Tutal Mia Laskar – Appellant
Versus
Union of India, represented by the General Manager, N. F. Railway – Respondent
JUDGMENT :
Manish Choudhury, J.
Heard Mr. B.U. Laskar, learned counsel for the petitioners; Ms. S. Sarma, learned counsel representing Mr. B. Sarma, learned Central Government Counsel [CGC] for the respondent no. 1; and Mr. J. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent nos. 2 to 8.
2. The two petitioners have joined together to institute this writ petition to assail an Order dated 05.01.2018 [Annexure – I] whereby the respondent no. 7 had released the two petitioners along with three others from the duties of Home Guards in Government Railway Police Force [GRPS], Assam on the premise that they had completed their deployment tenure of 6 [six] months. The discharge order had indicated that the petitioner no. 1 was to be released on 26.01.2018 and the petitioner no. 2 was to be released on 19.01.2018.
3. The case of the petitioners is that they came to be engaged as Home Guards and were thereafter, deployed in such capacity under the Badarpur GRPS, on the basis of a communication dated 28.08.2010 issued by the Officer In-Charge, Badarpur GRPS. However, by the impugned order of discharge dated 05.01.2018, the two petitioners had been released from t
The court upheld the discharge of Home Guards as valid due to the expiration of their Command Certificates, affirming that temporary employees can be replaced under specific statutory provisions.
A.P.Police Manual or Police Standing Orders are not binding on the Home Guards since Home Guards are governed by A.P. Home Guards Act, 1948 and rules framed thereunder in view of the adoption of the ....
The main legal point established in the judgment is that disciplinary actions against Home Guards must comply with the statutory requirements, and the fundamental rights of the individuals must be up....
Continuous service of Home Guards transforms their status from volunteers to de facto employees, entitling them to equal pay and benefits under constitutional principles.
The court upheld the legality of the duty rotation system under the Rajasthan Home Guards Act, 1963, emphasizing the petitioner's lack of standing due to insufficient documentation.
As per Scheme of Rajasthan Home Guards Act, 1963, it was imperative upon respondents to make a note of enquiry in writing, after giving proper opportunity of hearing.
The Court directed the State to ensure continuous deployment of Home Guards, acknowledging their service as essential and requiring equitable treatment consistent with constitutional rights to liveli....
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