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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE SAMEER JAIN, J
Home Guard Samanvaya Samiti, District Jaipur – Appellant
Versus
State Of Rajasthan, Through The Additional Chief Secretary, Department Of Homes – Respondent
Judgment :
1. At the outset, learned counsel appearing for the petitioner-Samiti has submitted that the present petition is filed with the following prayers:
“1. By way of a writ, order, or direction in the nature thereof held that the dutywise rotation system adopted by the respondent in the garb of section 4 of the Rajasthan Home Guards Act, 1963 is impermissible holding that the term “calling for duties” do does not means a whimsical approach to call a few and debar the others from engagement; and
2. By way of a writ, order, or direction in the nature thereof held that if there are available duties & requisition from the various departments seeking engagement of the home guards on regular basis then the home guards be given duties continuously without any break in the name of rotation or “calling of duties”.
3. By way of a writ, order, or direction in the nature thereof direct and hold that any enrolment of the home guards made pursuant to the advertisement dated 09.01.2023 be not given effect to unless the present strength of the already enrolled home guards is utilized fully and further that the advertisement dated 09.01.2023 thus be quashed and set aside and direct the respondent
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.
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....
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 main legal point established in the judgment is that fair opportunity to defend oneself must be provided, but admission of serious misconduct supported by evidence can justify disciplinary action....
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....
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