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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Kuldeep Parasar S/o Shri Ram Niwas Parasar – Appellant
Versus
State Of Rajasthan, Secretary, Department Of Home – Respondent
ORDER :
Arun Monga, J.
1. The Home Guards serving in the State of Rajasthan, through this class action petition, are before this Court, inter alia, with the grievance that though they are termed as ‘volunteers’, but the said label is a mere facade. In reality, their continuous, uninterrupted service spanning between 5 to 20 years (on non- rotational basis without the 3 monthly break) makes it amply evident that they are volunteers no more but de facto conscripts. Their status, they contend, must be recognized in accordance with the ground realities of their enduring the regular service being rendered by them.
2. With 52,453 posts of Group-C and D now slated to be filled in Rajasthan, the Home Guards seek preferential consideration in the recruitment process. Through judicial intervention they seek a writ in the nature of mandamus commanding the respondents to create a special category for them in the recruitment process.
CASE SET UP IN THE PETITION
3. Petitioner is the Member/Secretary of Home Guard Samanvay Samiti, has filed this petition, inter alia, for directions to the respondents to provide age relaxation/bonus/other kind of weightage or by reserving certain number of posts for th
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 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....
Long-term continuous service by volunteers necessitates regularization despite their designation, per the Supreme Court's jurisprudence.
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.
Classification based on sentence severity for disciplinary action against chargesheeted individuals is discriminatory under Article 14, lacking rational justification and violating principles of equa....
The judgment emphasizes the principle of 'equal pay for equal work' and provides a comprehensive analysis of the legal framework and parameters for its application, as established in various legal pr....
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 court's decision was based on the entitlement of the petitioners for similar treatment as established in a previous judgment, and the application of specific conditions and rules for enrollment a....
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