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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Harishankar Acharya S/o Late Shri Jetha Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Government is instituted for the common good; for the protection, safety, prosperity and happiness of the people - John Adams
GRIEVANCE/PRAYER:-
1. The present writ petition under Article 226 of the Constitution of India [Hereinafter to be referred as “ COI ”] has been preferred by the petitioners, who are seriously aggrieved by the prevailing rotation system of engagement, under which they are offered deployment on a rotational basis. This system effectively restricts their gainful deployment to a maximum period of merely six to eight months in a year, thereby causing severe economic hardship and depriving them of a stable means of livelihood.
FACTS AND BACKGROUND OF THE CASE:-
2. Briefly stating the facts of the case are that the petitioners are discharging their duties as Home Guards in various districts of Rajasthan. Their services, though valuable to the maintenance of public order and safety, are rendered purely on a voluntary basis and are regulated by the provisions of The Rajasthan Home Guards Act, 1963. [Hereinafter to be referred as “The Act”] The grievance of the petitioners stems from the prevailing “rotation system” adopted by the respondents, under which they are
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 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.
Long-term continuous service by volunteers necessitates regularization despite their designation, per the Supreme Court's jurisprudence.
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 ....
Classification based on sentence severity for disciplinary action against chargesheeted individuals is discriminatory under Article 14, lacking rational justification and violating principles of equa....
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