1. Heard counsel for the petitioner and the counsel for the respondent State.

2. The petitioner in this writ application has prayed for a direction upon the respondents to pay appropriate amount of compensation as well as to provide compassionate appointment to her, on the ground that her husband who was a Home Guard Volunteer, had died in a road accident on 28.1.2006 while on patrolling duty along with other Home Guards and Police Personnel.

3. The respondents 2 to 6 in their counter-affidavit, have though not denied the fact that the petitioners husband was a Home Guard volunteer and that, he had died while discharging duty on 28.1.2006, but have sought to dispute the petitioner's claim and deny their liability for payment of any compensation and for compassionate appointment, on the ground that Home Guard Volunteer is not a Government Servant and therefore, the Rules applicable to the Government employees do not apply to the Home Guard Volunteers.

4. The issue as to whether the Home Guard Volunteer while discharging his duties, is a public servant or not, is no more res-integra. Relying upon a judgment in the case of Gayatri Devi and others vs. State of Jharkhand and o