AI Overview...
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Border Wing Home Guards - Entitlement to Parity and Benefits
Members of the Border Wing Home Guards of Rajasthan and other states have sought parity with permanent full-time Border Wing Guards regarding employment benefits, regularization, and service conditions. Several judgments indicate that part-time or auxiliary members are entitled to certain benefits and that their service should be recognized for benefits like past service credit and pay scales. For example, the Rajasthan case highlights the appellants' claim for parity with permanent staff Loon Singh VS State of Rajasthan - Rajasthan. -
Service Regularization and Pay Parity
Courts have emphasized that part-time Border Wing Home Guards cannot be treated differently from full-time personnel, especially concerning pay, service benefits, and regularization. Several cases advocate for equal pay for equal work, recognizing that part-time or voluntary members should receive benefits similar to full-time staff, aligning with principles of fairness and constitutional mandates SAMIR BHATTACHARYA VS STATE OF WEST BENGAL - Calcutta, GAJAJI GOPALJI JADEJA VS STATE OF GUJARAT - Gujarat, Ranjan Bhattacharjee VS State of Tripura - Tripura. -
Legal Precedents and Judgments
Past judgments have reinforced the entitlement of Home Guards, including Border Wing units, to benefits such as past service credit and regular pay scales. Courts have also held that service conditions for volunteers or part-time members should be equitable, and that service benefits should be extended accordingly Ranjan Bhattacharjee VS State of Tripura - Tripura, RATHOD KANJI KHIMJI VS STATE OF GUJARAT - Gujarat. -
Scheme and Scheme Implementation
The schemes like the Die-in-harness Scheme and others aim to provide employment or benefits post-service or post-mortem, especially for dependents of deceased personnel. These schemes recognize the service of Border Wing Home Guards and seek to extend benefits to eligible family members Sutapa Datta, D/o Swapan Kumar Datta (deceased) VS State of Tripura - Tripura. -
Distinction Between Volunteers and Appointed Personnel
There is a distinction between volunteers enrolled in Home Guards and those appointed as civil or regular staff. Volunteers are generally enrolled for auxiliary roles, whereas appointed personnel are entitled to regular service benefits, pay scales, and employment rights, which courts have recognized as necessary for fairness NIRMAL DEY VS STATE OF TRIPURA - Gauhati, GRAH RAKSHAK, HOME GUARDS WEL. ASSO. VS STATE OF H. P. - Supreme Court.
Analysis and Conclusion
Legal rulings consistently support that Border Wing Home Guards, whether full-time or part-time, are entitled to parity in benefits, pay, and service regularization. Courts have directed that service conditions should be equitable, recognizing the contributions of these personnel and extending benefits similar to those of regular armed police forces. The overarching principle is that service benefits should not be denied based on the nature of appointment if the work and responsibilities are equivalent.
References:
- Loon Singh VS State of Rajasthan - Rajasthan
- State Of W. B. VS Pantha Chatterjee - Supreme Court
- Ranjan Bhattacharjee VS State of Tripura - Tripura
- RATHOD KANJI KHIMJI VS STATE OF GUJARAT - Gujarat
- SAMIR BHATTACHARYA VS STATE OF WEST BENGAL - Calcutta
- GAJAJI GOPALJI JADEJA VS STATE OF GUJARAT - Gujarat
- Sutapa Datta, D/o Swapan Kumar Datta (deceased) VS State of Tripura - Tripura
- NIRMAL DEY VS STATE OF TRIPURA - Gauhati
- Mi Siddi VS State of Gujarat - Gujarat
- GRAH RAKSHAK, HOME GUARDS WEL. ASSO. VS STATE OF H. P. - Supreme Court
Search Results for "Border Wing Home Guards"
2018 0 Supreme(Raj) 613 • India - Rajasthan
PRADEEP NANDRAJOG, RAMCHANDRA SINGH JHALA
Whether the appellants, members of the Border Wing Home Guards of Rajasthan, are entitled to parity with permanent whole-time Border ... parity with permanent whole-time Border Wing Home Guards in terms of employment, benefits, and regularization of service. ... Fact of the Case: The appellants, members of the Border Wing Home Guards of Rajasthan, filed writ p....
2003 4 Supreme 441 • India - Supreme Court
BRIJESH KUMAR, D.M.DHARMADHIKARI
Service Law-Regularisation-Border Wing Home Guards, part time appointments-Claim of parity with regular Border Wing Home Guards of ... Guards had obliterated-Part time Border Wing Home Guards could not be treated differently from permanent staff of Guards. ... West Bengal and Border Security Force Personnel-Battalion of Border....
2015 0 Supreme(Tri) 377 • India - Tripura
S.TALAPATRA
Wing Home Guards. ... Wing Home Guards. ... Wing Home Guards, as per previous judgments. ... benefit of the past service from the date of their appointment as Border Wing Home Guards. ... Wing Home Guards Battalion. ... Thus, the petitioner has to establish by reliable documentary evidence that he was the mem....
2018 0 Supreme(Guj) 1243 • India - Gujarat
A.J.SHASTRI
Wing Home Guards, the same have to be given to the petitioner and the like employees. ... Wing Home Guards, the same have to be given to the petitioner and the like employees– Petition partly allowed [Para 12, 13] (E) Pending admission and final hearing of the present petition, Your Lordships be pleased to stay the ... Wing Home Guards of the No.2 Battalion, Kachchh-Bhuj till the age of 58 years and by considering his date of birth ....
1992 0 Supreme(Cal) 160 • India - Calcutta
KHWAJA MOHAMMAD YUSUF
HOME GUARDS - SERVICE CONDITIONS - PART-TIME MEMBERS OF BORDER WING HOME GUARD - ENTITLED TO BENEFITS AT PAR WITH FULL-TIME STAFF ... Wing Home Guards. ... Wing Home Guard and would get all the privileges of the State Armed Police as extended to the Full-Time Border Wing Guards. ... Wing Home#HL_END....
2005 0 Supreme(Guj) 66 • India - Gujarat
K.M.MEHTA
No. 1, the Commandant No. 2 Battalion, Border Wing Home Guards, Bhuj - Kachchh respondent No. 2, Union of India - respondent No. ... Bombay Home Guards Act, 1947 - Bombay Home Guards Rules, 1953 – Claim of Service Benefits -EQUAL PAY FOR ... EQUAL WORK - Respondent authorities namely State of Gujarat, through the Commandant General, Home Guards Headquarters, respondent ... The said scheme of Border#HL_END....
2016 0 Supreme(Tri) 439 • India - Tripura
S.TALAPATRA
The petitioner sought appointment under the Die-in-harness Scheme following the death of her father, a Naid Subedar in the Border ... The petitioner had approached the respondent No. 2, the Director General of Police, for giving her appointment to a suitable post, commensurate to her qualifications, under the Die-in-harness Scheme for death of her father namely, Swapan Kumar Datta, who was a Naid Subedar in the Border Wing Home Guards ... Battalion, Home Department and died on 06.05.2....
1997 0 Supreme(Gau) 270 • India - Gauhati
N.G.DAS
HOME GUARDS - APPOINTMENT LETTER - VOLUNTARY SERVICE - NO WORK NO PAY BASIS - DISTINGUISHED FROM BORDER WING HOME GUARDS BN. - NO ... HOME GUARDS - CIVIL POST - BOMBAY HOME GUARDS ACT, 1947 - SERVICE BENEFITS - PAY SCALES - EQUAL PAY FOR EQUAL WORK - CONSTITUTION ... The court relied on the provisions of the Bombay Home Guards Act, 1947, and the Tripura Home #HL....
2016 0 Supreme(Guj) 1797 • India - Gujarat
J.B.PARDIWALA
Wing of Home Guards, sought a writ of mandamus for revised pay scale and to quash the decision rejecting their pay anomaly claim ... Educational Qualifications - Expert Body Recommendations Fact of the Case: The writ-applicants, serving as Drivers in the Border ... India, Bharat Sarkar, Ministry of Home Affairs, to raise two Border Wing Home Guards Battalions in the State of Gujarat. ... It has been pointed out that a driver in the....
2015 0 Supreme(SC) 193 • India - Supreme Court
SUDHANSU JYOTI MUKHOPADHAYA, N.V.RAMANA
Home Guards – Home guards of Himachal Pradesh, Punjab and NCT of Delhi – Volunteers – Home guards are only enrolled, not appointed ... ... The questions involved in these appeals are whether Home Guards ... of States of Himachal Pradesh, Punjab and N.C.T of Delhi are regular appointees in the cadre/services of Home Guards and if not whether ... Pantha Chatterjee and others, (2003) 6 SCC 469 was related to part tim....
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