LexJIBAN KRISHNA MONDAL & ORS. versus STATE OF WEST BENGAL & ORS.
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[2015)2S.C.R. 772 JIBAN KRISHNA MON DAL & ORS. v. STATE OF WEST BENGAL & ORS. (Civil Appeal No.6373 of 2010 etc.) MARCH 10, 2015 [SUDHANSU JYOTI MUKHOPADHAYA AND A B VIKRAMAJIT SEN, JJ.] C Service law - Regularization - Members of West Bengal Home Guards - Regularization of service - Entitlement for - Plea of home guards that they were in services of the State performing the same duty like police constables who are o Government employees, thus, entitled to regularization of their services and regular pay at par with police personnel - Held: Genesis of Home Guards and its role shows that the Home Guard Organization was always meant to be voluntary and it consisted of people from all walks of life - On facts, E majority of the claimants having attained the maximum age, no more members of the Home Guards-Appointment lette~s by other claimants not suggestive that they were performing duty all over the year - There was no master-servant · relationship - They were appointed pursuant to 1962 Rules F and their services were voluntary and would not get any pay but the duty allowance fixed by the State Government from time to time - Thus, claimants not entitled for regularization of. service - In absence of any comparison of duties, G · responsibilities, accountability and status, they cannot be equated with the Police personnel to claim parity with their payor pay scale - West Bengal Home Guards Act, 1962 - ss: 5, 7 and 9- West Bengal Home Guards Rules, 1962- rr. 3, 4, 7, 8. 772 H 773 SUPREME COURT REPORTS [2015) 2 S.C.R. A Dismissing the appeals, the Court HELD: 1.1 From the plain reading of the West Bengal Home Guards Rules, 1962, it emerges that West Bengal Home Guards are enrolled as member of the B Home Guard in the form set out in Schedule A of the Rules. The Home Guards shall ordinarily be volunteers and unpaid. But the State Government may determine the allowances to be paid to the members of the Home Guard when they are called out for duty. There is no fixed C duty for members of the Home Guard. When they are caned out for duty, they shall assist the police force in the protection of civil population against the forces of crime and disorder. They have to work in close touch 0 with Civil Defence Organization and have to perform such duties in connection /with the protection of persons, the security of property or the public safety as the State Government may, from time to time, determine. Therefore, if the West Bengal Home Guards Act, 1962 E read with West B~ngal Home Guards Rules, 1962, it is found that members of Home Guards are ordinarily unpaid volunteers for whom the State Government shall determine the pay and allowances when called out for duty. [Para 14] [789-H; 790-A-E] F 1.2 The voluntary character of the Home Guards Organization was not explicit in the 1962 Act because of the use of word "appointment as members", though it was explicit from 1962 Rules. For the said reasons, the G State Government issued West Bengal Home Guards (Amendment) Act, 1990. From the statement of objects and reasons of the Amendment Act of 1990, the intention of the Legislature to create a voluntary Home Guards Organization is made clear. [Para 15 & 16] [790-E-F; 792- H B] JIBAN KRISHNA MONDAL v. STATE OF WEST BENGAL 774 1.3 A careful perusal of genesis of Home Guards and its A role would show that the Organization was always meant to be voluntary and it consisted of people from all walks of life. In fact Government servants were also enrolled in the Home Guards to be called as and when the need arises. A large number of State enactments i.e. Andhra B Pradesh Home Guards Act, 1948, Bombay Home Guards Act, 1947,Assam Home Guards Act, 1947, ManipurHome Guards Act, 1966, Madhya Pradesh Home Guards Act, 1947, Punjab Home Guard Act, 1947, Rajasthan Home C Guards Act, 1963 etc. makes it clear that the provisions of all these enactments are more or less similar. The voluntary nature is a basic feature of the Home Guards. [Para 19] [793-B-D] 1.4 Majority of the appellants has attained the maximum D age and are no more members of the Home Guards. The appointment letters enclosed by the remaining category of appellants, do not suggest that they are performing duty all over the year like any Government servant. There E is nothing on the record to suggest the master-servant relationship. They were appointed pursuant to Home Guard Rules, 1962 and it is m
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