IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13280 of 2005 AWADHESH PRASAD SINGH S/O LATE BULAK SINGH R/O VILLAGE-SISUEAH PS- NAWADAH,DISTT-NAWADAH -------------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE INSPECTOR GENERAL OF POLICE, HOME GUARD,PATNA 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, HOME GUARD,PATNA 4. THE COMMANDENT, HOME GUARD, CHAJJUBAGH, PATNA 5. THE DISTRICT COMMANDENT, HOME GUARD,NAWADAH----------- ------------------------------RESPONDENTS. ----------- 3 13.9.2010 Heard learned counsel for the parties. Petitioner had volunteered for enrollment in the home guard and this is not in dispute as a certificate of enrollment dated 4.11.89 contained in annexure-1 is on record. He filed the writ application claiming payment of salary from January, 2001 to September 2001 and from 1.4.2003 till date. A counter affidavit has been filed on behalf of the respondent in which it is stated that the claim of the petitioner is misplaced. The petitioner is not a constable under the State and he is not a permanent employee or holder of a permanent post under the State. He has volunteered himself for his enrollment in the Home Guard under the rule related thereto. His engagement, deployment and benefit from such deployment are regulated by such rules. Not only this, the Standing Order No.1 of 1995 laid down the parameter under which the volunteers can be engaged. It is evident from the material that the petitioner is not entitled for payment of any salary on regular basis as a government servant is entitled to since he is not in employment of - 2 - State. He begets his allowance on deployment and work taken from him for such assignment. In addition it has also emerged that the petitioner had suffered from paralysis and he did undergo treatment for a long time. When he returned back the authority tried to accommodate him by deploying him to attend to telephone duty but his physical condition was not so good and, on examination, the Medical Officer, Police Hospital, Nawada found him not fit for engagement even as a volunteer under the Home Guard. In absence of any law or rule in this regard the petitioner has no right to claim salary as such as well reimbursement of medical expenses which the petitioner has incurred due to his ailment. This writ application seems to have been filed on mistaken understanding of law. This writ application is dismissed. RPS (Ajay Kumar Tripathi, J.)