WP(C) 4104/2011 BEFORE HON’BLE MR JUSTICE A. K. GOEL HON’BLE MR JUSTICE UJJAL BHUYAN This order will dispose of WP(C) no.4278/2010, 4012/2010 and 4104/2011, as it ha s been stated that all the three petitions involve common questions of facts and law. The petitioners, in all the three petitions, were member of Special Serv ice Bureau under the Central Government. However, under the provision of Sashast ra Seema Bal Act, 2007 which came into force on 1.8.2009, they became liable to be combatised affecting their status as civilian employees under the Central Gov ernment. According to the petitioners, this will be violative of Article 311 of the Constitution. In support of this submission, reliance has been placed on fol lowing judgments: 1) Judgment of Calcutta High Court dated 5th May, 2011 in WP(C) no.36/2011( Ranjit Phukan and others vs. Union of India and others); 2) Judgment of Allahabad High Court dated 7th August, 2008 in Civil Misc.W. P. No.11872 of 2000 (Awadhesh Kumar vs. State of U.P); and 3) Judgment of Delhi High Court dated 18th November 2010 in WP(C) no.7526/2 010 (Union of India and others vs. P.C. Chinhara and others). Learned ASGI for the Union of India states that the issue need not be go ne into in view of letter dated 25th March, 2009 issued by the Ministry of Home Affairs stating as under: It is further clarified herewith that neither their cadre has been chan ged nor have they been converted to the combatised set up. They have only been p osted to the Bns/BOP to perform their duties in the respective Bns/BOP where the y have been posted. They will be drawing the same pay which they were drawing ea rlier. They belong to the civilian cadre and will also be promoted to the next h igher civilian posts as per the hierarchy available in the cadre. Though there i s a proposal to combatise the civilian cadres in a phased manner but the same is still under process of implementation. This combatisation will be effected only w.r.t. willing individuals as per their option . In view of the above stand taken by the Union of India, we do not consid er it necessary to adjudicate upon the issue raised, at this stage. However, we make it clear that if it becomes necessary, the petitioners will be at liberty t o revive these petitions at any appropriate stage or take any other remedy in ac cordance with law. The petitions are disposed of accordingly.