WP(C) 427/2005 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr B. Chakravorty, learned counsel appearing for the petitioners. None a ppeared for the respondents. 2. This writ petition has been filed by the petitioners numbering twentyeig ht (28), praying for a direction to the respondents to regularize the services o f the petitioners as Home Guards, extending them all the benefits of regular emp loyees from the date of their appointment and/or pass such directions for absorp tion of the petitioners as Constables in the Assam Police/Battalion giving them preference by framing schemes for their permanent absorption with retrospective effects. 3. The petitioners’ case in brief is that they were appointed as Home Guard s as far back as in the years 1990, 1991, 1992, 1993, 1995, 1996, 1998 and 1999. Besides undergoing training, some of the petitioners also underwent specialized training at the Central Training Institute, Panikhaiti under Kamrup district. S ome of them underwent special training under V.D.P. Volunteers Scheme and some a lso received special appreciation certificates during the Independence Day celeb ration. During the training one has to go through rigorous process and are impar ted training in handling arms and ammunitions. The petitioners are provided with uniforms, ration expenses and some stipendary amounts. After completion of the training one is fit to be appointed as Home Guards. Their services felt necessar y during the election, festive seasons and Independence Day etc. During such dep loyment, the petitioners are given deployment orders and are handed with kits. The petitioners who are thus deployed, on being return from duty are to deposit the kits and obtain a clearance certificates from the authorities concerned. Som e times, the Officer-in-Charge of the respective Police Stations issues command for duty on the instructions from the Superintendent of Police of the districts for law and order duty. From the various deployment memos/orders it is evident t hat the petitioners are still continuing their duties from the date of their joi ning. While serving as such, some of the petitioners are on the verge of being o ver age in getting fresh appointments and some of them have even crossed the max imum age bar. 4. Though none appeared on behalf of the respondents, upon perusal of the r ecord I have found that an affidavit-in-opposition has been filed on behalf of r espondent No. 3 wherein at paragraph 11 it is contended that Government of Indi a have raised the AHG Bn.(B/W) in Assam, Meghalaya, Tripura ad West Bengal under a specific Scheme. It has further been contended at paragraph 12 that the Home Guards are not appointed in substantive posts and therefore, the question of reg ularization of the Home Guards does not arise. 5. Mr Chakraborty, learned counsel appearing for the petitioners has submi tted that on an earlier occasion also in the case of Ajit Ranjan Nath and 108 ot hers and Parimal Chandra Das and 53 others -vs-State of Assam and others reporte d in 1994 1 GLR 130, one hundred and sixtythree (163 ) serving Home Guards appr oached this Court for granting similar reliefs wherein while disposing the writ petition, this Court granted the following reliefs: (i) The petitioners and all other similarly situated persons shall b e regularized in their services and confirmation will be done according to Rules within a period of 3 (three) months from today. (ii) The petitioners will be entitled to all other incidental benefits of regularization and confirmation of service like - leave facility, Provident Fun d, Pension, Group Insurance Scheme, regular promotion to higher posts and other benefits which may be available to them. (iii) The petitioners will be entitled to the same ration money as available t o the members of the State Armed Force of Assam. (iv) Kit allowance as available to the members of the Armed Force of the Stat e of Assam shall also be made available to the petitioners. All other benefits w hich will be available because of regularization shall also be given to the peti tioners. (v) All these things are to be sorted out by the Respondents within a period of (4) four months from today. It is submitted by Mr Chakraborty that some reliefs were granted as per directio n of this Court passed in Ajit Ranjan Nath (supra) but the basic grievances rema ined unattended. Hence, the instant writ petition. 6. Admittedly, the petitioners have rendered their services whenever called upon, even in the extremist prone areas risking their lives. Thus, taking into consideration the statements made on oath in the writ petition as well as the fa cts and circumstances of the case, I hereby direct the respondent authority to t ake up the grievances raised by the petitioners as regards their working conditi ons and daily allowances. Moreover, as and when applications are invited for fil ling up the posts of constable in Assam Police/Battalion, the petitioners may be allowed to participate in the said selection and while selecting candidates, th e age of the petitioners would be relaxed, if necessary, as per Rules in vogue. The authority would also take into consideration the experience gathered by the petitioners while serving as Home Guards. 9. With the above direction, the writ petition stands disposed of. No costs .