IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No.:2329 of 2008. Decided on: 05.05.2009. __________________________________________________ Kirpa Ram … Petitioner. Versus The State of Himachal Pradesh & Ors. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. For the Petitioner : Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. _________________________________________________________ Rajiv Sharma, Judge. The petitioner is working as Band Man in the Home Guards Organization since May 29, 1983. He has sought the following reliefs: (i) That the respondents may be directed to regularize the services of the applicant as Band Man with all consequential benefits. (ii) That the respondents may be directed to pay to the applicant same pay and allowances which are being paid to the regularly employed Band Men doing similar work as is being done by the applicant at the minimum pay scales of regular employees. 1 Whether reporters of the local papers may be allowed to see the judgment?Yes. 2 (iii) That the respondents may be further directed to make payments of arrears of pay and allowances from the date of continuous employment under the respondents as Band Man. (iv) That the records pertaining to the case, including the enrollment form of the applicant, duties being performed by him and the regularly employed Band Men may be summoned for the perusal of this Hon’ble Tribunal. The case of the respondent-State is that the petitioner was enrolled purely as Home Guard Volunteer in 3rd Battalion, Shimla on 29.5.1983. The appointment in Home Guards, as per provisions of the Home Guards Act, 1968 and the Rules framed thereunder is voluntary in nature. The respondents have annexed with the reply, the copy of the judgment delivered by the Hon’ble Supreme Court in Special Leave to Appeal (Civil) No. 12465 of 1990 decided on 30.7.1991. Their Lordships of the Hon’ble Supreme Court have held that the Home Guards are employed on the basis of temporary need from time to time and they cannot ask for regularization. Similarly, their Lordships of the Hon’ble Supreme Court in State of W.B. and others Vs. Hari Narayan Bhowal and others, (1994) 4 Supreme Court Cases 78 had the occasion to determine the service conditions of the persons employed under the West Bengal National Volunteer Force Act, 1949. Their Lordships of the Hon’ble Supreme Court have held that the West Bengal National Volunteer Force is a Force of Volunteers. Their Lordships have held as under: “On plain reading of the different provisions referred to above, it appears that West Bengal National Volunteer Force is a force of 3 volunteers. When called upon for duty, the volunteer has to discharge such functions in relation to protection of persons, the security of property and preservation of the public peace in any area within West Bengal and such other functions as may be assigned to him. Any citizen of India or any person having a permanent domicile in West Bengal may offer himself for enrolment in the force and if he satisfies the prescribed conditions, he may be enrolled by the prescribed authority for such period not exceeding 5 years. Every person enrolled as volunteer under the said Act, on expiration of the period for which he had been enrolled or even prior to the expiration of the said period be discharged in accordance with the procedure prescribed under sub section (4) of Section 8. It is true that such volunteer force has to perform when called upon, the duties of the police force while maintaining law and order. But according to us, the whole concept of the National Volunteer Force, is different from that of the police force. In respect of the volunteers, it can be said that it is a standby force, not only for law and order, but for different emergencies, to aid and help the regular police force or members of the other services. The same is the position here. On the material on record, it is difficult to hold that the respondents who had been enrolled as volunteers under the West Bengal National Volunteer Force Act, belong to the class of Constables, under the West Bengal Police Force and to treat them separately in matters of fixation of scale of pay, amounts to violating Article 14 of the Constitution. According to us, they form two different classes in public service. In this background, the High Court was in error in treating them on a par with the Constables of the West Bengal State Police Force.” 4 In view of the law discussed hereinabove, the petitioner being merely volunteer in the Home Guards Organization can neither seek regularization nor invoke the principles of “equal pay, equal work”. Accordingly, there is no merit in this writ petition and the same is dismissed. No costs. (Rajiv Sharma), J. May 5, 2009. (cr)