IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9191 of 2006 UDAI KUMAR Versus THE STATE OF BIHAR & ORS 3 16.11.2009 Learned counsel for the petitioner is permitted to add D.G.(Home Guards) as party respondent. Heard counsel for the petitioner and the State. The petitioner was engaged in service of Home guard and was serving as a driver. While on duty at Indo-Nepal Boarder on 28.9.2005 the petitioner sustained fire arm injuries around his eyes from Moist organization. Learned counsel for the petitioner submits a regular F.I.R. was instituted being Mainatand P.S. Case No.58 of 2005 dated 28.9.2005 under section 307 and other allied sections of the Penal Code and section 27 of the Arms Act. He further submits that the splinter which was embedded around the petitioner’s eyes has not been extracted till date. The petitioner lost his part vision. The District Commandant, Bihar Home Guard unit, West Champaran also sent a recommendation to the Home Guard Headquarter along with relevant documents for making appropriate compensation to the petitioner. The petitioner states that all that has been given to him up till now is a petty amount of Rs.445/- and the authorities had not even provided medical facility for extracting the splinter which still stands embedded around his eyes. He further submits that he is not even being given duty in the Home Guard and it was not appropriate to - 2 - KHAN disengage him completely. The petitioner asserts that he still can perform some other duties in the Home Guard. Counsel for the State submits that as per the government policy, the petitioner is entitled for the medical treatment and not an employment. It is not in dispute that the persons earlier engaged in the Home Guard service are now being treated as government employee. It is equally true that persons engaged in the Home Guards at the relevant time of incident were not treated as government employee. After hearing the counsel for the parties, I am of the view that the petitioner should first approach the D.G. Home Guards, Bihar, Patna for redressal of his grievance. If the petitioner files a representation before the D.G. Home Guards, he would dispose of the same preferably within a period of four months from the date of its filing. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)