IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 549 of 2008. Decided on: July 22, 2010. Bhag Singh & others ….. Petitioners. Versus State of H.P. & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioners: Mr. A.K.Vashista, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (oral) The Writ Petition is filed with the following prayers: “i) That in view of the facts and circumstances narrated in detail hereinabove, the impugned order dated 1-10-2007 contained in Annexure A-1 whereby the service conditions of the applicant have been unilaterally and illegally changed by the respondents may kindly be quashed and set aside. ii) To regularize the services of all the applicants as Police Constables with effect from the date of their initial appointments with all consequential benefits, like pay, seniority, arrears etc. etc.” 2. In the reply furnished on behalf of respondents No. 1 to 3, it is stated as follows: “That the contents of this para are admitted to the extent that the petitioners are the residents of the area mentioned in the memorandum of parties. It is further submitted that prior to enactment of the Himachal Pradesh Police Act, 2007, the Police in the State of H.P. was being governed under the Police Act, 1861. Section 17 of the Police Act-1861 provides for the appointment of Special 2 Police Officers when it appears that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police officer may require to act as special officers for such period as deemed necessary. The cross border terrorism in border area of Chamba district made it necessary for the respondent State to invoke the provisions of Section 17 of the aforesaid Act. Accordingly it was decided to engage the services of local volunteers as Special Police Officers to ensure peace and to prevent terrorist incidents in the area. It is pertinent to submit here that the Government of India has clarified that the Special police Officers are civilian volunteers who are paid honorarium as a token of appreciation of their contribution to security of their local areas.” 3. In view of the reply as above, in case, the petitioners have still any grievance left, they may approach the first respondent, in which case, the grievance will be duly considered by the first respondent with notice to the petitioner(s) and any other affected party. 2. With these observations, the Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. July 22, 2010. ( Justice Rajiv Sharma), (karan) Judge. 3