4 Majority of & Ors. v. G Mahana, Sadhana Sandhu, Kabir Hathi, R. K. Verma, Sushma Suri forthe & Ors.
Case at a glance
Provisions considered
- West Bengal Home Guards Act, 1962
- West Bengal Home Guards (Amendment) Act, 1990
- Andhra B Pradesh Home Guards Act, 1948
- Bombay Home Guards Act, 1947
- Assam Home Guards Act, 1947
- ManipurHome Guards Act, 1966
- Madhya Pradesh Home Guards Act, 1947
- Punjab Home Guard Act, 1947
- Rajasthan Home C Guards Act, 1963
- Home Guards Act, 1962
- Constitution of India arts. 14, 16, 23, 213
- Minimum Wages Act, 1948
- West BengCI Home Guards Act, 1962
- Amendment Act, 1990
Judgment
1.4 Majority of the appellants has attained the maximum D age and are no more members of the Home Guards. The appointment letters enclosed by the remaining category of appellants, do not suggest that they are performing duty all over the year like any Government servant. There E is nothing on the record to suggest the master-servant relationship. They were appointed pursuant to Home Guard Rules, 1962 and it is made clear thattheir services are voluntary and will not get any pay but the duty allowance as may be fixed by the State Government from F time to time. Thus, the appellants are not entitled for regularization of service. Further, in absence of any comparison of duties, responsibilities, accountability and status, they may not be equated with the Police Constables or personnel to claim parity with the pay or G scale of pay as provided to the Police personnel. The High Court rightly refused to grant regularization of their services. [Para 20] [793-E-H] H 775 SUPREME COURT REPORTS (2015) 2 S.C.R.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.