Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14923 of 2010 ====================================================== 1. Mishri Lal Mandal S/O Shri Mangan R/O Vill Ram Nagar, P.S.Pipra Bazar, Distt-Supaul 2. Ran Vijay Singh S/O Late Gambhir Prasad Singh R/O Vill Dumara, P.S.Chenari, Distt-Purnea 3. Kamala Kanr Tiwary S/O Late Jay Mangal Tiwary R/O Vill Mathahi, P.S.Chenari, Distt-Rohtas 4. Manager Singh S/O Ram Badal Singh R/O Vill Nawapali Tola, P.S.Muffasil, Siwan, Distt-Siwan 5. Rajeshwar Kunwar S/O Late Ram Lakhan Kunwar R/O Vill Manipur Bhusara, P.S.Gaighat, Distt-Muzaffarpur 6. Ashwani Kumar Tiwari S/O Late Gokula Nand Tiwary R/O Vill +P.O.Chandwa, Distt-Bhojpur(Ara) 7. Baidhyanath Mahto S/O Late Jay Ram Mahto R/O Vill Jhalari, Ps.Gualpura, Distt-Madhepura 8. Bhuneshwari Prasad Yadav P.S.Rtiveniganj, Distt-Supaul S/O Tholhai R/O Vill Kasha, 9. Pashupathi Bhandari S/O Late Sri Ram Prasad Bhandari R/O Vill Barbari, P.S.Sor Bazar, Distt-Saharsa 10. Mahendra Prasad Yadav S/O Shri Parmeshwari Yadav R/O Vill Barbari, P.S.Sor Bazar, Distt-Saharsa 11. Umesh Prasad Mandal S/O Shri Bacha Prasad Mandal R/O Vill Bariyarpur, P.S.Narpatganj, Distt-Araria 12. Rang Bahadur Singh S/O Late Daroga Singh R/O Vill Madhopur, P.S.Garkha, Distt-Chapra, Saran 13. Ramashray Prasad S/O Late Darshan Prasad R/O Vill Adli, P.S.Siwan, Distt-Siwan 14. Anish Kumar Jha S/O Late Chedi Jha R/O Vill Abhuah, P.S.Hatodhi, Distt-Muzaffarpur 15. Ram Binod Choubey S/O Late Ganesh Choubey R/O Vill Jhitkiya, P.S.Harodhi, Distt-Muzaffarpur 16. Saklu Prasad S/O Late Dineshwar Yadav R/O Vill Haweshpur, P.S. Vikaram Rani Tatpao, Distt-Patna 17. Dinesh Kumar Jha S/O Shri Bache Lal Jha R/O Vill Baobara, P.S.Karja, Distt-Muzaffarpur 18. Birendra Chaudhary S/O Late Umehswar Chaudhary R/O Vill Purikh, P.S.Bihara, Distt-Saharsa 19. Vishwanath Baghat S/O Late Kamal Baghat R/O Vill Sattar, P.S.Bihara, Distt-Saharsa 20. Harendra Singh S/O Late Rambrich Singh R/O Vill Chodatap, P.S.Bihta, Distt-Patna 21. Shabbir Alam S/O Late Shekh Palat Ali R/O Vill Barhara, P.S.Darhara, Distt-Saharsa 22. Ram Narayan Mandal S/O Late Laddu Lal Mandal R/O Vill Raten Sara, P.S.Ghogardiha, Distt-Madhubani 23. Gauri Shankar Tiwari S/O Diljor Riwari R/O Vill Basori, P.S.Sandesh, Distt-Bhojpur(Ara) 24. Murlidhar Chaudhary S/O Late Satyanand Chaudhary R/O Vill Maheshi, P.S.Maheshi, Distt-Saharsa 25. Md. Tauhid Ali S/O Sekhbul R/O Vill Manipur Lausa Lagan,
Legal Reasoning
Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 2/15 P.S.Chausha, Distt-Madhepura
Legal Reasoning
26. Ram Chandra Yadav S/O Sri Kusum Lal Yadav R/O Vill Tumyahi, P.S.Triwaniganj, Distt-Supaul 27. Ramnaresh Kumar S/O Late Harihar Singh Yadav R/O Vill Milkipar, P.S.Mora Talaw, Distt-Nalanda 28. Nathuram S/O Late Nand Keshar Ram R/O Vill Andholi, P.S.Kishanpur, Distt-Supaul 29. Karikant Pandit S/O Late Dhorai Pandit R/O Vill Andholi, P.S.Kishanpur, Distt-Supaul 30. Rukmini Nandan Jha S/O Late Vijay Kant Jha R/O Vill Sugai Karsari, P.S.Shivhar, Distt-Shivhar 31. Bedanand Singh S/O Late Kedar Prasad Singh R/O Vill Sukhasan, P.S.Kumar Khand, Distt-Madhepura 32. Mahashankar Jha S/O Sri Suresh Jha R/O Vill Mahishi, P.S.Mahishi, Distt-Saharsa 33. Kritiyanand Prasad Srivastav S/O Late Janardan Prasad Srivastav R/O Vill Bilshandhi Tara, P.S.Vibhotipur, Distt-Samastipur 34. Shivnarayan Yadav S/O Late Durga Nand Yadav R/O Vill Uhariha, P.S.Chanapur, Distt-Supaul 35. Narendra Deo Pandey S/O Shri Sidheshwar Pandey R/O Vill Rani Sari, P.S.Bakhtiyarpur, Distt-Patna 36. Devendra Nath Sharma S/O Late Kulman Sharma R/O Vill Datiyan, P.S.Balrampur, Distt-Katihar 37. Prem Chandra Mishra S/O Late Ram Chandra Mishra R/O Vill Parsarma, Ps. Supaul, Distt-Supaul 38. Shiv Shankar Prasad S/O Late Ram Swarup Singh R/O Vill Chandmari, P.S.Shahpur Bhia-Danapur Kant, Distt-Patna 39. Niranjan Kumar Singh S/O Sri Chandi Prasad Singh R/O Officer Colony, Mirchaibari, P.S.Katihar, Distt-Katihar 40. Maha Prasad Yadav S/O Late Nathuni Yadav R/O Vill Wodli Horial Totha, P.S.Nawharra, Distt-Saharsa 41. Ashok Kumar Singh S/O Sri Lal Deo Singh R/O Vill Rasalpur, P.S.Dhanarua, Distt-Patna 42. Ram Binay Sharma S/O Late Ram Bharat Singh R/O Vill Khajuhi Rola Dayagir, P.S.Baikunthpur, Distt-Gaya 43. Md. Jalil S/O Oli Mian R/O Vill Khajuhi Rola Dayagir, P.S.Baikunthpur, Distt-Gopalganj 44. Randhir Singh S/O Late Jagnarayan Singh R/O Vill Shiv Ganj Ward No.13, P.S.Dheri On Sone, Distt-Rohtas 45. Rajendra Singh S/O Late Jagdeep Singh R/O Vill Chakveria, P.S.Gorichak, Distt-Patna 46. Rajendra Prasad Singh S/O Late Basu Deo Singh R/O Vill Siswa, P.S.Nawada, Distt-Nawada 47. Chandra Shekhar Prasad Yadav S/O Late Surya Dev Ray R/O Vill Rasalpur, P.S.Dhanarua, Distt-Patna 48. Sita Ram Das S/O Late Ram Rup Das R/O Vill Pyalapur, P.S.Bakhtiyarpur, Distt-Patna 49. Dipendra Kumar Singh S/O Late Mahavir Singh R/O Vill Bahuarwa, P.S.Salkhua, Distt-Sharsha 50. Sarwan Kumar Bishwas S/O Late Govind Lal Bishwas R/O Vill Butabati, P.S.Tarabari, Distt-Araria 51. Prabhat Kumar Singh S/O Sri Ramjatan Singh R/O Vill Ambra, Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 3/15 P.S.Konch, Distt-Gaya 52. Dilip Kumar Singh S/O Sri Sadanand Prasad Singh R/O Vill Dumra, P.S.Amwarpur(Bhawanipur), Distt-Purnea 53. Md. Yusuf S/O Nakchedi Mian R/O Vill Khera, P.S.Sor Bazar, Distt- Saharsa 54. Md. Riyajuddin S/O Md. Islam Ali R/O Vill Pagalbari, P.S.Manihari, Distt-Katihar 55. Balanand Pathak S/O Late Balmiki Pathak R/O Vill Chesi, P.S. Naubatpur, Distt-Patna 56. Bijay Kumar Singh S/O Late Mahanand Singh R/O Vill Harel, P.S.Mohiuddin Nagar, Distt-Samastipur 57. Sunil Datta S/O Late Rajendra Singh R/O Vill Bhero Bigha, P.S.Kashichak, Distt-Nawada 58. Ganuri Prasad S/O Lakshman Mahto R/O Vill Bhero Bigha, P.S.Bhero Bigha, P.S.Kashichak, Distt-Nawada 59. Kamat Nath Singh S/O Sri Ram Jag Singh R/O Vill Manpur, P.S.Vikramganj, Distt-Rohtash 60. Mohan Prasad Yadav S/O Late Nand Lal Yadav R/O Vill Ritngitwa, P.S.Gailadh, Distt-Madhepura 61. Maheshwar Prasad Yadav S/O Son Lal Yadav R/O Vill Rituara, P.S.Salakhua, Distt-Saharsa 62. Mitesh Ravidas S/O Late Rakhal Ravidas R/O Vill Nababganj, P.S.Manihari, Distt-Katihar 63. Laxmi Ravidas S/O Late Dinu Ravidas R/O Vill Ajampur Gola, P.S.Manihari, Distt-Katihar 64. Ram Swarup Prasad S/O Late Mohan Thakur R/O Vill Bareb, P.S.Akabarpur, Distt-Nawada 65. Chatradhari Sah S/O Late Babu Jee Sah R/O Vill Lalganj Bazar, P.S.Kasanpur, Distt-Supaul 66. Rajendra Prasad Yadav S/O Late Ruddi Yadav R/O Vill Sameli, P.S.Kursela, Distt-Katihar 67. Harendra Singh S/O Late Rup Narayan Singh R/O Vill Shivpur, P.S.Muffasil Saran, Distt-Saran 68. Sunil Kumar Singh S/O Late Yadunandan Singh R/O Vill Dalhi Teghra, P.S.Simri Bakhityarpur, Distt-Saharsa 69. Jitendra Narayan Mishra S/O Late Radha Kant Mishra R/O Vill Belahi, P.S.Bihariganj, Distt-Madhepura 70. Md. Alam Ansari S/O Late Khalil Ansari R/O Vill Nasiriganj, P.S.Katihar, Distt-Katihar 71. Bharat Prasad S/O Late Jai Kisun Prasad R/O Vill Kunha, P.S.Barahari, Distt-Bhojpur 72. Ashutosh Tiwari S/O Late Wakund Tiwari R/O Vill Chitoni, P.S. Akma, Distt-Chapra .... .... Petitioners Versus 1. The State Of Bihar Through The Special Secretary, Home (Special) Department Main Secretariat, Patna 2. The Commandant General , Bihar Home Guard Chhajubagh, Patna 3. The Commandant Bihar Home Guard Chhajubagh, Patna Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. R.N.Mukhopadhaya & Md.Nazir Ansari Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 4/15 For the State : Mr. Raj Kumar Singh, AC to GP-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 7 19-11-2013 The petitioners pray for setting aside order dated 8.4.2009, passed by the Commandant, Bihar Home Guard, Patna, respondent no.3 by which plea for counting the ad-hoc period of service with effect from June 1983 for purpose of computing retiral benefits has been rejected. 2. The case of petitioners is that though their services were regularized as Sepoy vide order dated 4.2.1999 of the Commandant, Bihar Home Guard, Patna in regular establishment (Annexure 13), they had been duly selected against sanctioned post after following rigorous procedure as a volunteer Home Guard/Jawan in the year 1983. On the other hand, counsel for the State submits that the petitioners are not entitled for counting of their service with effect from 1983 as they were enrolled in 1983 as mere Home Guard volunteers and they were paid on daily wage basis only. The State in support of its submissions has relied upon order dated 30.3.2005, passed in C.W.J.C.No. 13903 of 2003 (Rabindra Nath Tiwari Vs. State of Bihar), order dated 22.1.2002, passed in C.W.J.C.No.3746 of 1999 (Ramdeo Chaudhay Vs. State of Bihar and others) and decision dated Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 5/15 6.4.2001 of Hon'ble Jharkhand High Court in case of Jharkhand Grih Raksha Vahini Vs. State of Jharkhand and others, reported in 2001(49) BLJR 2084. 3. Before I take up the rival submissions for consideration it will be necessary to notice the facts of the case in brief:- 4. The petitioners were initially enrolled as Home Guards by the District Magistrate under Rule 4 of the Bihar Home Guard Rules, 1953 for rendering volunteer services for maintaining peace and tranquility in the State in early 1970s’. The State Government vide notification dated 13.8.1981 created 3 Special battalions of Home Guards and also created various posts including 72 posts of Sepoy apart from 313 posts of Sepoy which were already existing and lying vacant with the Bihar Home Guards Department. It was further stipulated in the notification dated 13.8.1981 that all the posts of Sepoy will be filled up in terms of procedure laid down in Bihar Home Guards Act, 1947 and Bihar Home Guards Rules, 1953. On 14.5.1983 the Home Guards Organization under Home(Special) Department issued notification dated 14.5.1983 directing all the Divisional and District Commandant to proceed for selection. On the basis of notification dated 14.5.1983, the Divisional/District Level Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 6/15 authorities issued notification and invited all the eligible candidates having good physique possessing minimum qualification of Matriculation to appear in the selection test. The date of selection in different districts were notified between 23.5.1983 and 25.5.1983. The petitioners who were already enrolled as volunteer by the District Magistrate under Rule 4 of the Bihar Home Guards Rules, 1953 too participated in the selection process. They were duly selected for Spl. Battalion for Home Guards. On 17.6.1983, the Commandant, Special Home Guards directed all the selected candidates including the petitioners to appear before the authorities for Medical test to be held in between 18.6.1983 to 22.6.1983. According to the petitioners, they successfully passed the medical test and were appointed as Home Guards volunteer/Jawan in June, 1983. Initially the appointments were for the period of 6 months on Ad hoc basis. However, respondents continued to pay them on daily wage basis and their services were extended from time to time. 5. On 9.1.1991 the Committee under the Chairmanship of Special Secretary took a decision to absorb the petitioners on regular basis for which certain criteria were fixed as contained in Annexure 5. On 2.2.1991 the Commandant of Bihar Home Guards, Patna confirmed that 322 sanctioned vacant posts of Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 7/15 sepoys are lying with Bihar Home Department (Annexure 6). On 20.11.1991 the Under Secretary, Home (Spl), Department observed that 322 vacant posts as notified on 2.2.1991 are to be merged with Gram Suraksha Bal (Annexure 8). Being aggrieved, the petitioners filed C.W.J.C.No. 8545 of 1991 with a prayer to quash order dated 20.11.1991 and for a direction to absorb them on sanctioned vacant post of Sepoy on regular basis in regular establishment with effect from the date of joining in Spl. Battalion. 6. The respondents in their written statement in C.W.J.C.No. 8545 of 1991 stated as follows:- “7. The petitioner had executed bond in the year 1982 but they have not been discharged after completing four years under Rule 7 of the Bihar Home Guards Rule 1983. They are still discharging on daily allowance basis since 1993 as Home guards volunteer in the Spl. Battalion no doubt their section has been made after rigorous test or merit, physic and other suitability more than as required in the selection of Sepoy in the Police Department . All are matriculation in this case. 8. Committee constituted by the Department consisting of Special Secretary Home(Spl) Department I.I.C.(Administration) Dy. Commandant General Bihar Home Guards and Under Secretary, Home(Spl) Dep. Had recommended for their absorption against the vacant 322 posts of Sepoy reported by C.G., Home Guards vide their letter no. 414 dated 9.2.1991 under Home Guards organization fixing certain criteria finally it was turned by the Government. 9. A proposal was sent to Government for regular absorption Home Guards volunteers by the Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 8/15 Commandant General, Bihar Home Guards Patna as referred to in Annexure 7 of the instant case but the Government of Bihar Home (Spl) Deptt. Letter no. 1804 dated 20.11.1991 declined and banned the fill up of 322 vacancies of the Bihar Home Guards, Special Battalion.” 7. C.W.J.C.No. 8545 of 1991 was disposed of by the Hon'ble Division Bench of this Court vide order dated 3.1.1996 with direction to the respondents to actively consider the matter for absorption of the petitioners and take a final decision in the matter within a period of six months. A copy of the order is contained in Annexure 10. On 7.2.1997 the Commandant General, Bihar Home Guards (respondent no.2) vide his order dated 7.2.1997 reiterated the process of absorption which was based on decision of the Department dated 7.6.1996. Petitioners and others were finally appointed as Sepoy in the pay scale of Rs.950-1400/- vide order dated 4.2.1999 of the Commandant, Bihar Home Guards, Bihar. Respondents in their counter affidavit stated that the petitioners were initially enrolled as Home Guards volunteer and were subsequently engaged as such Jawans in Special battalion of Bihar Home Guards in 1983 on daily duty allowance basis. By 1991, most of the Jawans (volunteers) left the Special Battalion and got employed into police as well as other departments and only 266remained in the Battalion. Subsequently, Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 9/15 pursuant to the decision in the C.W.J.C.No. 8545 of 1991 most of the Jawans were absorbed on the post of sepoy in the regular establishment of the Bihar Home Guards Organization. In paragraph 6 of the counter affidavit, the respondents stated that Special Battalions were created in the State of Bihar in the year 1981 and the strength of 2226 Home Guards were sanctioned who were required to be paid daily allowance on the admissible rate of Rs.10/- per day. The petitioners were never selected for appointment as sepoy in the Home Guards organization since the post of sepoy is a permanent paid post while all the petitioners were volunteers. Later on some of the Home Guards volunteers who earlier joined BCCL were appointed as Havildar. Some of them filed a writ petition, namely, C.W.J.C.No. 13903 of 2003 (Rabindra Nath Tiwary Vs. The State of Bihar and others) as well as C.W.J.C.Nos. 3746 of 1999 and 628 of 2002 (Ramdeo Chaudhary and others Vs. The State of Bihar and others) for counting of period spent in BCCL for the purpose of seniority. Prayer made by the petitioners of C.W.J.C.No. 13903 of 2003 was rejected by this Court vide order dated 30.3.2005. A copy of the order is contained in Annexure A to the counter affidavit. 8. The main issue in this case is whether the service of the petitioners can be reckoned from June, 1983 solely for the Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 10/15 propose of computing retirement benefit. The connected issue would be whether the case of the petitioners is similar to the case of Rabindra Nath Tiwary and Ramdeo Choudhary and others which have been relied by the State. 9. Before I examine the pros and cons of the issues the relevant provisions of law requires to be notified. 10. In the year 1959, pursuant to decisions taken by the Central Government, a purely voluntary organization was set up for enrollment of Home Guards. The enrollment/recruitment of Home Guards is governed by Bihar Home Guards Act, 1947 as well as Bihar Home Guards Rules, 1953. In terms of Act and Rules, the Central Government decided to enroll Home Guards as a Volunteer organization for maintenance of peace and tranquility in the State and to increase the habit of self reliance and discipline among the members of the force in particular and public in general and to develop in them a sense of civic responsibilities. Petitioners were engaged in 1971-73 by the order of the District Magistrate under Rule 4 of the Bihar Home Guards Rules, 1953. The State Government vide notification dated 13.8.1981 decided to create 3 Battalions to be recruited under the Chairmanship of Commandant, Home Guards in accordance with the provisions of the Bihar Home Guards Act, 1947. Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 11/15 11. Sections 3 of the Act, 1947 provides for constitution of the Home Guards to discharge function in relation to the protection of persons, the security of property or public safety in any area within the State of Bihar as may be assigned to them in accordance with the provisions of this Act and the Rules made thereunder. The Act, 1947 has been enacted to provide a voluntary organization to assist in the maintenance of peace and tranquility in the State and to increase habit of self reliance and discipline among the members of the force in particular and public in general and to develop in them a sense of civic responsibilities. Section 3(2) of the Act, 1947 contemplates that the Home guards be deemed to be a single force and the members thereof shall be formally enrolled. 12. Rule 5 of Bihar Home Guards Rules, 1953 deals with the procedure for appointment of officers and men of the Home Guards force. Rule 5(2)(iii) of the Rules, 1953 states that Commandant shall appoint all Havildar clerks, Writer Naiks, Naiks, L.Naiks and sepoys in the force. Rule 5(4) (i) provides that the candidates are required to submit applications for enrollment as a Home Guards to the District Magistrate. Rule 5(4)(v) provides that the Home Guards will be enrolled before joining the training camp by the Officer Commanding, Training Centre, Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 12/15 who shall obtain the approval of the District Magistrate of the District concerned. Rule 5(4)(iii) provides that after holding tests of the general knowledge, alertness, intelligence and physical fitness of the candidates. Under section 8 of the Bihar Home Guards Act, 1947, a Home Guard is required to serve the State Government for a period of 12 months which may be extended up to three years. Contention of the petitioners is that they had been engaged between 1971-73 by order of the District Magistrate under Rule 4 of the Bihar Home Guards Rules, 1953. Subsequently in view of 1981 notification they were selected as Home Guards volunteers/Jawans after following due selection process as provided under the Bihar Home Guards Act, 1947 and Bihar Home Guards Rules, 1953 against sanctioned vacant post. 13. The constitution bench in case of Secretary, State of Karnataka and others Vs. Uma Devi and others, (2006)4 Supreme Court Cases 1 observed that the Government may as one time measure may regularize such employees which have been appointed by the competent authority against sanctioned vacancy after following due procedure of passing relevant qualification as per mandate of Articles 14 and 16 of the constitution though there may be some procedural infraction. The Hon'ble Constitution bench in case of The Direct Recruit Class II Engineering Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 13/15 Officers’ Association and others Vs State of Maharashtra and others, AIR 1990 Supreme Court 1607, in paragraphs 44 (A) & (B) held as follows:- “(A). Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation. The corollary of the above rule is that where the initial appointment is only ad hoc and not according to rules and made as a stop-gap arrangement, the officiation in such post cannot be taken into account for considering the seniority. (B). If the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularization of his service in accordance with the rules, the period of officiating service will be counted.” I find from materials on record, particularly Annexure 2 that the Government vide notification dated 13.8.1981 created 3 Special battalions of Home Guards and also created various posts including 72 post of sepoys apart from 313 post of sepoys which were already lying vacant. Selection of petitioners were made following exhaustive selection process by the selection committee, whereafter they were duly appointed by the Competent authority in the year 1983. Only lacuna remained that the petitioners were appointed on daily wages post in place of regular scale. Between 23.5.1983 and 25.5.1983 after following all the procedure meant for sepoy against the vacant post. On 9.1.1991 a proceeding was Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 14/15 held under the Chairmanship of special Secretary in which it was decided to absorb the petitioners on regular basis. On 7.8.1991 another proceeding was held in which it was stated that State Government has taken decision to absorb the petitioners in regular basis against the vacant sanctioned posts. As some delay occurred in the absorption, the petitioners and others filed C.W.J.C.No. 8545 of 1991 in which certain directions were issued vide order dated 3.1.1996 with respect to their absorption. In the said case, the respondents too admitted that the petitioners were selected after following rigorous selection procedure fixed by the authorities. Ultimately, they were regularized in the year 1989. Rule 58 of the Bihar Pension Rules states that service of the Government servant does not qualify for pension unless it confirms three following conditions:- (a) The service must be under Government. (b) Employment must substantive be and permanent. (c) Service must be paid by Government. 14. Petitioners were appointed against sanctioned post in substantive manner after following all due procedure. It would appear from Annexure 2 that the appointment was to be made by the Government as applicable to the officers and employees of the Home Guards. In view of the totality of the case of the petitioners Patna High Court CWJC No.14923 of 2010 (7) dt.19-11-2013 15/15 I hold that they have made out the case for counting their services from 1983 for propose of computation of retirement benefit. 15. In the result the impugned order dated 6.8.2009 passed by the Commandant contained in Annexure-1 is set aside and the respondents are directed to consider the case of the petitioners for computing the period since June, 1983 for giving them retiral benefits. 16. The writ petition is thus allowed to the extent indicated above. Shashi/AFR (Samarendra Pratap Singh, J)