(1.) The petitioners - 610 in number, formally appointed by the Gujarat State under the Bombay Home Guards Act, 1947 and the Bombay Home Guards Rules, 1953, but really forming a special wing, known as Border Wing Home Guards (for short "BWHG") constituted under and governed by the Government of India's Scheme of 29.6.1979 for all border States for border duties, have filed this petition under Article 226 of the Constitution of India, praying before this Court that this Court may direct the respondent authorities namely State of Gujarat, through the Commandant General, Home Guards Headquarters, Ahmedabad respondent No.1, the Commandant No.2 Battalion, Border Wing Home Guards, Bhuj - Kachchh respondent No.2, Union of India - respondent No.3, to evolve fair, just and reasonable conditions of service for the petitioners herein and to further grant service benefits like fixation of pay, leave, over time, medical allowance, travelling allowance, retiral benefits like provident fund, pension, gratuity etc. to the petitioners along with arrears of the above-mentioned benefits since the time of their joining.
(2.) The petitioners further prayed that this Court may be pleased to declare the action of the respondents No.1 and 2 herein of terminating the services of 428 Border Wing Home Guards personnel out of the present group of 610, as illegal, bad and unconstitutional and to direct the respondents No.1 and 2 herein to reinstate all such petitioners in service with all consequential benefits from the date of their termination. The petitioners further prayed that this Court may issue a wit of mandamus or any other appropriate writ, order or direction to direct the respondent authorities to declare the petitioners as permanent and full-time members of the Border Wing Home Guards and to further treat them as such by paying all consequential benefits and other reliefs in this behalf.
(3.) It may be noted that, in this case, originally petition has been filed by the petitioners on 30th July, 2003, with voluminous record. The petitioners have filed affidavits on 30.10.2003, 28.10.2003, 25.11.2003, 2.1.2004, 19.7.2004 and 16.12.2004 from time to time. I have gathered facts from these affidavits of the petitioners.
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