- (1.) In this batch of nine petitions, a total number of 630 petitioners, belonging to the Border Wing Home Guards of Company A, B, C, D, E, F, of the Second Battalion, Kutch-Bhuj, and of Company B of the First Battalion, Banaskantha, are before this Court. One of the prayers made by the petitioners is common in all the petitions, which is to issue a writ of mandamus, directing the respondents to superannuate the petitioners at the age of 58 years instead of at 55 years and grant all consequential benefits to those petitioners who have been superannuated at the age of 55 years.
(2.) In Special Civil Application Nos.13923, 13764, 13765, 13767, 13924, 13925 and 13926, all of 2012, certain additional prayers have been made, inter alia, to apply the Gujarat Civil Services (Discipline and Appeal) Rules, 1971, to the petitioners instead of the Bombay Home Guards Act, 1945, (Bombay Home Guards Act) read with Bombay Home Guards Rules, 1953 (Bombay Home Guards Rules). It has further been prayed that the respondents may be directed to award retiral benefits such as pension, provident fund and gratuity to all those Border Wing Home Guards (BWHG) who were made to superannuate at the age of 55 years, and to the heirs and legal representatives of those BWHG of Special Civil Application No.10862 of 2003 or Letters Patent Appeal No.712 of 2005, who have died during the pendency of the litigation, as though they had been retired at the age of 58 years.
(3.) Another prayer made in the said petitions is that the respondents be directed to count the date of entry into service of the petitioners as the relevant date and not 30.07.2003 (the date of filing of Special Civil Application No.10862 of 2003), for the purpose of determining the retiral benefits due and payable, considering the age of retirement to be 58 years and the said benefit may also be extended to the heirs and legal representatives of those BWHG who have died during the pendency of Special Civil Application No.10862 of 2003 or Letters Patent Appeal No.712 of 2005.;