- (1.) Heard Sri S.B. Singh alongwith Sri Madan Singh learned counsel appearing on behalf of the writ petitioner Rajveer Singh and Sri M.C. Chaturvedi, learned Additional Advocate General alongwith Sri J.N. Maurya Chief Standing Counsel Ist for the State.
(2.) This reference arises out of the two questions framed by a learned Single Judge in Writ Petition No. 30084 of 2003 (Rajveer Singh Vs. State of U.P. & Others) in relation to a stated conflict between two Division Bench judgments of this Court, namely, that of Riasat Ali Vs. State of U.P., 2003 4 AWC 3046 and an unreported judgment of another Division Bench in the case of Ram Kumar Vs. State of U.P. Special Appeal No. 143 of 2012 decided on 5th April, 2012.
(3.) The learned Single Judge upon having entertained the writ petition was of the opinion that there arises a conflict between the above two judgments and further the ratio of the other Division Bench in the case of Ram Kumar Vs. State of U.P. & Anothers did not lay down the correct law. The questions framed by the learned Single Judge to be considered by the Full Bench are as follows:- "(1). Whether Division Bench judgment in Riasat Ali Vs. State of U.P., 2003 4 AWC 3046 holding that a Home Guard under U.P. Home Guards Act, 1963 is not holder of a civil post in view of expression to Section 10 is correct or Division Bench judgment in Special Appeal No. 143 of 2012 (Ram Kumar Vs. State of U.P. & Others) relying on Full Bench judgment in Sheela Devi & Another Vs. State of U.P. & Others, 2010 AllCJ 1371, which is a case relating to Anganbari Karyakatri and Supreme Court's judgment in Davinder Singh & Others Vs. State of Punjab & Others, 2010 13 SCC 88 which is in the context of Punjab Home Guards Act, 1947 and Punjab Home Guards and Civil Defence (Field) Class III Service Rules, 1983 holding that Home Guard is a holder of civil post, is correct. (2) Whether Division Bench in Ram Kumar Vs. State of U.P. and others (supra) has rightly held that Home Guard in State of U.P. governed by U.P. Home Guards Act, 1963 is not holder of a civil post disagreeing with the earlier Division Bench judgment in Riasat Ali Vs. State of U.P. (supra) and relying on Full Bench judgment in Sheela Devi and another Vs. State of U.P. and others, 2010 AllCJ 1371 relating to Anganbari Karyakatri and Supreme Court's judgment in Davinder Singh and others Vs. State of Punjab and others (supra) which was not in relation to U.P. Home Guards Act, 1963, without referring the matter to Larger Bench?" ;