Soumitra Pal, J. - (1.) These appeals are against the judgment dated 20th September, 2010 passed by the learned Single Judge whereby the prayer for regularization and/or absorption of the Appellants / writ Petitioners, who were appointed as Home Guards was rejected principally on the ground that the learned Single Judge failed to appreciate that the impugned order No. 298 dated 8th December, 2009 issued by the Respondent authority regularizing the appointments of 325 Home Guards by creating supernumerary posts was made without framing a Scheme as directed in the judgment passed in MAT No. 025 of 2006 (Smt. Parul Debnath and Ors. v/s. Union of India and Ors.) which was upheld by the Supreme Court.
(2.) In order to decide the issue it is necessary to refer to the factual background of the matter. The Appellants claim to be members of the Home Guards, the constitution of which is regulated by the A & N Islands Home Guards Regulation, 1964 (for short the Regulation). As per the said Regulation, such organization would have the characteristic of a voluntary body. The members of such body exercise such powers and such duties in relation to the protection of person's security and property and public safety as may be assigned to them in terms of the provisions of the said Regulation and the A & N Islands Home Guards Rules, 1965 (hereinafter referred to as the Rules). Significantly under Clause 8 of the Rules, the term of office of a member of the organization is to be three years. Provision has also been made for re -appointment.
(3.) It appears that the Appellants were appointed on various dates between 2006 to 2010 in pursuance of several orders issued under Rule 4(1) of the Regulation. It has been stated some of the Appellants are still in service while some have been discharged. The Appellants herein seek regularization of their service on the strength of a judgment of the Hon'ble Division Bench of this Court delivered on 22nd January, 2007 in MAT No. 025 of 2006 (Parul Debnath and Ors. v/s. Union of India). In this context, it is appropriate to mention that earlier members of the organization had filed two applications before the Central Administrative Tribunal being O.A. No. 122/AN/1999 and O.A. No. 28/AN/2002 seeking regularization of their services on the ground that they had rendered service for a long period, in some cases without break. The said two applications were disposed of by the Tribunal by a common order delivered on 16th September, 2002 with the following directions: (1) The Respondents and in particular, Respondent No. 1 shall consider framing an appropriate Scheme in consultation with the A&N Islands Administration for absorption/regularization/appointment of persons like the applicants who have been working as Home Guards for a number of years and for connected matters. They shall also keep in view the observations made in paragraph 7 above while framing the Scheme to suit local conditions, keeping in view the particular facts and circumstances of these cases. (2) The above action shall be taken by the Respondents within six months from the date of receipt of a copy of this order.;