Jayanta Kumar Biswas, J. - (1.) THIS appeal has been filed by the respondents in WP No.1173 of 2010 that was disposed of by the impugned decision dated January 13, 2011.
(2.) THE WP was filed by the respondent (Sujatha Yadav) under art.226 seeking the following principal and reliefs: "(a) A writ in the nature of mandamus by setting aside the impugned order of discharge vide order NO.403 dated 15.11.2006 (Annexure P/2) treating the same is null and void and discrimination in nature as compared to similarly situated persons (Annexure P/3). (b) A writ in the nature of mandamus by directing the respondent authorities to reinstate the petitioner forthwith and regularize the service of the writ petitioner from the date of her initial appointment w.e.f 07.08.1991 with all consequential benefits as extended to similarly situated persons vide regularization order No.298 dated 08.12.2009 (Annexure P/7) within a reasonable time, which had been done pursuant to the directions of Hon"ble High Court/Supreme Court." THE Single Bench disposing of the WP has held and directed the appellants as follows: "In view of the order of the Division Bench of the High Court as well as the Hon"ble Supreme Court, the respondent authorities are obliged to regularize the similarly placed persons and the writ petitioner is entitled to be regularized like others who have been discharged after completion of 50 years and, accordingly, I direct the respondent authorities to regularize the writ petitioner"s service by issuing a fresh order and if necessary by creating a supernumerary post as directed by the Hon"ble Division Bench of the High Court which have been affirmed by the Hon"ble Supreme Court being Annexure P-5 and P-6 of the writ petition. THE respondent authorities are directed to issue the order for regularization of the writ petitioner within a period of six weeks from the date of communication of this order." In exercise of powers conferred by cl.(1) of art.240 of the Constitution the President promulgated the Andaman and Nicobar Home Guards Regulation, 1964. Section 3(1) of the Regulation provides that the Chief Commissioner shall constitute for each of the areas notified under sub-s.(3) of s.1 of the Regulation a volunteer body called the Home Guards, the members of which shall exercise such powers and perform such duties in relation to the protection of persons, the security of property and the public safety as may be assigned to them in accordance with the provisions of the Regulation and the rules made thereunder. Section 5 of the Regulation provides that a member of the Home Guards shall be required to serve the Government for such period as may be prescribed; that any such member may be discharged from the Home Guards at any time by such authority on such grounds and subject to the conditions as may be prescribed; that it shall not be necessary for such authority to disclose the grounds if such authority considers that such disclosure will be against the public interest; and that an order of discharge shall be final.
(3.) IN exercise of powers conferred by s.16 of the Andaman and Nicobar Islands Home Guards Regulation, 1964 the Chief Commissioner, Andaman and Nicobar Islands made the Andaman and Nicobar Islands Home Guards Rules, 1965. Rule 3 of the rules provides that no person shall be appointed as a member of the Home Guards unless he has attained the age of 18 years but has not completed the age of 50 years, and that the Commandant or the Area Commandant may, if suitable persons are available, relax the conditions. Rule 8 of the rules provides that the term of office of a member of the Home Guards shall be three years; that if any such member is found to be medically unfit to continue as a member of the Home Guards, his appointment may be terminated before the expiry of three years; that a person appointed shall be eligible for re-appointment; and that the services of a member of the Home Guards may be terminated at any time by the Area Commandant or the Commandant after giving him one month"s notice.;