- (1.) All the above six writ petitions shall stand decided by this common order as the issue involved is identical. For convenience, the facts are being, taken from S.B. Civil Writ Petition No. 4663/2012. Reply has been filed in all above writ petitions except C.W.P. No. 2370/2015 but the same being identical shall too stand disposed of along with the other petitions. The petitioners herein are individuals working on the post of Constable (Home Guard) after being appointed by the Selection Committee. After selection, the petitioners were provided basic training with regard to performance of their duties for support to the regular police department in maintenance of law and order and other related duties. The respondents have also provided promotion to some of the petitioners to higher posts without any financial benefits. The relief claimed in the writ petition was that the 'petitioners be declared as holders of civil post and to treat them so for all consequential benefits being granted to the regular employees of the State Government and to pay to the petitioners the regular pay scale commensurate to the post held by them with all consequential benefits with a further prayer to dispense with the policy of rotation and calling off duty of home guards so that they are deployed throughout the period.
(2.) Shri Rajesh Panwar, learned Additional Advocate General appearing for the State while vehemently opposing the contentions raised by the learned counsel for the petitioners submitted that the said judgments are not applicable as the Rajasthan Home Guards and Civil Defence Department is a Government Department of Rajasthan State Government duly constituted and governed by the provisions of Rajasthan Home Guards Act, 1963 (for short hereinafter referred to as "the Act of 1963") and Rajasthan Home Guards Rules, 1962 (for short hereinafter referred to as "the Rules of 1962"). Section 2(1) of the Act of 1963 cloths the State Government with power to constitute a volunteer body called the Home Guards. Further, the enrollment of a candidate is not an appointment rather it is an enrollment for a particular period for rendering the volunteer services. The promotions as claimed by the petitioners are not promotions in its true and actual sense of the term as available to regular employees of any State Government's department. As a matter of fact, there exists no posts' in the volunteer cadre in the department. Rather, volunteers whose devotion to duty, discipline, duty performance leadership qualities, and uniform turn out, command and control of section, platoons etc. are of an extra ordinary nature within the cadre, are only given honorary ranks as morale booster and active help to regular command and control staff, and these honorary ranks do not bear any kind of monetary benefits or any other benefits as is sought to be claimed by the petitioners. It is further stated that a volunteer home guard is paid Rs. 320/- per day. The deployment of Home Guards volunteers is on demand basis as requested by the user agencies and Home Guard Department. It was further contended that in these circumstances, the services of the petitioners cannot be regularized and they have no right to claim regular pay. There exists no relationship of master and servant and in no circumstances, they can be called civil servant.
(3.) Learned counsel for the respondents has relied on the judgements rendered by the Apex Court in the case of State of Manipur & Anr. v. Ksh. Moirangningthou Singh & Ors., 2007 AIR(SCW) 4456 as well as this Court in the case of Loon Singh & Ors. v. State of Rajasthan & Ors., (S.B. Civil Writ Petition No. 5677/2006) decided on 8.12.2008 to state that the petitioners are not entitled for regularization and cannot be given regular pay scale equivalent to the Constables who are in the regular service.;