GOPAL KRISHAN VYAS, J. - (1.) ALL these four writ petitions involve common question for consideration and the controversy involved in all these matters is identical. Therefore, all these writ petitions are decided by common judgment. For the sake of convenience, however, facts and pleadings in S.B. Civil Writ Petition No. 5677/2006, Loon Singh and Ors. v. State of Rajasthan and Ors. are taken
(2.) THIS writ petition has been filed by 658 members of the Border Wing Home Guards praying for common relief that the respondents may be directed to grant them parity in all respects in terms and conditions of employment of petitioners with that of permanent whole time Border Wing of Home Guards in Rajasthan. It is further prayed that the respondents may be directed to grant all benefits of the Government servants including fixation of pay, and benefits of provident fund, gratuity and all retirement benefits as well as all sons of government allowances, leave incentives and usual increments, etc. and, so also, to pay all the arrears of pay and all other benefits from the respective date of joining. It is also prayed that the respondents be directed to absorb all the petitioners as permanent Border Wing Home Guards with all consequential benefits. Facts of the case indicated in the writ petition show that all these petitioners were appointed and joined the service of Rajasthan Border Wing Home Guards Rajasthan from time to time during the period from 1973 to 2006. Schedule -A has been appended to the writ petition showing the date of appointment and joining of the petitioners. As per the petitioners, there are four rank categories of the Border Wing Home Guards viz., Guardsman, Lance Naik, Naik and Platoon Hawaldar and Border Wing Home Guards receive a fixed monthly pay of Rs. 3050 + DA + WA for Platoon Hawaldar (SGT)/Naik (CPL) and Rs. 2750 + DA + WA for Lance Naik (LCPL)/Guardsmen, Various training sessions are prescribed to be conducted on yearly basis by the Department/Army/BSF and this training is said to be at par with the training received by the Army and BSF personnel.
(3.) AFTER completion of the training, the petitioners were appointed as Border Wing Home Guards and have continued on call as such with promotion granted as and when due from time to time. As per the petitioners, they are principally performing their functions as an auxiliary force to the Army and BSF. It is further stated in the writ petition that Home Guards are mainly performing functions of internal border security, local security, prevention of infiltration and check pilferage across the border. Some times they have been deployed in election duties across the country like any other para -military force: It is specifically stated that the Rajasthan Border Wing Home Guards have taken part in major army operations like 1971 Indo -Pak war, Operation Vijay (1999 Kargil War) and were deployed along with army in Operation Parakram in 2002 - 2003 for 17 months.;