Bihar Rakshawahini Swayam Sewak Sangh and Others vs State of Bihar and Others

S.J. Mukhopadhaya, J.—This application has been preferred by the Bihar Raksha Wahini Swayam Sewak Sangh and others for direction on the respondents to forthwith implement the decision of regularisation of services of Home Guards in phasewise and to grant them the benefit of Class IV Government employees, with further direction to fill up 50% of the Class IV posts from amongst the trained Home Guards, as per decision of the Government.

The case of the petitioners is that the Government of Bihar, vide Cabinet Secretariat and Co-ordination Department''s Resolution communicated, vide Memo No. 365 dated 6th March, 1991 and Home (Special) Department''s Resolution dated 13th January, 1992, constituted a Screening Committee for taking them in the regular services of the State on the basis of screening and recommendation of such Screening Committee, the persons aged 19 to 40 years having qualification of 7th Class, are to appear in certain tests.

A notice, in this respect, was issued in the newspaper, vide Annexure 3, but no steps thereafter taken for regularisation.

There is nothing on the record to suggest that the Government have decided to give any specific benefit, though in the year 1991-92 certain Screening Committee was constituted for regular appointment of Home Guards.

After about 10 years of such screening, it is not desirable for this Court to direct the authorities to make regular appointment from the panel, if any, prepared in the year 1992.

This apart, the existing State of Bihar having reorganised since 15th November, 2000 and on creation of State of Jharkhand, the decision, if any to be taken by each of the successor State of Bihar and Jharkhand, the State of Jharkhand being not a party in the present case, no specific direction can be given.

The petitioner-Association may approach the successor State of Bihar or the State of Jharkhand for such relief.

The writ petition stands disposed of.