AIR 2003 SUPREME COURT 3569 ::2003 AIR SCW 3416 ::2003 LAB. I. C. 2613 ::(2003) 8 IndLD 128 ::(2003) 98 FacLR 625 ::2003 SCC (L&S) 894 ::2003 (6) SCC 469 ::(2003) 5 Scale 173 ::2003 (6) ACE 20 ::2004 (1) Cal HN 112 ::2003 (4) ESC 441 ::2003 (3) LabLN 842 ::2003 (3) SCT 924 ::2004 (1) ServLJ 135 SC ::(2003) 2 UPLBEC 1835 ::2003 (4) Supreme 441 ::2003 (4) SLT 326 ::2003 (4) ServLR 722 ::2003 (7) SRJ 539 ::(2003) 5 JT 448 (SC)

Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): Brijesh Kumar, D. M. Dharmadhikari , JJ

(A) Constitution of India , Art.16, Art.39(d)— West Bengal Home Guards Act (11 of 1962) , S.3— Pay parity - Claimed by part time Border Wing Home Guards (BWHG) vis-a-vis other regular BWHG and Border security force personnel - Part time BWHG though deployed for three months they worked for 10 to 15 years without break - Patrolling borders in all weathers without any facilities as provided to permanent staff of BHWG and performing same duties - Part time BHWG cannot be treated as volunteers engaged in casual nature of work so as to be termed as part time staff of State Govt. - Part time BHWG are entitled to same benefits as admissible to permanent BHWGs. The part time Border Wing Home Guards preferred writ petitions complaining that they were being discriminated vis-a-vis other regular Border Wing Home Guards of the West Bengal and the Border Security Force Personnel, as they had also been performing similar duties and discharging same responsibilities. The main plank to oppose the writ petitions filed by the part time BHWGs has been that 'Home Guards" is a voluntary organisation. The part time Border Wing Home Guards are entitled to the honorarium and they are to be paid only as and when their services are required and utilised. Their appointment was not to exceed for a period of more than three months except in cases where it was recommended otherwise by th....