| Font Size |
In 1999, Justice D P Sarkar had passed an order in favour of Home Guards. But the state government filed an appeal before the Bench challenging the order passed by Justice Sarkar.
Advocate Subrata Mukhopadyay had pointed out that Home Guards should not be treated as police constables.
Today, a Division Bench of Justice Asim Kumar Banerjee and Justice Tapash Kumar Giri held that the amended West Bengal Home Guard Act (1990) and the provisions of the original act of 1962 were not against the Constitution.
The Bench further added that both the legislature and the executive should take a decision for the welfare of the state’s 20,000 Home Guards in accordance with the framework of the Constitution.
The ruling comes after prolonged hearing on the legality of the Act.
In 1997, the Home Guard Association had filed a writ petition challenging the constitutional validity of the West Bengal Home Guard Act.
The association’s counsel advocate Jayanta Mitra had raised the point that Home Guards should be entitled to the same salary and benefits enjoyed by police constables, following which, Justice Sarkar had ruled in their favour.
Discuss this story on expressindia forums
|
|