Rafiq Mohammad vs The State Of Rajasthan ...
2024 Latest Caselaw 8140 Raj

Rajasthan High Court - Jodhpur

Rafiq Mohammad vs The State Of Rajasthan ... on 18 September, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:38404]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 15251/2024

Rafiq Mohammad S/o Naseer Mohammad, Aged About 58 Years,
108, Santosh Colony, Vivekanand Nagar, Bhilwara, Rajasthan.
                                                                        ----Petitioner
                                      Versus
1.       The State Of Rajasthan, Through The Principal Secretary,
         Department       Of     Home,        Government           Of     Rajasthan,
         Secretariat, Jaipur.
2.       The Director General, Civil Defence And Commandant
         General, Home Guards, Rajasthan, Jaipur.
3.       District Commandant, Home Guards, Bhilwara, Rajasthan.
                                                                  ----Respondents


For Petitioner(s)          :     Ms. Divya Bapna
                                 Ms. Nikita Mathur
For Respondent(s)          :     --



                HON'BLE MR. JUSTICE FARJAND ALI

Order

18/09/2024

1. This writ petition has been preferred with the following

prayers:

"1. Issue a writ of mandamus, or any other appropriate writ, order, or direction to the respondents, directing them to consider and grant an extension of the petitioner's service in the Home Guard, beyond the prescribed retirement date of 31.08.2024 until the age of 60.

2. Quash and set aside the discharge order dated 03.09.2024 (Annx.5) and any other related orders, to the extent they mandate retirement solely based on age.

3. Pass any other orders or directions as deemed fit and proper in the interest of justice.

[2024:RJ-JD:38404] (2 of 2) [CW-15251/2024]

2. It is relevant to mention that in judgment dated 27.03.2017

passed in SBCWP No.1508/2015 & other writ petitions, this

Hon'ble High Court directed as under :-

"Accordingly, the above mentioned writ petitions are disposed of as under :-

A. No mandamus can be issued to the State to extend the services of the Home Guards Volunteers from 55 to 60 years.

B. The appropriate authority shall formulate fresh policy / scheme in furtherance of proviso to Rule 9 of the Rajasthan Home Guard Rules, 1962 for extending their services beyond the age of 55 years in 'reasonable cases' by laying down the conditions afresh in clear terms keeping in mind the observations made above. The needful be done within a reasonable period of at least six months. C. Till as such time the fresh policy/ scheme to the said effects formulated, the authority concerned shall exercise the powers of relaxation strictly in terms of the Circular dated 21.07.2010."

3. Learned counsel for the petitioner submits that the case of

the petitioner may be considered afresh in terms of the policy to

be decided by the respondents in lieu of para B as quoted from

the aforesaid judgment.

4. In light of the aforesaid observations, the present writ

petition is disposed of with the direction to the respondent to

consider the case of the petitioner strictly in accordance with the

aforesaid judgment and the compliance made in lieu thereof by

the respondent.

(FARJAND ALI),J 61-Samvedana/-

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