Page No.# 1/11 GAHC010174222016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6221/2016 MD. ASHIMUDDIN KHAN and 35 ORS S/O. MD. JASHIMUDDIN KHAN, R/O. VILL. NADIA, P.S. MUKALMUA , DIST. NALBARI, ASSAM. 2: ABDUL MUNIM BARBHUIYA SON OF ABDUL MANNAN BARBHUIYA RESIDENT OF VILLAGE BHAJANTIPUR PART II UNDER HAILAKANDI POLICE STATION IN THE DISTRICT OF HAILAKANDI WITHIN THE STATE OF ASSAM 3: SRI BRAJEN DAS SON OF SRI GANESH CHANDRA DAS RESIDENT OF VILLAGE BORGAON UNDER KAMALPUR POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 4: SRI KUMUD DAS SON OF SRI SURENDRA NATH DAS RESIDENT OF VILLAGE BICHANKUCHI UNDER PATACHARKUCHI POLICE STATION IN THE DISTRICT OF BARPETA WITHIN THE STATE OF ASSAM 5: SRI KHARGESWAR KAKATY @ KAKATI SON OF SRI JADU RAM KAKATI RESIDENT OF VILLAGE JATIABHANGARA UNDER BAIHATA CHARIALI POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 6: SRI JAYANTA KALITA SON OF LATE MAHENDRA KALITA RESIDENT OF VILLAGE GARAPIT UNDER PATACHARKUCHI POLICE STATION IN THE DISTRICT OF BARPETA WITHIN THE STATE OF ASSAM 7: MD. HABIB ALI SON OF LATE MOHBAT ALI RESIDENT OF VILLAGE NAOSALI GHOGRAPAR UNDER SIMLA BAZAR POLICE STATION IN THE DISTRICT OF BAKSA WITHIN THE STATE OF ASSAM Page No.# 2/11 8: SRI HARI CHANDRA DAS SON OF SRI PRADIP CHANDRA DAS RESIDENT OF VILLAGE PACHIM GOLAGAON UNDER PATACHARKUCHI POLICE STATION IN THE DISTRICT OF BAKSA WITHIN THE STATE OF ASSAM 9: MD. HAZARAT @ HAJARAT ALI SON OF MD. MUSHA SEIKH RESIDENT OF VILLAGE CHANDMAMA UNDER KALGASHIA POLICE STATION IN THE DISTRICT OF BARPETA WITHIN THE STATE OF ASSAM 10: MD. GAMSER ALI SON OF MD. SAMNUR ALI RESIDENT OF VILLAGE BARDOI PAKHIA UNDER KAMALPUR POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 11: SRI GAUTAM DAS SON OF LATE ARUN DAS RESIDENT OF VILLAGE BARAMBOI UNDER HAJO POLICE STATION IN THE DISTRICT OF KAMRUP WITHIN THE STATE OF ASSAM 12: SRI LAMBUDHOR PATOR SON OF SRI SAMBHU PATAR RESIDENT OF VILLAGE VERAKUCHI UNDER KHETRI POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN THE STATE OF ASSAM 13: SRI MADHAB RABHA SON OF SRI GAURI KANTA RABHA RESIDENT OF VILLAGE PALASARTARI UNDER CHAYGAON POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 14: MD. CHANDMOHAMMAD ALI SON OF MD. CHANDMOHAMMAD ALI SON OF MD. FAZAL ALI RESIDENT OF VILLAGE NO.2 LARKUCHI UNDER MUKALMUA POLICE STATION IN THE DISTRICT OF NALBARI WITHIN THE STATE OF ASSAM 15: MD. RAFIQUDDIN AHMED SON OF LATE NURUL HAQUE RESIDENT OF VILLAGE NATUN SIMINA UNDER BOKO POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 16: SRI BANESWAR RABHA @ RAVA SON OF SRI PRABIN CHANDRA RABHA RESIDENT OF VILLAGE DALEDANGA UNDE CHHAYGAON POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 17: SRI AMRIT DAS SON OF SRI ABALA DAS RESIDENT OF VILLAGE DIMORIA UNDER KHETRI POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN Page No.# 3/11 THE STATE OF ASSAM 18: SRI RATUL ORANG SON OF SRI NARAYAN ORANG RESIDENT OF VILLAGE SUKURABASTI UNDER KHETRI POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN THE STATE OF ASSAM 19: SRI BHRIGUMANI SINGHA SON OF SRI ROHINI SINGHA RESIDENT OF VILLAGE ADLA UNDER BARBORI POLICE STATION IN THE DISTRICT OF NALBARI WITHIN THE STATE OF ASSAM 20: MD. JALIL ALI SON OF LATE HUSSAIN ALI RESIDENT OF VILLAGE GUAKUCHI UNDER GHOGRAPAR POLICE STATION IN THE DISTRICT OF NALBARI WITHIN THE STATE OF ASSAM 21: MD. MAMTAZ ALI SON OF MD. ASAD ALI RESIDENT OF VILLAGE GUAKUCHI UNDER GHOGRAPAR POLICE STATION IN THE DISTRICT OF NALBARI WITHIN THE STATE OF ASSAM 22: SRI RANJIT TALUKDAR SON OF LATE RATNESWAR TALUKDAR RESIDENT OF VILLAGE SIALMARI UNDER PATACHARKUCHI POLICE STATION IN THE DISTRICT OF BARPETA WITHIN THE STATE OF ASSAM 23: MUKUT ALI SON OF MD. ABDUL HAMID RESIDENT OF VILLAGE CHANMAGURI UNDER RANGIA POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 24: SRI DINESH MAHATO SON OF SRI RAM PRABESH MAHATO RESIDENT OF VILLAGE PANIKHAITI UNDER CHANDRAPUR POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN THE STATE OF ASSAM 25: SRI BHUBANESWAR DAS SON OF SRI DHIRESWAR DAS RESIDENT OF VILLAGE RAHA UNDER SORBHOG POLICE STATION IN THE DISTRICT OF BARPETA WITHIN THE STATE OF ASSAM 26: MD. HAMID ALI SON OF LATE MEHER ALI RESIDENT OF VILLAGE NO. 1 ROUMARI UNDER GORESWAR POLICE STATION IN THE DISTRICT OF BAKSA B.T.A.D. WITHIN THE STATE OF ASSAM 27: SANJIB DAS @ SANJIB KUMAR DAS Page No.# 4/11 SON OF LATE BIRENDRA DAS RESIDENT OF VILLAGE NATUN BARNAGAR POST OFFICE GOLAGAON UNDER PATACHARKUCHI POLICE STATION IN THE DISTRICT OF BARPETA WITHIN THE STATE OF ASSAM 28: MD. SAHIMUDDIN AHMED SON OF MD. MAHIBUDDIN AHMED RESIDENT OF VILLAGE NO. 2 LARKUCHI UNDER MUKALMUA POLICE STATION IN THE DISTRICT OF NALBARI WITHIN THE STATE OF ASSAM 29: SRI CHANDI RAM KAIBORTA SON OF LATE UPEN CHANDRA KOIBORTA RESIDENT OF VILLAGE BARGAON UNDER KAMALPUR POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN THE STATE OF ASSAM 30: SRI TARUN DEKA @ TARUN CHANDRA DEKA SON OF SRI KRISHNA KANTA DEKA POST OFFICE DARAKOHARA UNDER KAMALPUR POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN THE STATE OF ASSAM 31: MD. TAMIZ @ TAMIJ ALI SON OF MD. MANIRUDDIN SHEIKH RESIDENT OF VILLAGE JUMBARI UNDER BOKO POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 32: SRI SANKAR RAMCHIARY SON OF SRI PAIMEN RAMCHIARY RESIDENT OF VILLAGE ADLA UNDER BORBORI POLICE STATION IN THE DISTRICT OF BAKSA WITHIN THE STATE OF ASSAM 33: MD. HANIF ALI SON OF MD. SAHAJUDDIN ALI RESIDENT OF VILLAGE BARDOIPAKHIA UNDER KAMALPUR POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSAM 34: MD. SADEK ALI SON OF MD. ARUN ALI RESIDENT OF VILLAGE HABLAKHA UNDER HAJO POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN THE STATE OF ASSAM 35: SRI. BRITING SANGMA SON OF SRI KARIMSON SANGMA RESIDENT OF VILLAGE NALGHULI UNDER CHANDRAPUR POLICE STATION IN THE DISTRICT OF KAMRUP METRO WITHIN THE STATE OF ASSAM 36: MD. JIYARUL RAHMAN SON OF MD. RAUCHAN ALI RESIDENT OF VILLAGE KARAIBARI UNDER RANGIA POLICE STATION IN THE DISTRICT OF KAMRUP RURAL WITHIN THE STATE OF ASSA Page No.# 5/11 VERSUS THE UNION OF INDIA and 11 ORS REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI -110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 4:DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 5:DIRECTOR GENERAL OF CIVIL DEFENCE and COMMANDANT GENERAL OF HOME GUARDS GOVERNMENT OF ASSAM MAIDAM BELTOLA GUWAHATI-781028 6:THE ADDITIONAL DIRECTOR GENERAL OF POLICE ADMINISTRATION ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 7:ADDITIONAL DIRECTOR GENERAL OF POLICE LAW and ORDER ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 Page No.# 6/11 8:THE COMMISSIONER OF POLICE ERSTWHILE THE SENIOR SUPERINTENDENT OF POLICE GUWAHATI CITY GUWAHATI-781001 9:THE SUPERINTENDENT OF POLICE DISTRICT OF BAKSA ASSAM 10:COMMANDANT 12TH ASSAM POLICE BATTALION JAMUGURIHAT SONITPUR ASSAM 11:DISTRICT HOME GUARDS COMMANDANT KAMRUP ASSAM 12:DISTRICT HOME GUARDS COMMANDANT HAILAKANDI ASSA Advocate for the Petitioner : MR.D DAS, MR.K SARMA,MR.R RAHMAN,MS.K M SARMA Advocate for the Respondent : ASSTT.S.G.I., GA, ASSAM,SC, FINANCE Linked Case : WP(C)/2457/2016 LANKESWAR DEKA and 235 ORS S/O LT. MAHENDRA DEKA VILL- JOGI PARA P.O. OUTALA P.S. MANGALDAI DIST. DARRANG. VERSUS THE UNION OF INDIA and 3 ORS REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI-110001. Page No.# 7/11 ------------ Advocate for : MSW YHOSHII Advocate for : C.G.C. appearing for THE UNION OF INDIA and 3 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 22.07.2025 Heard Mr. K. Sarma, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharjee, learned Addl. Sr. Government Advocate for the State. 2. The petitioners before this Court are members of the Home Guard Organization. Since their dates of appointment, they have been engaged in various police stations in the Guwahati City in maintaining law and order. In the year 2008 in order to tackle the insurgency and terrorism purpose in various districts in the State of Assam including Baksa and Chirang, the Government of Assam decided to train up the Members/Officers of the Home Guards and appoint them as the Special Police Officers (SPOs) entrusting them with the same duties. In pursuance to the decision taken, the petitioners along with other similarly situated Home Guards from different districts were given arms training for four weeks and after the conclusion of the training, all the petitioners along with other such Home Guards were appointed as SPOs in the Baksa District with effect from 01.07.2014. 3. It is the submission of the learned counsel for the petitioners that Page No.# 8/11 these petitioners were given to understand if they rendered good service and performed their duties diligently as SPOs, they will subsequently be employed and recruited under the Assam State Reserved Force, Assam Industrial Security Force, Assam Police Battalion and other post Constables available under the Assam Police. It is submitted that the petitioners rendered their services without any complaint from any quarters and thereafter by order dated 30.09.2014, the petitioners were released from Baksa District by the respondent No. 9 vide Movement Order dated 30.09.2014 and the petitioners were thereafter required to engage themselves as regular members of Home Guards. It is the grievance raised before this Court by the petitioners that other similarly situated persons who were also employed as Home Guards and who had also successfully undertaken the training were retained as SPOs in the District of Baksa. The learned counsel for the petitioner submits that in a meeting held on 20.09.2014 between the State respondents, other Government Officials and representatives of the SPOs, it was agreed that the monthly remuneration of the SPOs will be raised to Rs. 8200/- and also the process of raising the 3rd Battalion of the Assam Industrial Security Force will be finalized in the month of June, 2015 and all the SPOs will be given preference for appointment during the recruitment process of the 3rd Battalion of the Assam Industrial Security Force. However, notwithstanding the assurance given to the petitioners, the steps promised by the respondents have not been taken to release the enhanced remuneration payable to the petitioners for their services as SPOs nor the 3rd Battalion of Page No.# 9/11 the AISF has been raised till the date of filing of the writ petition. The learned counsel for the petitioner therefore submits that the petitioners being aggrieved are before this Court seeking a writ of Certiorari or Mandamus for setting aside the Movement order dated 30.09.2014 whereby the petitioners were released from their duties as SPOs in the Baksa District and to allow the petitioners to resume their actual duties as SPOs. A further prayer is made for a direction to the respondents to constitute a new Assam Industrial Security Force battalion and to give appointment to the petitioners along with other SPOs into the newly formed AISF Battalion in terms of the Minutes of the meeting dated 20.09.2014 and to make arrangement for regularization of their services. A further prayer is made to the respondents to appoint the petitioners in different organizations providing security services to various Public Sector Undertakings. 4. The contentions of the writ petitioners are disputed by the respondents. They have contested the matter by filing an affidavit. In the averments made in the affidavit, the specific claims with regard to the extent of training stated to have been undergone by the petitioners were disputed. The respondents No. 4 on 20.06.2025, has filed an affidavit-in- opposition wherein there is an averment that by communication dated 18.01.2018, the Department of Home and Political, Government of Assam allowed all SPOs deployed in various district of Assam for National Highways, Railway Line, Security during the militancy period. During the period of militancy, applications from various SPOs were invited for Page No.# 10/11 recruitment to fill up the 145 sanctioned vacant posts of Constables in the Assam Industrial Security Force with effect from 01.02.2018 to 07.02.2018. It is stated in the affidavit that pursuant to the advertisement dated 15.12.2017, the selection and appointment process has already been completed. 5. The learned counsel appearing for the petitioner submits that as on date he does not have specific instructions as to whether the petitioners were permitted to appear and if they had appeared whether they were selected. He however submits that the advertisement was not widely circulated and as a consequence thereof, it is possible that some of the writ petitioners were not even aware of the process. 6. The learned counsel for the respondents has placed before the Court an order passed by a Co-ordinate Bench dated 27.08.2024 passed in W.P(C) No. 6122/2015. The Co-ordinate Bench on the facts narrated in the order declined to grant any relief on the ground that there is existing cause of action to be adjudicated and the writ petition was accordingly closed. 7. Having heard the learned counsel for the parties and upon perusal of the pleadings on record, it is seen that the petitioners claim for rendering service has not been entirely disputed by the respondent authorities. However in the absence of any specific information as to whether the petitioners or atleast some of them could have availed the opportunity provided by the respondent department for recruitment of constable from the SPOs against the sanctioned post of AISF battalion, this Court is also of the view that no specific directions can be passed in the absence of these Page No.# 11/11 information being furnished on behalf of the writ petitioners. However, considering that the petitioners claim to have rendered services as Home Guards, they may file representations before the appropriate authority offering their candidatures for being permitted to participate in any recruitment process that may be undertaken by the Government in the future and by giving a special consideration to the service rendered by the petitioners as SPOs 8. The writ petition is accordingly disposed of in terms of the above. Interim order if any stands vacated. Pending IAs, if any, are also dismissed. JUDGE Comparing Assistant