Page No.# 1/7 GAHC010055962024 2025:GAU-AS:11390 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1898/2024 RAJU ALI AND ANR S/O- MAKBIL ALI, VILL- BARNAGAR, P.O.- BANEKUCHI, P.S.- NALBARI, DISTRICT- NALBARI, ASSAM. 2: NILA KANTA DEKA S/O- BHRIGU DEKA VILL- DHAMDHAMA PHULGURI P.O.- DHAMDHAMA P.S.- NALBARI DISTT.- NALBARI VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY- THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL ETC. DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE AND HEAD QUARTER 81006. ULUBARI GUWAHATI- 781007. Page No.# 2/7 4:THE DIRECTOR GENERAL CIVIL DEFENCE AND GENERAL COMMANDANT HOME GUARDS ASSAM BELTOLA GUWAHATI- 781028 KAMRUP(M) ASSAM. 5:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME B DEPARTMENT DISPUR GUWAHATI- 781006. 6:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM HOME B DEPARTMENT DISPUR GUWAHATI- 781006. 7:THE SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION RUPNAGAR GUWAHATI- 781032. 8:THE SUPERINTENDENT OF POLICE NALBARI P.O. AND P.S.- NALBARI DISTT. NALBARI. 9:THE SENIOR STAFF OFFICER HG OFFICE OF THE DIRECTOR GENERAL CIVIL DEFENCE AND GENERAL COMMANDANT HOME GUARDS ASSAM BELTOLA GUWAHATI- 781028 KAMRUP(M) ASSAM Advocate for the Petitioner : MR. S SAHU, MR P H KONWAR,MR S BORTHAKUR,MS A ROY Advocate for the Respondent : GA, ASSAM, Page No.# 3/7 Linked Case : WP(C)/1904/2024 BISHNU RAM DAS AND 7 ORS. S/O-LATE JANTI RAM DAS VILL-THALKUCHI P.O -GERUA-ASRAM P.S- BARBARI DISTRICT- BAKSHA ASSAM. 2: BANJIT DAS S/O-GIRISH DAS VILL- CHUTIAPARA P.O-ATHIABARI P.S-BARBARI DIST-BAKSA. 3: PARAMESHWAR RAJBONGSHI S/O- LATE LALIT RAJBONGSHI VILL- NICHALAMARI P.O-NICHALAMARI P.S-BARAMA DISTT.-BAKSA. 4: KASHIM ALI S/O- MAJUN ALI VILL- THUTIKATA P.O-BARNIBARI P.S- MUKALMUA DISTT.-NALBARI. 5: ATIKUR RAHMAN S/O- LATE HAZARAT ALI VILL- BARNAGAR BANEKUCHIP P.O- BANEKUCHI P.S-NALBARI DISTT.-NALBARI. 6: MAFIZ ALI S/O-LATE ABIR ALI VILL-GWALPARA Page No.# 4/7 P.O-BALOWA P.S- BELBOR DISTT.- NALBARI 7: SANATAN RAJBONGSHI S/O-ARUN RAJBONGSHI VILL-SARIAHTALI P.O- MILANPUR P.S- NALBARI DISTT- NALBARI. 8: JAGDISH HAZARIKA S/O- RAMESH HAZARIKA. VILL- H. NO 77 GOALPARA DEHAR BOLAWA P.O BOLAWA P.S- BELSOR DIST- NALBARI PIN -78131. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY- THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL ETC. DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE AND HEAD QUARTER 81006. ULUBARI GUWAHATI- 781007. 4:THE DIRECTOR GENERAL CIVIL DEFENCE AND GENERAL COMMANDANT HOME GUARDS ASSAM BELTOLA GUWAHATI- 781028 KAMRUP(M) ASSAM. Page No.# 5/7 5:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME B DEPARTMENT DISPUR GUWAHATI- 781006. 6:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM HOME B DEPARTMENT DISPUR GUWAHATI- 781006. 7:THE SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION RUPNAGAR GUWAHATI- 781032. 8:THE SUPERINTENDENT OF POLICE NALBARI P.O. AND P.S.- NALBARI DISTT. NALBARI. 9:THE SENIOR STAFF OFFICER HG OFFICE OF THE DIRECTOR GENERAL CIVIL DEFENCE AND GENERAL COMMANDANT HOME GUARDS ASSAM BELTOLA GUWAHATI- 781028 KAMRUP(M) ASSAM. ------------ Advocate for : MR. S SAHU Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 26.08.2025 1. Heard Ms. P Bora, learned counsel for the petitioners. Also heard Mr. TC Chutia, learned Additional Government Advocate. Page No.# 6/7 2. The petitioners were appointed as Home Guard and were employed earlier in the district of Nalbari. Their grievance is that they were discharged from the deployment as Home Guard and they are no more enrolled in the Role of Home Guard. 3. The impugned discharged order dated 30.11.2023, shows that the petitioners were discharged from deployment, as they have completed six months of their deployment. The language of such discharge, though seems that the names of the petitioners are deleted from Role of Home Guards, however, the stand of the respondent reflected in their affidavit as well in the written instruction, received by Mr. Chutia, is that the names of the petitioners have not been deleted from the Role of Home Guards pertaining to district of Nalbari, Assam but as per the condition of service, they are deployed for six months and after a break, again they are engaged for six months and this is the procedure applied for engagement of Home Guards. It is also apparent from the stand of the respondent that subsequent to their discharge and during pendency of these writ petitions, the petitioners are/ were engaged as Home Guards on different occasions. According to the State, the petitioner, Raju Ali was engaged after the alleged discharge with effect from 02.07.2024 to 02.01.2025 and the petitioner, Nila Kanta Deka is presently being engaged as Home Guard with effect from 01.06.2025 to 01.12.2025. 4. That being the position, in the considered opinion of this court, these writ petitions can be disposed of, with an observation that the impugned discharge order dated 30.11.2023 cannot be treated as deletion the names of the petitioners from the Role of the Home Guards of Nalbari district. It is needless to say, since they are not deleted from the Role of Home Guards of Nalbari district, they be engaged as Home Guards as per extant norms. Page No.# 7/7 5. With the aforesaid observation, these writ petitions stand disposed of. JUDGE Comparing Assistant