In all the aforesaid Civil Rules, the prayer which is common to all is to grant petitioners' regular pay scale and other retiral benefits available to Government employees should be extended to the petitioners. Situated as such, .they are being disposed by this common judgment. 2. I have heard Mr. Th. Ibobi Singh, learned counsel for the petitioners as well as Mr. Jagatchandra, learned Government Advocate. 3. These batches of writ petitions illustrates a classical example as to how the Home Guards personnel are being paid starving wages even after putting in several years of service. The illustration given below will clearly support this contention. 4. Petitioner in Civil Rule No.99 of 1991 Shri Ksh Moirangthou Singh was appointed as Home Guard personnel on 26.3.1964. On 16.7.65 he was promoted to Junior Platoon Commander. On 20.3.74 promoted to Senior Platoon Commender. On 23.10.78 promoted to Company Commander. Promoted to Divisional Commander on 4.8.83. Battalion Commander on 23.3.84. Since then, he has been holding the post of Battalion Commander. He was also awarded the President Home Guards and Civil Defence Medal for meritorious service in 1993. By now he has put in 31 years of service. His total emolument is only Rs.1,214/-. 5. Petitioner in Civil Rule No. 100 of 1991 Shri Moirangthem Biren Singh was appointed as Home Guard personnel on 6.8.66. He was promoted to Section Leader on 7.7.71. Promoted to Junior Platoon Commander on 10.9.74. Promoted to Senior Platoon Commander on 21.2.76. Promoted to Company Commander on 19.11.81. Promotedto Divisional Commander on 22.8.83. Since then, he has been holding the post of Divisional Commander. He was also awarded the President Home Guards and Civil Defence Medal for meritorious service in 1992. By now he has put in 29 years of service. His total emolument is Rs. 1,164. 6. Petitioner in Civil Rule No. 101 of 1991 Shri Shamu Singh was appointed as Home Guard personnel on 30.11.78. He was promoted to Junior Platoon Commander on 1.9.82. Promoted to Senior Platoon Commander on 14.7.83. Promoted to Company Commander on 17.8.83. Since then, he has been holding the post of Company Commander. He has put in 17 years of service. His total emolument is Rs. 1,139. 7. He was promoted to Junior Platoon Commander on 1.9.82. Promoted to Senior Platoon Commander on 14.7.83. Promoted to Company Commander on 17.8.83. Since then, he has been holding the post of Company Commander. He has put in 17 years of service. His total emolument is Rs. 1,139. 7. Civil Rule No. 102 of 1991 is filed by an Association called, the Manipur Home Guards Union, representing the members of the Association who has been appointed as Home Guard personnel since 1981, and by now they have put in about 10/15 years of service. Their total emolument are Rs. 1,114 to 1, 139 respectively. 8. Petitioner in Civil Rule No.485 of 1991 Shri Md. Yaqup All was appointed as Home Guard personnel in the later part of 1967. He was promoted to Junior Platoon Commander and also promoted to Senior Platoon Commander on 16.11.81, he was promoted to Company Commander. Since then, he has been holding the post of Company Commander. By now he has put in 28 years of service. His total emolument is Rs. 1,139/-. 9. Counter on behalf of the respondents 1 to 3 has been filed. It is contended by the respondents that, Home Guard Organisation is voluntary in character. Their services are governed by the Manipur Home Guards Acts and Rules, and as such, the service condition of the Manipur Home Guards could not be equated to any other Government servants holding a civil posts, therefore the question of extending pensionary benefits and other facilities including regular pay scale and allowances like those in Government service are not at all arises. In this connection. Mr. Jagatchandra placed the reliance on the Preamble to Manipur Home Guards Act, 1966 (hereinafter the Act) reads : "An Act to provide for constitution of a volunteer organisation known as the Home Guards for service in emergencies and for certain other purposes so as to inculcate habits of self-reliance and discipline among the people and to develop in them a sense of civic responsibility." 10. Counsel therefore, submits that the organisation of Manipur Home Guards is a voluntary organisation for service in emergencies and for certain other purposes, and as such, the facilities extended to Government employee cannot be extended to Home Guard personnel, unless the Act and Rules are suitably amended by legislation. Counsel therefore, submits that the organisation of Manipur Home Guards is a voluntary organisation for service in emergencies and for certain other purposes, and as such, the facilities extended to Government employee cannot be extended to Home Guard personnel, unless the Act and Rules are suitably amended by legislation. At this stage, it would be appropriate to refer to few relevant sections and rules of the Home Guard Act and Rules. 11. Manipur Home Guards Act, 1966 was enacted by the Manipur Legislative Assembly in the 17th year of Republic of India. The Act received the assent of the President on 27th December, 1966. This Act repealed the Bombay Home Guards Act, 1947 which was applicable to the State of Manipur before the present Act was passed. Section 4 deals with appointment of Home Guards personnel and forms of declaration and certificate of such appointment. Section 4 (4) of the Act provides that Home Guard shall be required to serve the Home Guards Organisation for a period of three years (including the period spent in training which period may be extended by the Government to such further period as may be considered necessary and a Home Guard shall thereafter serve in the Reserve Force of the Home Guards for a period of three years and to be liable to be called out for duty at any time. 12. Section 7 of the Act, deals with powers, protection and control of Home Guard, and provides that, a Home Guard when called out under section 6 shall have the same powers, privileges an protection as an officer of police appointed under any enactment for the time being in force, (underline is mine) 13. Section 13 provides that, Home Guards acting under this Act shall be deemed to be public servants within the meaning of section 21, of the Indian Penal Code. 14. Further, in exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Governor of Manipur framed the rules called Manipur Home Guard Rules, 1981 (in short the Rules). 15. 14. Further, in exercise of the powers conferred by the proviso to Article 309 of the Constitution, the Governor of Manipur framed the rules called Manipur Home Guard Rules, 1981 (in short the Rules). 15. Rule 7 of the Rules deals with the term of office and provides that the term of office of a member of the Home Guards shall be 3 years, and further provides that the services of a member of Home Guards may be terminated at any time by the Commander or the Commandant General as the case may be, if in his opinion the services of such Home Guards are no longer required, and further provides that opinions or reasons of such authority shall be recorded in writing and a copy is to be furnished to the member whose services have been terminated. 16. Rule 11 deals with the Organisation. Rule 11(1) and (2) reads : "11. (1) In addition to the Commandant General, the Home Guards should have the following regular staff for an area : (underline is mine) (i) Commandant. (ii) Deputy Commandant. (iii) Adjutant. (iv) Quarter Master. (v) Divisional Commanders - One each for every three companies. (2) The following Commanders should be appointed from among the members: (i) Divisional Commander. (ii) Company Commander. (iii) Senior Platoon Commander or Company second-in-Command. (iv) Platoon Commander. (v) Company Sergeant Major. (vi) Company QM Sergeant. (vii) Platoon Sergeant. (viii) Section Leader. Explanation: A section shall consist of twelve members, a platoon three sections and company three platoons, and a division three companies." 17. Rule 18 of the Rules deals with compensation and provides that; if a member of Home Guards suffers any damage to his person or property or dies while on duty or training, he shall be entitled to all the benefits entitled to member of Manipur Civil Police, (underline is mine) 18. A fascicule reading of the relevant Home Guards Act and Rules as referred to above, it would clearly appear that, though the Legislature enacted the Act, governing the Home Guards services which is voluntary in character, the service condition of the Home Guards under the Act and Rules as referred to above has assumed the trappings of civil post. A fascicule reading of the relevant Home Guards Act and Rules as referred to above, it would clearly appear that, though the Legislature enacted the Act, governing the Home Guards services which is voluntary in character, the service condition of the Home Guards under the Act and Rules as referred to above has assumed the trappings of civil post. The voluntary character of the Organisation of the Home Guard is reflected in the term of appointment which says that, the term of office of a member of Home Guards shall be 3 years. 19. In the instant case, the petitioners have put in more than 10 years of service in the organisation, and as such, the voluntary character as enshrined under sub-section (4) of section 4, and Rule 7 of the Rules has automatically ceases. 20. This apart, Rule 11 of the Rules allowed regular staff. The petitioners are holding the post under Rule 11 (1) (2) of the Rules. Therefore, there is no ostensible reason to deny them the regular scale of pay. 21. In DS Nakara & others vs. Union of India, AIR 1983 SC 130 , it was pointed out thus: "Article 39 (e) requires the State of secure that the health and strength of workers, men and women, and children of tender age are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. Article 41 obligates the State within the limits of its economic capacity and development, to make effective provision for securing the right to work, to education and to provide assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. Article 43 (3) requires the State to endeavour to secure amongst other things full enjoyment of leisure and social and cultural opportunities. Furthermore, the principal aim of a socialist State as envisaged in the Preamble is to eliminate inequality in income and status and standards of life. The basis framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave. This amongst others on economic side envisaged economic equality and equitable distribution of income. This is a blend of Marxism and Gandhism leaning heavily towards Gandhian socialism." 22. The basis framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave. This amongst others on economic side envisaged economic equality and equitable distribution of income. This is a blend of Marxism and Gandhism leaning heavily towards Gandhian socialism." 22. In Daily Rated Casual Labour Employee under P&T Department through Bharatiya Dak Tar Mazdoor Manch vs. Union of India & others, AIR 1987 SC 2342 , it was pointed but thus : "The State cannot deny to casual labourers at least the minimum pay in the pay scales of regularly employed workmen even though the Government may not be compelled to extend all the benefits enjoyed by regularly recruited employees. Such denial amounts to exploitation of labour. The Government cannot take advantage of its dominant position, and compel any worker to work even as a casual labourer on starving wages. It may be that the casual labourer has agreed to work on such low wages. That he has done because he has no other choice. It is poverty that has driven him to that State. The Government should be a model employer." 23. Reverting to the facts of the case, the petitioners have now put in services in the Home Guard Organisation ranging from 10 years to 31 years. The State cannot now deny to them regular pay scale and other service benefits on the ground that the services rendered by the petitioners are voluntary in character. As already said, the voluntary character of the organisation is reflected in the term of appointment which is for 3 years. Considering the number of years the petitioners have put in, the voluntary character of their services has now ceases. After putting in so many years of service it would be too arbitrary to deny them the equal pay scale and retirement benefits at par with other similar organisation like Manipur Civil Police and others. To do so would be violative of Article 14 and 16 of the Constitution. Where an act is arbitrary, it is implicit in it, that it is unequal both according to political logic and constitutional law and is therefore, violative of Article 14 and if it affects any matter relating to public employment, it is also violative of Article 16. (See EP Royapa vs. State of Tamil Nadu, AIR 1974 SC 555 at page 583). (See EP Royapa vs. State of Tamil Nadu, AIR 1974 SC 555 at page 583). 24. Is it justified to allow the petitioners to go home with starving income after they retire from the job, when they became old aged infirm and incapable of earning. It is common knowledge that one puts hard work when he is abled bodied to earn future security. The petitioners have rendered their services to the public through out the cream of their youthful life when they are energetic and capable of working. 25. Right to life enshrined in Article 21 of the Constitution include the right to live with human dignity and includes all those aspects of life which go to make a man's life meaningful, complete-and worth living. (See Olga vs. Bombay Corporation, AIR 1986 SC 180 ; Maneka Gandhi vs. Union of India, AIR 1978 SC 597 ). 26. For the aforestated reasons, these batches of writ petitions are allowed. The neat result is that: (a) The respondent Government shall take immediate steps to regularies the service of the petitioners in Civil Rule Nos.99 of 1991,100 of 1991,101 of 1991,102 of 1991 and Civil Rule No.485 of 1991. They shall get all the service benefits including pensionary benefits as entitled by the Government employees holding a civil post. (b) The respondent Government shall immediately prepare a scheme to absorb/regularise the services of the petitioner's Association in Civil Rule No. 102 of 1991 who has put in 10 years of service in the Home Guard Organisation. This direction shall cover all the Home Guards personnel working in Home Guards Organisation, and who has put in 10 years of service irrespective of whether they file petitions or not, or if any other petition is pending with similar situation, it shall cover the pending petitions also. (c) The respondent Government is also directed to amend the Act and Rules incorporating the directions at (a) and (b). 27. The aforesaid directions shall be carried out by the respondent Government within a period of 6 (six) months from the date of receipt of this order. However, the directions shall be prospective and effective from today. The services already rendered by the petitioners shall however be counted for the purpose of computing qualifying length of service for pensionary benefits. With the aforesaid observation and directions, these petitions are allowed. No costs.