Supreme Court of India
GRAH RAKSHAK, HOME GUARDS WEL. ASSOversusSTATE OF H.P. & ORS.
- Citation
- 2015 INSC 203
- Decided
- 11 March 2015
- Disposal
- Disposed off
- Bench
- S MUKHOPADHAYA
Holding
Home Guards are volunteers, not regular employees, and thus are not entitled to regularisation or regular appointments, though they must receive duty allowance at rates equivalent to a month's police pay when called for duty.
Summary
The appellants, a Home Guards Welfare Association and its members from Himachal Pradesh, Punjab and the NCT of Delhi, sought regularisation of their service after serving for 10‑30 years, claiming entitlement to regular pay and benefits. The State governments contended that Home Guards are volunteers appointed under respective Home Guards Acts and are only entitled to duty allowances. The Supreme Court examined the statutory framework of the Himachal Pradesh, Punjab and Bombay (extended to Delhi) Home Guards Acts and Rules, noting that appointments are on a volunteer basis with no provision for salary or continuous service. It held that Home Guards are not regular employees and therefore not eligible for regularisation or regular appointments, and that the claim of violation of Articles 14 and 16 does not arise. However, the Court directed the States to pay duty allowance at rates equivalent to a month's police pay when the Guards are called for duty. The appeals were dismissed with this observation.
Issues considered
- Whether Home Guards of Himachal Pradesh, Punjab and the NCT of Delhi are regular appointees entitled to regularisation of service.
- Whether the appointment of Home Guards as volunteers violates Articles 14 and 16 of the Constitution.
- Whether the courts can direct the State to grant regular appointments or regularise service of Home Guards.
- Whether the State must pay duty allowance at rates comparable to police personnel.
Legislation cited
- Bombay Home Guards Act, 1947 (as extended to Delhi)s. 1, s. 2, s. 3, s. 8
- Delhi Home Guards Rules, 1959s. 18, s. 8, s. 9
- Himachal Pradesh Home Guards Act, 1968s. 4, s. 5
- Himachal Pradesh Home Guards Rules, 1971s. 13, s. 15, s. 2, s. 5, s. 6
- Punjab Home Guards Act, 1947s. 9
- Punjab Home Guards Rules, 1963s. 10, s. 11, s. 14, s. 2, s. 8
Subjects
Home GuardsVolunteer serviceRegularisationService lawConstitutional lawArticles 14 and 16Duty allowancePolice powers
Judgment
(2015] 2 S.C.R. 800
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. A
v.
STATE OF H.P. &ORS.
(Civil Appeal No. 2759 of 2015) B
MARCH 11, 2015.
[SUDHANSU JYOTI MUKHOPADHAYA AND
N. V. RAMANA, JJ.] C
Service law - Regularisation - Home Guards of States of
Himachal Pradesh, Punjab and N. C. T of Delhi -
Regularization of.service - Entitlement for - Plea .of the
appellants that since they are working as Home Guards D
without any break for about 10-30 years, their services to be
regularised - Held: Home Guards have been appointed as
volunteers Home Guards under the Act- They are paid duty
allowance and other allowances - There are no details about
continuity of service, month to month basis or year to year E
basis -As and when there is requirement they were called
for duty and otherwise they remain in their homes...: As such
the duties and responsibilities performed by them. through
out the year cannot be equated with that of police personnel
- Thus, appellants not entitled to regularization of service F
nor can be granted regular appointments - However, since
the Home Guards are used during the emergency and for
other purposes and at the time of their duty they are
empowered with the power of police personnel, the State G
Government to pay them the duty allowance at the rates
specified - Himachal Pradesh Home Guards ACt, 1968 "':
Bombay Home Guards Act, 1947- Punjab Home GuJifdS
Act, 1947- Delhi Home Guards Rules, 1959.
H
800
I
801 SUPREME COURT REPORTS [2015] 2 S.C.R.
A Disposing of the appeals, the Court
HELD: 1.1 Though some of the Home Guards
(Grah Rakshak) produced their appointment letters to
show that they are serving as Platoon Havaldar for 1Oto
B 28 years, they"have been enrolled and there is no
appointment on regular basis. They have never been
paid salary/wages and there is no provision to make any
payment of salary/wages other than the duty allowance
and other allowances. In the Form filled up by the Home
C Guards volunteers of each State, the Home Guards have
specifically mentioned that they undertake to serve as a
member of the Home Guards at any time and place in
India if they are called out for training or duty. This is
evident from the Form I of Himachal Pradesh Home
D
Guards Act, 1968 which shows that they are entitled for
temporary allowance and in case of injury sustained or
disability occurred during the duty they are entitled for
disabi.lity pension. Similar is the case of Bombay Home
E Guards, who have been appointed as volunteers Home
Guards under the Act. They also have given declaration
that they have volunteered as a member of the Home
Guard. The Home Guards of N.C.T. of Delhi also have
been appointed to the organization which is volunteer
F body under the Act. The provision makes it clear that
Chief Commissioner of Delhi only engage volunteers in
the Home Guards. The Home Guards being volunteer
body in the N.C.T. of Delhi, the appellants-Home Guards
of Delhi cannot be claimed to be regular appointees.
G [Para 17, 18, 19, 20] [832-E-H; 833-A-D]
1.2 It is not the case of the State Government that
enrollment/appointments of the Home Guards were
backdoor engagement and illegal made in violation of
H
.GRAH RAKSHAK, HOME GUARDS WEL. ASSO. 802
v. STATE OF H. P.
Articles 14 and 16 of the Constitution of India. Therefore, A
the decision of this Court in Umadevi(3) is not applicable
in the case of the appellants-Home Guards. Admittedly,
there is no concept of wages. These volunteers are paid
duty allowance and other allowances to which they are
entitled. There is nothing on the record to suggest that B
they performed duties through out the year. On the other
hand, it is the specific case of the State that as and when
there is requirement they were called for duty and
otherwise they remained in their homes. Therefore, in C
absence of any details about continuity of service,
month to month basis or year to year basis, the duties
and responsibilities performed by them through out the
year can neither be equated with that of police
personnel. [Para 21] [833-E-H] o
1.3 No relief can be granted to the appellants either
regularization of services or grant of regular
appointments thus, no interference is called for against
the judgments passed by the Himachal Pradesh, Punjab E
and Delhi High Courts. However, taking into
consideration the fact that Home Guards are used during
the emergency and for other purposes and at the time
of their duty they are empowered with the power of
police personnel, the State Government should pay them F
the duty allowance at such rates, total of which 30 days
(a month) comes to minimum of the pay to which the
police personnel of State are entitled. It is expected that
the State Governments would pass appropriate orders
in terms of the said observation on an early date. [Para G
22] [834-A-C]
State of WB. and Others v. Pantha Chatterjee and
Others 2003 (1) Suppl. SCR 427: (2003) 6 SCC 469;
H
803 SUPREME COURT REPORTS [2015] 2 S.C.R.
A State of Manipur and another v. Ksh. Moirangninthou
Singh and others 2007 (3) SCR 193: (2007) 1o sec
544; Union of India v. Paru/ Debnath (2009) 14 SCC
173 - referred to.
B Case Law Reference
2003 (1) Suppl. SCR 427 referred to Para 15
2007 (3) SCR 193 referred to Para 15
c · (2009) 14 sec 113 referred to Para 16
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2759
of2015
D From the Judgment and Order dated 26.05.2008 of the High
Court of Himachal Pradesh at Shim la in CWP No. 645 of 2005
WITH
Civil Appeal Nos. 2760, 2761, 2762-2764, 2765, 2766, 2767,
E 2768,2769,2770,2771-2772,2773,2774-2775,2776,2777-
2780,2781,2782-2783,2784,2785,2786,2787,2788,2789,
2790, 2791, 2792-2793, 2794, 2796, 2797, 2798, 2799 and
2800 of 2015
F Jayant Bhushan, Vi nod Kr. Sharma, Ashwani K. Gupta, M. C.
Dhingra, Vikrant Yadav, Vikas Mahajan, Vishal Mahajan, Shyan
Sunder Rai, Rohan Gupta, Vi nod Sharma, B. Y Kulkarni, A. N.
Singh, Anuradha Mutatkar, S. L. Chander Shekhar, Dinesh
G Verma, Gopal Nahel, Subhasish Bhowmick, Tushar Bakshi,
Rishi Kesh, Rajiv Dewan, Sanjay Sharawat, Ratish Kumar,
BhaskarY. Kulkarni, Nidhi Gupta, Tarun Gupta, B. L. Goswami,
Naresh Kumar, Sunder Khatri, Shital Khatri, Rajesh Goyal, for
the Appellant.
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. 804
v.
STATE OF H. P.
P. S. Patwalia, ASG, Jayant Bhushan, Jagjit Singh Chhabra, A
Kuldip Singh, Varun Thakur, Varinder Kr. Sharma, Rekha
Pandey, Gaurav Sharma, Sushma Suri, Asha G. Nair, C. K.
Sharma, Gunwant Dara, D.S. Mahra, DilipAnnasaheb T.,Amol
V. Deshmukh M., for the Respondents.
B
The Judgment of the Court was delivered by
SUDHANSU JYOTI MUKHOPADHAYA, J Delay
condoned. Applications for deletion of proforma respondents,
substitution and permission to file SLP are allowed. Leave c
granted.
2. As these appeals involve a common question of law,
they have been heard together and are being disposed of by
this common judgment. / D
3. The appellants herein are individuals who are Home
Guards of States of Himachal Pradesh, Punjab and National
Capital of Territory of Delhi ('N.C.T of Delhi' for short). They
and their Association moved before High Courts in their E
respective States seeking regularization of their services by
filing writ petitions. The judgments and orders impugned herein
are those passed by the High Courts in such writ petitions. By
the impugned judgments and orders, the High Courts
dismissed the writ petitions filed by the appellants. F
4. The questions involved in these appeals are whether
Home Guards of States of Himachal Pradesh, Punjab and
N.C.T of Delhi are regular appointees in the cadre/services of
Home Guards and if not whether they are entitled for G
regularization of their services.
5. The learned counsel for the appellants have taken the
plea that the appellants are working as Home Guards without
any break for about 10 to 30 years. lnspite of the same, they H
805 SUPREME COURT REPORTS [2015] 2 S.C.R.
A were not given any benefits available to regular employees.
They have neither been granted regular pay scale, nor have
their services regularized.
6. Per contra, according to learned counsels forthe States.
B the appellants were appointed as Home Guards volunteers,
working on honorary basis and hence are entitled only for duty
allowance as per the schemes i.e. Acts and Rules framed for
the said purpose.
c 7. For determination of the issues, it is necessary to notice
the 'Genesis' of Home Guards Organization and relevant
provisions of Acts and Rules framed by different States with
regard to Home Guards Organization.
D 8. Genesis
In the Compendium of Instructions of Home Guards
published by Directorate General Civil Defence, Ministry of
Home Affairs, Government of India, New Delhi, the Genesis of
E Home Guard Organization is shown as below:
"1.1. Genesis
During World War-II, 'Home Guards'- a voluntary
citizen organization for local defence was raised in the
F United Kingdom. In India, in 6th December 1946, Home
Guards were raised in Bombay to assist the police in
controlling Ciyil disturbances and communal riots.
Subsequently, this concept of a voluntary citizen's force
as auxiliary to the Police for maintenance of law and order
G
and for meeting emergencies like floods, fires, famines
etc. was adopted by several other States such as Paranti
Raksha Dal, West Bengal Village block and Civic
Guards. In the wake of Chinese Aggression in 1962, the
H Centre advised the States and Union Territories to merge
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 806
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
their existing voluntary organizations into one all - India A
force known as 'Home Guards' which would be voluntary
both in concept and character.
1.2. Role
B
The following revised roles are assigned to the Home
Guards. These instructions have been reiterated from
time to time:
(a) Serve as an auxiliary to the police and assist in
maintaining internal security.
c
(b) Assist the community in any kind of
emergency an air raid, a fire, a flood, an epidemic and
soon.
D
(c) Organise functional units to provide essential
services such as motor transport, pioneer and engineer
groups, fire brigades, nursing and first-aid, operation of
water and power supply in installations etc.
E
(d) Promote communal harmony and give
assistance to the administration in protecting weaker
sections of the Society.
(e) Participate in socio-economic and welfare F
activities such as adult education, health and hygiene,
development schemes and such other tasks as are
deemed useful."
9. Himachal Pradesh - Home Guards G
Prior to reorgan'ization of the State of Himachal Pradesh
i.e. 1st November, 1966, the Bombay Home Guards Act, 1947
was in force in some parts of the State. In other areas, the
East Punjab Volunteer Corps Act, 1947 was in force. The East H
807 . SUPREME COURT REPORTS [2015] 2 S.C.R.
A Punjab Voluntary Corps Act, 1947 which came into effect 8th
December, 1947 makes it clear that the said Act was enacted
to provide for constitution of volunteer corps for the whole State
of Punjab. The Bombay Home Guards Act, 1947 also makes
it clear that the said Act was enacted to provide voluntary
B organization for use in emergencies and for other purposes in
the State of Bombay.
The Bombay Home GuardsAct, 1947 and East Punjab
Volunteer Corps Act. 1947 to the extend they were applicable
C in the State were repealed by "the Himachal Pradesh Home
Guards Act, 1968" extending it to the whole State of Himachal
Pradesh. Section 4 relates to constitution of volunteer body
called the Home Guards and reads as follows:-
D "4. (1) The Government shall, by notification, constitute
for the State of Himachal Pradesh a volunteer body called
the Home Guards, the members of which shall discharge
such functions and duties in relation to the protection of
persons, the security of property, the public safety and
E the maintenance of the essential services as may be
assigned to them in accordance with the provisions of
this Act and the rules made thereunder:
Provided that the Government may, by notification,
F divide the State of Himachal Pradesh into two or more
areas and appoint a Commandant for each such area.
(2) The Administration and command of the Home
Guards constituted under sub-section (1) for any area
G shall, under the overall command and control of the
Commandant General, be vested in the Commandant
who shall be appointed by the Government:
Provided that the Commandant may, with the approval
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 808
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.)
of the Commandant General, delegate such A
administrative and disciplinary functions as may be
necessary for the efficient functioning of. the
organization, to any officer subordinate to him.
(3) The general supervision and control of the Home B
Guards throughout Himachal Pradesh shall vest in the
Commandant General which shall be appointed by the
Government.
(4) Until a Commandant is appointed in an area under c
sub-section (1) the Commandant General may also
exercise the powers and perform the functions assigned
to the Commandant by or under this Act."
Section 5(1) deals with appointment of members of the o
Home Guards and reads as follows:-
"5.(1) Subject to the approval of the Commandant
General, the Commandant may appoint as members of
the Home Guards such number of persons, who are fit . E
and willing to ser\te, as may, from time to time, be
determined by the Government, and may appoint any such
member to any office of command in the Home Guards
under him."
F
From Section 5(1) we find that only persons who are fit
and willing to serve are eligible to be appointed as Home
Guards.As per Section 5(4) a member of the Home Guards
are required to serve the Home Guards organization for a
period of three yearswhich may be extended for further period. G
10. Himachal Pradesh Home Guards Rules, 1971
In exercise of the powers conferred by section 14 of the
Himachal Pradesh Home Guard Act, 1968, the Himachal H
809 SUPREME COURT REPORTS [2015] 2 S.C.R.
A Pradesh Home Guards Rules, 1971 was enacted. Rule 2(4)
defines "Home Guards Organization" as the Himachal Pradesh
Home Guards constituted under Section 4(1) of the Act i.e.
Volunteer body. Section 2(5) and Section 2(6) define "Member
of Home Guards" and "Honorary Home Guards" respectively
B as under:
"2.(5) "Member of Home Guards" means a member
appointed under section 5(1) of the Act, whether a part-
time or a whole time volunteer or a rank holder.
c
(6) "Honorary Home Guards" means a Home Guards
volunteer called under the Act."
The age limit prescribed under Rule 3(a) is between
D 18 years and 50 years. Rule 6 stipulates Home Guards
constituted under Section 4 will be a Battalion, comprising of
a group of companies under the command and control of a
Commandant. Rule 6(i)(b)stipulates that unless otherwise
sanctioned by the State Government, the officers of the
E Company will be Honorary Rank holders and the Company
can have only such additional paid staff as may be sanctioned
by the State Goverl)ment. The relevant portion of Rule 6(i}(b)
reads as under:
F "6.(i) The Home Guards constituted under Section
4 of the Act, will be a Battalion, comprising of a group of
Companies under the command and control of a
Commandant who shall be assisted by such executive,
instructional and clerical paid staff as may be senctioned
G by the Government:-
(a} * • • •
(b) The overall strength of a company shall be 110.
H Unless otherwise sanctioned by the State Government,
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 810
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
the officers of the Company will be Honorary Rank A
holders. The Company can have such additional paid
staff as may be sanctioned by the State Government from
time to time.
(ii) The honorary officers of the Company shall be paid B
such honoraria and allowances as laid-down in the
succeeding paragraphs of these rules.
(iii) The Commandant General will have powers to create
the required number of the honorary posts. c
(iv) The Commandant General or any authority
prescribed by him shall have powers to appoint any
member of the Home Guards to post referred to in
D
(iii) above under his command."
Rule 13 makes it clear thatthe Home Guards rendering
service as volunteers are entitled to such allowances and
honoraria as specified therein and reads as follows:
E
"13.Conditions of service- (i) The Home Guards shall
be liable to serve.anywhere within Himachal Pradesh.
Those who volunteer for duties outside Himachal Pradesh
may be drafted for the purpose as and when required.
F
(ii) The Home Guards employed for whole time duty, other
than the Honorary Home Guards, will receive pay and
allowances equivalent tc.. their counterparts in the Police
Department of equal rank. The equivalency of rank is
given in Appendix 'B'. G
(iii)The Honorary Home Guards shall be voluntary
workers entitled to such allowances and honoraria as
specified hereunder. They shali also be provided free
H
811 SUPREME COURT REPORTS [2015] 2 S.C.R.
A accommodation wherever available when called for duty.
Notwithstanding anything contained in Himachal
Pradesh Home Guards Rules, 1962, if any, free
B accommodation was provided to them before coming
into force of these Rules, no recovery will be made from
them on this account.
(a) Duty allowance: All honorary officers and members
C of Home Guards shall be paid a duty allowance of Rs.
3/- per day when called under Section 8(1) of the
Home Guards Act-for Operational duty for six hours
or more.
o (b) Campallowance: lftheplaceofdutyismorethan
8 K.m. beyond the Company or Independent Platoon
headquarter as fixed by the Commandant General, a
sum of Rs. 1/-per day will be given in addition to the
duty allowances to the honorary Officers and members
E of the Home Guards.
(c) Out of Pocket allowance:- When honorary Officers
and men of Home Guards are called for training or
duty for less than six hours, they shall be paid an out of
F pocket allowance of Rs. 1/-per day instead of the duty
allowance of Rs. 3/-.
(d) Traveling allowance: (i) Honorary Officers and the
members of the Home Guards shall be entitled to
G traveling and duty allowances on the scales as may
be sanctioned by the State Government from time to
time.
(e) Any Other allowance as may be sanctioned by the
H Government from time to time.
GRAH RAKSHAK, HOME GUARDS WEL.ASSO. v. 812
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
(f) Honoraria: The Honorary Home Guards Officers will A
be given an honoraria for performing short-time
instructional and administrative duties at the following
rates per mensem provided they perform such duties
during the month.
B
1. Company Commander Rs.40
2. Platoon Commander Rs.30
3. Havildars i.e. Havildar
Major Quarter Master Rs.15 c
Havildars Clerk and
Platoon Havildar
4. Section Leader Rs.10
D
(g) All members of the reserve force when called out
under Section 8 of the Act will be treated as Home
Guards on duty and all provisions of the Act and these
rules will apply-to them.
(iv) No prosecution shall be instituted against any E
Home Guard in respect of any thing done or purporting
to be done by him in the discharge of his duties as a
Home Guard except with the prior sanction of the State
Government or such other Officer as empowered by
F
the State Government in this behalf."
There are other benefits which are granted under Rule
15. In case if any member of the Home Guards suffers any
injury while undergoing training or on duty, he is entitled to G
disability allowance or compensation depending upon the
nature of injury. In case of death of Home Guard, as a result of
injuries sustained while on duty or on training, family pension
and children allowances are also payable. Relevant portion of
Rule 15 reads as under: H
813 SUPREME COURT REPORTS (2015) 2 S.C.R.
A "15. If any member of the Home Guards suffer any
damage to his person or property while undergoing
training or on duty, and he does not cause it by his own
negligence or willful act or omission of the provisions of
this Act and Ru!es or directions issued by superior Officer,
B he shall be paid compensation in the form of temporary
allowance, disability pension, family pension and children
allowances as the case may be, on the following terms
and conditions:-
c (i) Temporary Allowance- If any Home Guards is
incapacitated for work for a period of 3 days or more
he shall be paid temporary disability allowance for
the period of disablement at the rate of Rs. 30 per
month payable at half monthly intervals as Rs. 15.
D
(ii) Where an injury sustained by a Home Guard causes
him serious and prolonged or permanent
disablement, he shall be awarded compensation at
the rates mentioned below; The amount depending
E on the percentage of disablement:-
Percentage of Disability pension
Disablement. Permensem
F
100 Rs. 30/-
90 Rs. 27/-
G
80 Rs. 24/-
70 Rs. 21/-
60 Rs. 18/-
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 814
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
50 Rs. 15/- A
20to40 Rs. 12/-
10 Rs. 10/-
Provided that where the disablement is not more than B
50% and the injured Home Guard is not debarred from
the means of his livelihood, the amount of disablement
pension shall be substituted by a lump sum payment
calculated at 70 times of the monthly payments specified
in the foregoing schedule.
c
(iii) In case of death of a Home Guard, as a result of
injuries sustained while on duty or training, a family
pension and children allowances shall be payable in
D
accordance with the following:-.
(a) A family pension of Rs.20 per month to his legally
wedded wife and in case the incumbent may have
more than one legally wedded wife, then this rate of
provision of Rs.20 will be distributed equally and an E
allowance of Rs.5 per month to each of his legitimate
child in case no family pension is being paid each
child will get an allowance of Rs.7.50 per month:
(i) x x x F
(ii) x x x
(b) For calculating the amount of injury, the opinion
of the authorized Medical Officer shall be legal and G
final. The authorized Medical Officer, in this case
means any Civil Doctor in the service of the
Government not below the rank of Class-I."
H
815 SUPREME COURT REPORTS (2015] 2 S.C.R.
A 11. Himachal Pradesh Home Guards (Amendment)
Act. 2002
Himachal Pradesh Home Guards Act, 1968 was
amended by the Himachal Pradesh Home Guard
B (Amendment) Act, 2002. In Section 4 of the Himachal Pradesh
Home Guards Act, 1968 in place of the word 'members', the
word 'volunteers' was substituted and in Section 5 for the words
"appointment of members" the words "enrollment of volunteers"
were substituted .. Similarly for the words "appoint" and
C "appointment" the words "enroll" and "enrollment" were
substituted respectively. Even if we do not take into
consideration theAmendmentAct, 2002, from the aforesaid
background the following fact emerges:
D (i) In India on 6th December, 1956 Home Guards were
raised in Bombay as a volunteer organization by the
Bombay Home Guards Act, 1947 to provide a volunteer
organization for use in emergencies. The Bombay Act
was applicable in the part of the State of Himachal
E Pradesh.
(ii) The East Puf1jab Corps Act, 1947 came into force since
8th December, 1947 to provide for constitution of volunteer
corps. This Act was applicable in the remaining part of
F the Himachal Pradesh.
(iii) The Bombay Home Guards Act, 1947 and East Punjab
Corps Act, 1947 to the extend they were applicable in
the State of Himachal Pradesh were repealed by
G Himachal Pradesh Home Guards Act, 1968.
(iv) Under Section 4(1) of Himachal Pradesh Home Guards
Act, 1968 a volunteer body was constituted called the
Home Guards, the members of which shall discharge
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 816
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
such functions and duties in relation to the protection of A
persons, the security of property, the public safety and
the maintenance of essential services as may be
assigned to them.
(v) Rule 2 of Himachal Pradesh Home Guard Rules, 1971 B
deals with Member of Home Guards and Honorary Home
Guards.
(vi) Rule 6(ii) of the said Rules deals with honorary officers of
the Company were to be paid honoraria and allowances. c
(vii) Rule 13 of the said Rules stipulates that the volunteers
duties outside the State are entitled for certain allowances
mentioned therein.
Thus we find thatthe Home Guard in Himachal Pradesh D
is a volunteer body and its members are volunteers entitled
for allowances, they are not entitled to any salary.
12. State of Punjab - Home Guards:
E
The East Punjab Volunteers Corps. Act, 1947 was
enacted and published in the East Punjab Gazette, Extra-
ordinary on 8th December, 1947 (East Punjab Act No.VIII of
1947) to provide for the constitution of volunteers Corps. It was
amended vide Punjab Act 42 of 1960 and was titled as "Punjab F
Home Guards)Act, 1947. Under Section 9 of the said Act, the
State Government is empowered to frame rules, which reads
as follows:
"9. The State Government may make rules consistent G
with this act.
a) Providing for the exercise of control by officers of
the Police force over members of the Punjab (Home
H
817 SUPREME COURT REPORTS [2015] 2 S.C.R.
A Guards), when acting directly in aid of the Police force.
b) Regulating the organization, appointment, conditions
of service, duties, discipline, arms, accoutrement and
clothing of members of Punjab (Home Guards) and the
B manner in which they may be called out for service;
c) Conferring of member of Punjab (Home Guards)
according to their office any power, other than magisterial
or judicial power exercisable by any person under any
c law for the time being in force; and
d) Generally for giving effect to the provision of this Act."
D The Punjab Home Guard Rules, 1963
In exercise of the power conferred by Section 9 of the
Punjab Home GuardsAct, 1947, the Punjab Home Guards
Rules, 1963 was enacted by notification dated 4th September,
E 1963. Under Rule 2(c) of the said Rules the designated post
of officers notified as Gazetted by Government has been shown
as follows:
"2. Definitions.-ln these rules, unless the context
F otherwise requires,-
(c) 'Gazetted Officer' means an officer of the status
specified in column (1) below in the case of Home
Guards Unit I and in column (2) in the case of Home
G Guards Unit II, and includes an officer of the status notified
as Gazetted by the Government:-
H
GRAH RAKSHAK, HOME GUARDSWEL.ASSO. v. 818
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
Column (1) - --- -----·ca1uinn (2) A
!
(i) Commandant General ·-(if-Gram Raksha Dai ctiief: _,
(ii) Deputy Comm and ant (ii) Chief Organizer, Gram
General Raksha Dal.
(iii) Commandant. (iii) Director, Training, Gram B
(iv) Regional Raksha Dal.
Commandant. (iv) Senior Staff Officer. I
I
(v) Battalion (v) Zonal Organizer. .!
Commander. (vi) District 0 rga n izer.
(vi) Batta lion-Second-in- c
Command.
(vii) District COl"flmandant
Rule 2(h) deals with Member of Home Guards including
NCO and Non Gazetted Officer as follows: D
"(h) 'member' means a person appointed as member
of the Home Guards under section 3 oftheAct;
(i) 'N.C.Os' means Non Commissioned Officers from E
SubcSection Leader to Havildar;
U) 'Non Gazetted Officer' means an officer of the status
specified in column (1) below in the case of Home
Guards Unit I and in column (2) in the case of Home
F
Guards Unit II and includes an officer of the status
declared as non-gazetted by an order of the
Government:- ·
~-. . --~cciumn (1j . _ r_::::.:::__:_ ~o!Urlln j2) __ -~ ~::-~i
, (i) Commardant Commandar ! (i) Company Commander I G
: (ii) Company-Secrnd-in- i (iQ Company-Second-in- !
' Commard I Command
(iiQ Platoon Commarder. ' (iR) Supervisor
·(iv) lnstru::ta-
(v) Platoon Commander
H
819 SUPREME COURT REPORTS [2015] 2 S.C.R.
A No fixed strength of Unit of Home Guards has been
given therein and the same has to be fixed by the Government
from time to time. Rule 10 deals with preference to ex-soldiers
and ex-policemen while enlisting members. We find that even
an employee of the State Government can be member of the
B Home Guard under Rule 11. Rule 10 and Rule 11 read as
follows:
"10. Preference to ex-soldiers and ex-policemen.
[Section 9(b)]- In enlisting members preference shall
c be given to trained ex-soldiers, ex-I. N.A. personnel, ex-
policemen and National Cadet Corps trained personnel.
11. Employee Members.[Section 9(b)]- Such
Government employees or other employees as could
D be made available by their respective employers in the
case of emergency may be enrolled as supernumerary
or regular members with the permission of the Head of
the Office in the case of Government employees and
the employer in the case of other employees."
E
Under Rule 14, Pay and allowance if any admissible to
the members including gazetted and non-gazetted Officers
shall be determined by the Government from time to time. Rule
6 directs that the declaration of Enrolment has to be given by
F a member. The form of declaration is given inAppendixAwhich
is as follows:
APPENDIX 'A'
G (See rule 6)
(a) Enrolment Form
1. Name:
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 820
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
2. Father's Nan:ie: A
3. HomeAddress:
a) Village
b) Post Office B
c) Police Station
d) Railway Station
e) District
c
4.Age:
5. Profession:
D
6. Academic qualifications:
7. Present occupation and where employed with
complete address;
8. Whether convicted by any criminal court? E
9. Are you willing to be enrolled in the Home Guards
Unit I or Home Guards Unit II?
10. Are you prepared to serve when called for duty in F
case of emergency?
11. Have you ever served in I.A., l.N.A., l.T.F. Police,
etc
G
12. Are you a member of the Army reserve force?
13. What is your hobby?
14. Any other information you would like to give.
H
821 SUPREME COURT REPORTS [2015] 2 S.C.R.
A (b)Declaration of Acceptance for Enrolment
solemnly declare that the answers I have given to the
questions in this form are true and I am willing to fulfill
B the engagements made.
Signature
Certified that the applicant understands and agrees
to the conditions of enrolment.
c
(Signature of Enrolling Officer)
D (c) Form of Declaration
l, _______ ,son of_______ ,resident
of , do herby solemnly declare, and
E affirm that as a member of the Punjab Home Guards
to which I have volunteered after dully understanding
the responsibilities and duties which its membership
imposes upon me, I will honestly and faithfully
discharge my duty without fear or favour irrespective
F
of caste and creed.
Signature
G
Enrolment _ _ _ as_ _ _ _ _is approved.
(Signature of Enrollment Officer)"
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 822
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
In exercise of the power conferred by Section 9 of the A
Punjab Home Guards Act, 1947 "the Punjab Home Guards
and Civil Defence (Class II) Service Rules, 1988" 'The Punjab
Home Guard and Civil Defence (Class I) Service Rules, 1988"
were framed. Though the aforesaid rules are not applicable to
the present cases it .is necessary to notice the difference B
between the Punjab Home Guard Rules, 1963 and 1988 Rules.
In Appendix 'A' of Class II Service Rules, the total
strength posts both permanent and temporary and the Regular
scale of pay to which the officers are entitled have also been C
shown therein. Similarly, an Appendix to Class I Service Rules
also total no. of permanent and temporary posts has been
shown along with the scale of pay. No such strength of post
and scale of pay have been shown for members of Home
Guards who were guided by the Punjab Home Guard Rules, D
1963.
From the Punjab Home Guards Act, 1947 we find that
the Act has been enacted to provide for the constitution of
volunteers Corps and therefore we hold that the members of E
the Home Guards of Punjab under the Punjab Home Guards
Rules are volunteers and are not regular employees of the
State.
13. N.C.T. of Delhi - Home Guards: F
The Bombay Home Guards Act, 1947 was enacted to
provide a volunteer organization for use in emergencies and
for other purposes in the State of Bombay. It was extended to
the Union Territory of Delhi. Relevant portion of Bombay Home G
Guards Act, 1947 as extended to the Union Territory of Delhi
reads as follows:
"The Bombay Home Guards Act, 1947 (Bombay
H
823 SUPREME COURT REPORTS [2015] 2 S.C.R.
A Act No.Ill of 1947)As Extended to the Union Territory
of Delhi Bombay Act No.Ill of 1947.
(The Bombay Home Guards Act, 1947)
An Act to provide for the constitution of Home Guards
B
Whereas it is expedient to provide a volunteer
organization for use in emergencies and for the purposes
in the State of Bombay. It is hereby enacted as follows:-
C 1. Short title, extent and commencement-
(1) This Act may be called the Bombay Home Guards
Act, 1947.
D (2) It extends to the whole ofthe Union Territory of
Delhi.
(3) It shall come into force at once.
2. Constitution of Home Guards and appointment
E of Command.ant General and Commandant
(1) The Chief Commissioner of Delhi shall constitute for
the Union Territory of Delhi a volunteer body called the
Home Guards, the members of which shall discharge
F such functions and duties in relation to the protection of
persons the security of property and the public safety as
may be assigned to them in accordance with the
provisions of this Act and the rules made thereunder.
G Provided that the Chief Commissioner of Delhi may, by
notification in the Official Gazette, divide the Union
Territory of Delhi into two or more areas and constitute
such a volunteer body for each such area."
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 824
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
Section 3 of the said Act deals with appointment of A
members of Home Guards. Under Section 8 the Chief
Commissioner of Delhi is empowered to make rules consistent
with the Act regarding the organization, appointment,
conditions of service, etc. of members of Home Guards.
B
Delhi Home Guards Rules. 1959
In exercise o(the powers conferred by Section 8 of the
Bombay Home Guartjs Act, 1947, as extended to the Union
c
Territory of Delhi, the Chief Commissioner of Delhi made Delhi
Home Guard Rules, 1959. Minimum age of 20 years and
maximum age of 60 years has been prescribed therein for
being members of Home Guards. Rule 8 prescribes term of
office which is 3 years and Rule 9 defines limit of age for a
member of the Home Guards. The said Rules read as follows: D
"8. Term of Office - The term of office of a member of
the Home Guards shall be three years.
Provided that the appointment of any such member may, E
at any time, be terminated by the Commandant General
or the Commandant, as the case may be, before the
expiry of the term of office -
(a) by giving one month's notice, or
F
(b) without such notice, if such member is found to be
medically unfit to continue as a member of Home
Guards.
9. Limit of age for a member of the Home Guards - G
A member of the Home Guards may continue to be such
member until he attains the age of sixty years.
Provided that the Commandant General or the
H
825 SUPREME COURT REPORTS (2015] 2 S.C.R.
A Commandant may relax the age limit in suitable cases."
A member of the Home Guards who suffers any damage
to his person or property while under training or on duty is not
entitled for any other benefits except compensation under Rule
B 18, which reads as follows:
"18. Compensation - If a member of the Home Guards
suffers any damage to his person or property while under
training or on duty, he shall be paid such compensation
c as may be determined by the Chief Commissioner;
provided that such damage is not caused by his own
negligence or willful act omission in contravention of any
ofthe provisions of the Act or rules made thereunder or
orders or directions issued by his superior officers."
D
From the Bombay Home Guards Act, 1947 as
extended to the Union Territory of Delhi, the following fact
emerges:
E (i) The Home Guard is a volunteer organization for use in
emergency and for the purpose of State
(ii) Chief Commissioner of Delhi by notification can divide
the Union )erritory of Delhi into two or more areas and
constitute a volunteer body for each such area.
F
(iii) The term of office of Home Guards is three years and
maximum age limit of appointment is upto the age of
sixty years.
G Therefore, we find that the Home Guards of N.C.T. of
Delhi are volunteers and are not in any service of the State.
14. Learned counsel for the parties relied upon certain
decisions of this Court, as referred below:
H
GRAH RAKSHAK, HOME GUARDS WEL.ASSO. v. 826
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
(i) The case of State of W.B. and Others v. Pantha A
Chatterjee and others, (2003) 6 SCC 469 was related to
part time Border Wing Home Guards recruited for patrolling
the border and checking infiltration. Initially they were appointed
as volunteers for three months but were retained for 14 long
years. Being dissatisfied with the pitiable conditions of service B
under which they had been working and the nominal
emoluments paid to them, they preferred writ petitions before
the Calcutta High Court complaining that they were being
discriminated vis-a~vis other regular Border Wing Home C
Guards of West Bengal and the Border Security Force
Personnel, as they were performing similar duties and
discharging same responsibilities. The learned Single Judge
on considering the material on the record, came to the
conclusion that there is a relationship of master and servant o
between the Border Wing Home Guards and the State of West
Bengal, who is their appointing authority. The learned Single
Judge held that so far as the nature of the employment is
concerned i.e. whether casual or voluntary, in view of memo
dated 11th October, 1985 issued by the Government of West E
Bengal the writ petitioners could not be treated as volunteers
engaged in casual nature of work so as to be termed as part-
time staff of the Government of West Bengal. They were also
held to be holders of civil posts under Article 311 of the
Constitution. Referring certain case laws with regard to daily F
wage casual workers, the Single Judge further held that they
are entitled for "equal pay for equal work" i.e. the same benefits
as admissible to the permanent Border Wing Home Guards.
In an appeal filed by the State against the aforesaid G
decision of the Single Judge, this Court upheld the same. This
Court held:
"16. In the present case, we have seen that there has
H
827 SUPREME COURT REPORTS [2015] 2 S.C.R.
A not been any dispute about the nature of duties of the
two sets of BWHG Ordinarily, no doubt, they could claim
benefits only in accordance with the Scheme under which
they were engaged. But as held earlier, the Scheme was
not implemented in its terms as framed. Hence, the
B distinction sought to be drawn between the part-time and
the permanent BWHG had obliterated and both worked
together shoulder to shoulder under similar situations
and circumstances and discharged same duties. Once
the Scheme as framed failed to be implemented as such
c by those at the helm of the affairs and the part-time
BWHG were continued under the authority of those
vested with such power to continue them, it is not open
to the State Government or the Central Government to
D deny them the same benefits as admissible to members
of the permanent staff of BWHG The decisions reported
in Karnataka State Private College Stop-gap Lecturers
Assn. v. State of Karnataka9 and Govt. of India v. Court
Liquidator's Employees Assn.10 may also be
E beneficially referred to.
17. On the basis of the Scheme, as promulgated by
the Government of India, the State Government with the
sanction of the Governor of West Bengal raised the
F battalion of Border Wing Home Guards, as indicated
earlier and they were to be paid from a given head of
expenditure of the State Government. The Scheme,
however, makes it clear that the expenditure incurred
would be reimbursed by the Central Government. The
G Central Government should not and cannot get out of
this undertaking. It is no doubt true that the State of West
Bengal being in the position of an employer of the
respondent petitioners, owes the primary responsibility
of making all the payments on account of salary,
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 828
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
allowances and other perquisites to them as admissible A
to the permanent staff of the Border Wing Home Guards
but this burden of expenditure must be ultimately borne
by the Central Government. The petitioners have been
guarding the borders of the country assisting BSF in
checking the infiltration from across the border. The B
petitioners have been working and discharging their
duties under the control of the authorities of the Border
Security Force. We also find that the Central Government
cannot shed its responsibility by raising a lame plea
that it was because of the State Government that
c
voluntary character of the engagement of the writ
petitioners, as per the Scheme, was lost. In our view,
the primary responsibility for deployment for such a long
duration squarely lies upon the Central Government. The D
deployment was envisaged to be for a period of 3
months, to be continued, only if necessary as may be
assessed by the authorities of the Border Security
Force. The authority to continue the deployment beyond
the period of 3 months was entrusted to the responsible
authorities of the Border Security Force by the Central
Government itself. There is no dispute that the writ
petitioners were continued accordingly. In such a
situation the State Government hardly had any choice
in the matter to cease or withdraw the deployment F
engaged in the job of patrolling of borders under
operational control of BSF.
18. In the circumstances indicated above, the High
Court has rightly come to the conclusion that the so- G
called part-time Border Wing Home Guards could not
be treated differently from the permanent staff of BWHG
They have been rightly accorded parity with them."
H
829 SUPREME COURT REPORTS [2015] 2 S.C.R.
A 15. Learned c9unsel appearing on behalf of the appellants
had taken plea that the appellants have been working as Home
Guards for period ranging from 10 to 30 years and therefore
in view of the decision in State ofW.B. and Others v. Pantha
Chatterjee and others, (2003) 6 SCC 469 they are also
B entitled for regularization of their services.
However, such contention has been opposed by the
learned counsel for the State(s). They relied upon another
decision of this Court in State of Manipur and another v.
C Ksh. Moirangninthou Singh and others, (2007) 10 SCC
544. In the said case, the members of the Manipur Home
Guards filed different writ petitions in the Gauhati High Court
inter alia praying that their services be regularized in the Home
Guards and that they be given regular pay scales. In the said
0
case, the Court. noticed that Home Guards have been
constituted as a voluntary organization for service in
emergencies. Their ·initial appointment was for three years after
which it is at the discretion of the Commandant, subject to
E approval of the Commandant General to reappoint a member
of the Home Guards. The Court further noticed that there was
a age limit of 50 years. In the said case, the Court held:
·~1. We are of tl1e opinion that in view of the Constitution
F Bench judgment of this Court in Secy., State of
Karnataka v. Umadevi (3)1 this Court cannot direct
regularisation in service. Since the court has no power
to direct regularisation, it also follows that it has no power
to direct grant of benefits payable to the regular
G employees."
The Court further held:
"11. A perusal of the provisions of the Home Guards
Act and the Rules show that the Home Guards was
H
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 830
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
meant to be a reserve force which was to be utilised in A
emergencies, but it was not a service like the police,
paramilitary fore~ or army, and there is no right in a
member to continue till the age of 55 years. We approve
the view taken by tt)e Delhi High Court in Rajesh Mishra
v. Govt. of NCT of Delhi." B
16. In Union of India v. Parul Debnath, (2009) 14 SCC
173, the Court considered the Andaman and Nicobar Islands
Home Guard Regulations, 1964. In terms of Regulation 16 of
the said Regulations, the then Chief Commissioner (now C
Lieutenant Governor), Andaman and Nicobar Islands, framed
"the Andaman and Nicobar Home Guard Rules, 1965" for
providing a voluntary organization nanied as "Andaman and
Nicobar Islands Home Guard Organization" for use in D
emergency and for other purposes in the Union Territory of
Andaman and Nicobar Islands. The respondents therein
claimed to be contin.uously performing the duties of a regular
nature. They moved before the Central Administrative Tribunal,
Calcutta Bench, Circuit Bench at Port Blair seeking equal pay E
for equal work with regular Home Guards or for regularization
of their service. The said original application was disposed of
by the Tribunal by common order dated 16th September, 2002
inter alia, with a direction to the State authorities to consider
the framing of an appropriate scheme. Writ petitions filed F
again~e said order of Tribunal was disposed of by the
learn ;::,ingle Judge directing the appropriate authority to
'
tram~ a scheme as directed by the Tribunal and while doing
so to take into consideration the principles laid down in Pantha
Chqterj'}e case. The scheme framed by the state authorities G·
providing reservation of 20% of the vacant posts to
accommodate the respondents in a phased manner, while
setting apart 80% ofthe vacancies for other parties, was later
challenged before learned Single Judge by filing a writ petition. H
831 SUPREME COURT REPORTS (2015] 2 S.C.R.
A The learned Single Judge dismissed the same and on appeal,
Division Bench reversed the judgment of learned Single Judge
and set aside the scheme framed. In an appeal challenging
the said decision of the Division Bench, this Court upheld the
same and held as follows:
B
"42. In our view, the Division Bench h.as very correctly
observed thatthe intention of the Tribunal and the courts
was that the benefits to be given to the writ petitioners
(the respondents herein) should be extended to all of
c them uniformly and without making any discrimination.
The very fact that some of the respondents would be
regularised, while the others would have to wait till the
next vacancies arose or the possibility that some of the
candidates who were otherwise eligible, might not even
D
be absorbed, was never the intention when the
directions were given to frame a scheme for absorption
of the respondents. In our view, such a course of action
appears to have been adopted to negate the effect of
E the earlier orders so that the respondents as a whole
were deprived of the benefit of absorption and the further
benefit of "equal pay for equal work", as was indicated
in Pantha Chatterjee case1.
43.As a direct consequence of the disparity in the pay
F
structure of the respondents, who were to be absorbed
in stages, their post-retiral benefits would be affe~
and would not be uniform, which was also not intended
when directions were given for framing of a scheme to
G absorb the said respondents.
\c I
44. Clause (h) of the scheme, which has been
commented upon by the Division Bench of the High
Court, denies to the respondents any other benefit other
H than those specified in the scheme, thereby creating a
GRAH RAKSHAK, HOME GUARDS WEL.ASSO. v. 832
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
class within a class, which is not only contrary to Article A
16 of the Constitution but is also contrary to the directions
given by the High Court regarding absorption ofthe
existing Home Guards. Even Clause (i) is arbitrary and
discriminatory in nature as it contemplates a situation
where some of the respondents who were otherwise B
eligible, may not at all be absorbed in the regular
administration which would disentitle them to the benefits
of the directions given by the Central Administrative
Tribunal and the High Court.
c
45. On the question of creation of supernumerary posts,
It may be indicated that while it is no doubt true that
creation of posts is the prerogative of the executive, in
order to meet certain special exigencies such a course
D
of action has been resorted to by this Court and in our
view this is one such case where such a di.rection does
not need any intervention."
17. In the cases before us thoL1gh some of the Home
Guards (Grah Rakshak) produced their appointment letters to E
show that they are serving as Platoon Havaldar for 10 to 28
years, we find that they have been enrolled and there is no
appointment on regular basis. They have never been paid
salary/wages and there is no provision to make any payment F
of siifiry/wages other than the duty allowance and other
allo~ces.
I
18. In the Form filled up by the Home Guards volunteers of
e11c,h S~te, the Home Guards have specifically mentioned that G
they undertake to serve as a member of the Home Guards at
anytime and place in India if they are called outfortraining or
duty.
This is evident from Form I of Himachal Pradesh Home
H
833 SUPREME COURT REPORTS [2015] 2 S.C.R.
A Guards Act, 1968 which shows that they are entitled for
temporary allowance and in case of injury sustained or disability
occurred during the duty they are entitled for disability pension.
19. Similar is the case of Bombay Home Guards, who have
B been appointed as volunteers Home Guards under the Act.
They also have given declaration that they have volunteered
as a member of the Home Guard.
20. The Home Guards of N.C.T. of Delhi also have been
c appointed to the organization which is volunteer body under
the Act. Provision discussed above makes it clear that Chief
Commissioner of Delhi only engage volunteers in the Home
Guards. The Home Guards being volunteer body in the N.C.T.
of Delhi, the appellants-Home Guards of Delhi cannot be
D claimed to be regular appointees.
21. It is not the case of the State Government that
enrollment/appointments of the Home Guards were backdoor
engagement and illegal made in violation of Articles 14 and
E 16 of the Constitution of India. Therefore, the decision of this
Court in Umadevi(3) is not applicable in the case of the
appellants-Home Guards. Admittedly, there is no concept of
wages. These volunteers are paid duty allowance and other
allowances to which they are entitled. There is nothing on the
F record to suggest that they performed duties through out the
year. ~
On the other hand, it is the specific case of the State
that as and when there is requirement they were called for duty
G and otherwise they remained in their homes. The~fore~ in
absence of any details about continuity of service, month ,to
month basis or year to year basis, the duties and
responsibilities performed by them through out the year can
H neither be equated with that of police personnel.
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. v. 834
STATE OF H.P. [SUDHANSU JYOTI MUKHOPADHAYA, J.]
22. In view of the discussion made above, no relief can be A
granted to the appellants either regularization of services or
grant of regular appointments hence no interference is called
for against the judgments passed by the Himachal Pradesh,
Punjab and Delhi High Courts. However, taking into
consideration the f~ct that Home Guards are used during the B
emergency and for' other purposes and at the time of their duty
they are empowered with the power of police personnel, we
are of the view that the State Government should pay them the
duty allowance at such rates, total of which 30 days (a month) C
comes to minimum of the pay to which the police personnel of
State are entitled. It is expected that the State Governments
shall pass appropriate orders in terms of aforesaid observation
on an early date preferably within three months.
D
23. The appeals are disposed of with the aforesaid
observation. No c0sts.
Nidhi Jain Appeals disposed of.
E
F
G
H
•
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