Home Guards Entitled To Duty Allowance As Per Minimum Pay Of Police Personnel : Supreme Court To Odisha Govt

A Bench comprising Justice MR Shah and Justice MM Sundresh relied on the judgment in Grah Rakshak, Home Guards Welfare Association v. State of Himachal Pradesh And Ors., wherein the Apex Court had considered the working conditions of the Home Guards in different States of the Country, especially, the State of Himachal Pradesh, Bombay, and NCT of Delhi. Taking into consideration the fact that Home Guards were used during the emergency and for other purposes and at the time of their duty they were empowered with the power of police personnel, it had opined that the State Government should pay them the duty allowance at such rates, total of which 30 days (a month) came to minimum of the pay to which the police personnel of State were entitled.

Factual Background

Home Guards who were working under the State's Home Department for more than 10 years had preferred a writ seeking direction to the State of Odisha to disburse their salary as per the direction of the Apex Court in Grah Rakshak, Home Guards Welfare Association v. State of Himachal Pradesh And Ors. and subsequent/clarificatory order dated 04.05.2016 passed in a contempt petition. In their writ, Home Guards had also sought for the benefit of 7th Pay Commission from the date which had been given to their counterparts by other States.

The Single Judge of the High Court had allowed the reliefs sought and directed the State Government to implement the recommendation of the Directorate General (Fire Service, Home Guards, Civil Defence), Odisha for payment at the minimum sum of Rs.533/- per day taking into consideration the remuneration paid to the Constables in the State of Odisha in the lowest rank in the police personnel from 10.11.2016 and pending decision thereon, to pay them provisionally at the rate of minimum Rs.500/- (Rupees Five hundred) per day from January, 2020. Against the Single Judge's order, the State had approached the Division Bench of the High Court.

While allowing the State's writ appeal in part the Division Bench had modified the part of the impugned judgment and said, "We are not inclined to interfere with the impugned judgment except that we are persuaded to modify the directive portion of the impugned judgment to the limited extent for implementation of the recommendation of the Directorate General (Fire Service, Home Guards, Civil Defence), Odisha for payment at the rate of Rs.533/- per day to the Home Guards from January, 2020, instead of 10.11.2016 as directed by the learned Single Judge and direct that arrears shall be payable to the Home Guards only from January 2020, within a period of three months from the date of this judgment."

However, the Division Bench of the High Court had affirmed the view taken by the Single Judge of discarding State's argument that payment of Duty Allowance of Rs 500 would be in excess to the present remuneration of the Contractual Constables recruited at initial stage.

Analysis by Supreme Court

The court noted that the issue whether the Home Guards working in the State are entitled to Duty Allowance at per the minimum amount of pay to which the police personnel in the State are entitled is settled by virtue of the order passed in Grah Rakshak. Therein the Apex Court had directed the State Governments to pay duty allowance to the Home Guards 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. Accordingly, the State Governments were directed to pass orders within a period of three months. In the subsequent clarificatory order, the Apex Court had directed the payment of minimum of the pay, which would include, mean basic pay, grade pay, dearness allowance and washing allowance. However, the Court clarified that the pay would not be given on a monthly basis, but with reference to each day of work put in by the Home Guard. Subsequently, the Ministry of Home Affairs had communicated to the Chief Secretaries of all States and Union Territories to comply with the directions issued in Grah Rakshak. In 2016, Director General (Fire Service, Home Guards, Civil Defence) Odisha recommended to pay to the Home Guards in the State of Odisha, Duty Allowance at Rs.533/ per day as per minimum of the pay to which the Police personnel of the State were entitled. However, the same was not implemented. The Home Guards in the State were being paid the DCA at Rs.7,200 per month, Rs.9,000 per month, as being paid to the Constables appointed under Rule 2013. The Apex Court was not inclined to accept the State’s submission that as contractual Constables appointed under Rule 2013 are being paid a fixed lump sum amount at the entry level, the Home Guards after rendering 10 to 15 years of service also shall be entitled to the same fixed salary. It directed the State to make payment as directed by the Single Judge and the Division Bench of the High Court.

Considering the restriction of benefit of Duty Allowance at Rs 533 per day from January, 2020 as imposed by the Division Bench, the Apex Court opined that there was no reason provided by the Division Bench to restrict the benefit from 2020 as opposed to 10.11.2016 (Director General, Odisha’s recommendation). It held that the Division Bench was not justified in restricting the benefit of the Duty Allowance from January, 2020. However, the Apex Court took into consideration the financial implication on the State exchequer. As per the recommendation letter dated 10.11.2016, there would be a burden of Rs. 51,78,775 on the State Government per day for paying Duty Allowance at Rs 293 per day and the annual implication would be around Rs. 189 crores if the Home guards are engaged for 365 days a year. Thus, the Apex Court thought it fit to restrict the benefit of Duty Allowance at Rs. 533 per day from the date of filing of the writ petition before the Single Judge, i.e., 01.06.2018. The arrears are to be paid within a period of three months.

Case details

Prakash Kumar Jena And Ors. v. State of Odisha And Ors.| 2023 LiveLaw (SC) 213  |Civil Appeal No. 8836/2022| 17th March, 2023| Justice MR Shah and Justice MM Sundresh