Home Guards Appointed On Daily Wage Basis, Recruitment And Selection Process Different From Civil Police Officers: Kerala High Court Denies Pay Parity

In this case, aggrieved by the order of the Tribunal in granting parity in pay to Home Guards with that of Police Constable, the State Government has approached the High Court with an appeal.

Thus, the Division Bench comprising Justice A. Muhammad Mustaque and Justice Shoba Annamma Eapen set aside the Tribunal's decision that directed the State Government to pay wages to Home Guards at par with the Civil Police Officer. It held:

“Home Guards are recruited on daily wages and are engaged from those who have been retired from the Military, Navy, Air Force etc. The recruitment and selection process for Home Guards and Civil Police Officers are different. Home Guards were appointed on daily wages for assisting the personnels of Fire and Rescue Service and Police Department in their official duties. Neither a substantive post was created for them nor they were appointed on the basis of selection conducted through any exam. It is to be noted that neither the Apex Court nor the Tribunal's impugned judgment adjudicated that Home Guards should be treated at par with the Civil Police Officers.”

Background Facts

The Kerala Administrative Tribunal issued an order granting reliefs to the Home Guards in the State relying upon the decision in Grah Rakshak where the Apex Court 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. In that case, the Apex Court held that even though Home Guards were entitled to duty allowance as per the minimum amount of pay to which the police personnel in the State are entitled.

Based on the decision in Grah Rakshak, the Union government directed the State Government to revise pay. The State Government thus enhanced the pay of Home Guards from rupees seven fifty per day to seven eighty per day, subject to a maximum amount of rupees twenty-one thousand sixty rupees per month. Not satisfied with the enhancement, Home Guards approached the Tribunal.

The Tribunal granted the following reliefs, firstly, it held that Home Guards in the State are entitled to periodic wage revisions in tune with the pay revision orders periodically issued. Secondly, they are entitled to monthly wages equivalent to the minimum wages of Civil Police Officers. Challenging this, the State Government has now approached the High Court.

Observations

The Court noted that Kerala Home Guards Act, 1960 and Rules thereunder were enacted to use home Guards for emergency and other purposes including firefighting, rescue operations, traffic control and regulations in the State. The maximum number of Home Guards was limited to 3000 in the State. It noted that Home Guards were presently engaged on a daily wage basis in the State. The Court further noted that Home Guards were entitled to a stipend for each day of duty and were not eligible for any other allowances like TA/DA etc, except for allowance for uniforms.

The Court stated that the Apex Court in Grah Rakshak has not adjudicated that Home Guards shall be treated at par with Police Constables or Civil Police Officers. It said, “The principle of “equal pay for equal work” was not decided by the Apex Court in the above judgment. We are of the view that the Tribunal misread the ratio in the above case and went on to hold that the Home Guards shall be treated at par with the Civil Police Officers in the State.”

The Court thus stated the Tribunal should not have granted such reliefs in the absence of a declaration by the Apex Court in Grah Rakshak that Home Guards shall be treated at par with Civil Police Officers.

“The judgment of the Apex Court is binding nationwide and to cite a judgment as binding, the ratio of that said judgment will have to be considered. The Apex Court had not declared in Grah Rakshak case (supra), that Home Guards shall be treated at par with Civil Police Officers. In the absence of any such declaration by the Apex Court, the Tribunal could not have made such a ruling declared so”

The Court found that the State Government has already revised the Home Guards' pay and daily wages as per the Union Government's directions pursuant to the Apex Court decision in the Grah Rakshak case.

The Court further noted that the Home Guards have no claim that they are paid far below the minimum wages paid to Police Constables. However, the Court added that the State is bound to revise the daily wages paid to Home Guards at par with these minimum wages when there is an increase in the minimum wages payable to the Police personnel.

Counsel for Appellant: Senior Government Pleader A J Varghese

Counsel for Respondents: Advocates Jinson Ouseph, S.Vijayan, V.Prince Dev, C.Rajeswara Kumar, Chitra Vijayan, Basil Mechery, Nimisha George, Amalendu N.S.

Citation: 2024 LiveLaw (Ker) 387

Case Title: State of Kerala v Ajayakumar V

Case Number: OP(KAT) NO. 557 OF 2023

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