No.319 of 2020 is treated as lead matter and the facts arising out of the said W.A.No.319 of 2020 are narrated, which are as under: – 2.1 That the original writ petitioners all are / were working as Home Guards for more than 10 to 15 years under the Home Department of the State of Orissa. The learned Single Judge following the decision of this Court in the case of Grah Rakshak (supra) allowed the said writ petition directing the State Government to implement the recommendations of the Director General (Fire Service, Home Guards, Civil Defense), Orissa in respect of the Home Guards in the State of Orissa as per the decision of this Court in the case of Grah Rakshak (supra). Therefore, the learned Single Judge while granting one month time to the State Government to implement the said recommendation directed that the Home Guards in the State of Orissa pending decision under final fitment be paid provisionally at the minimum Rs.500/- from January, 2020, subject to the final decision of the Government of Orissa on implementation of the recommendation of the Director General. 3 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court in W.A.No.319 of 2020, the original writ petitioners – Home Guards as well as the State of Orissa have preferred the present appeals.
It is submitted that however, after the 7 Pay Commission, the pay of Police Constable at entry level was revised to a consolidated remuneration of Rs.9,000/- per month as against Rs.7,200/- per month. 2
It is further submitted that even the High Court has : 6 : materially erred in taking into consideration the recommendations made by the Director General, as apart from the fact that the recommendations made by the Director General were not binding on the State Government, the Director General had also not taken into consideration the remuneration of the Constables at entry level appointed under Rule 2013. 4 It is further submitted by the learned counsel appearing on behalf of the State that the High Court has also failed to appreciate that presently 16894 numbers of Home Guards are working in the State and therefore if the Home Guards working in the State are paid salary as per the directions issued by the learned Single Judge modified by the Division Bench, in that case, a huge financial burden would be fastened upon the State.
While opposing the present appeals preferred by the : 8 : State, the learned counsel appearing on behalf of the respective Home Guards/ original writ petitioners / applicants have vehemently submitted that the direction issued by the learned Single Judge affirmed by the Division Bench of the High Court directing the State to pay DCA at Rs.533/- per day is absolutely in consonance with the judgment of this Court in the case of Grah Rakshak (supra) and the subsequent clarificatory order. It is submitted that this Court also further clarified that the pay that is given to the Home Guards will not be on a monthly basis but will be calculated with reference to each day of work put in by the Home Guards.
3 Learned counsel appearing on behalf of the respective Home Guards have prayed to consider the following facts: (i) This Hon’ble Court had in the judgment dated 11.03.2015 passed in the matter of Grah Rakshak, Home Guards Welfare Association vs State of Himachal Pradesh directed payment of such DCA preferably within three months; (ii) The Government of India, Ministry of Home Affairs as early as on 16.09.2016 had requested the Chief Secretaries of all States and Union Territories to issue necessary directions for compliance of the aforesaid judgment; (iii) The Government of India, Ministry of Home Affairs wrote letter dated 5.10.2016 to the Secretary, Home Department, Government of Orissa for taking appropriate action regarding the complaint of Petitioner No.1 about disobedience of the order : 11 : passed by this Hon’ble Court regarding payment of salary to Home Guards; (iv) the Directorate General (Fire Service, Home Guards, Civil Defence) Odisha, in light of the judgment dated 11.03.2015 passed by the Hon’ble Supreme Court in the matter of Grah Rakshak, Home Guards Welfare Association vs State of Himachal Pradesh and judgment dated 04.05.2016 passed in Contempt Petition (C) No.699-700 of 2015, issued a recommendation to Principal Secretary to Government of Odisha, Home Department i.e.
4 It is further submitted by learned counsel appearing on behalf of original writ petitioners/ applicants/ Home Guards that the submission on behalf of the State that : 13 : the Constables in the State at the entry level recruited as per Rule 2013 were getting Rs.7,200/- per month as per 6 Pay Commission and thereafter at the rate of Rs.9,000/- per month after the 7 Pay Commission recommendations and therefore, the Home Guards shall be entitled to the same consolidated remuneration of Rs.9,000/- per month is concerned, it is submitted that said submission is absolutely misplaced.
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It is submitted that therefore all the Home Guards working in the State of Orissa are entitled to similar benefits which are being paid to the Home Guards in other States. Thereafter, the Government of India, : 15 : Ministry of Home Affairs as early as on 16.09.2016 requested the Chief Secretaries of all the States and Union Territories to issue necessary directions for compliance of the judgment and order of this Court in the case of Grah Rakshak (supra). It is submitted that therefore the learned Single Judge was justified in directing to pay DCA at Rs.533/- per day with effect from 10.11.2016.
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, 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) comes to minimum of the pay to which the police personnel of State are entitled. However, we make it clear that the pay that is given to the petitioners will not be on a monthly basis, but will be calculated with reference to each day of work put in by the petitioners.” 2 Thereafter, Government of India, Ministry of Home Affairs vide communication dated 16.09.2016 requested Chief Secretaries of all the States and Union Territories to issue necessary directions for compliance of the judgment of this Court in the case of Grah Rakshak (supra) and : 18 : further clarificatory order. That thereafter in the recommendation dated 10.11.2016, Director General (Fire Service, Home Guards, Civil Defence)
Orissa recommended to pay to the Home Guards in the State of Orissa, DCA at Rs.533/- per day as per minimum of the pay to which the Police personnel of the State were entitled. which is evident from the following chart: : 20 : : 21 :
Therefore, the State of Orissa cannot be permitted to now submit 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. Now, so far as the appeals preferred by the original writ petitioners against the impugned judgment and order passed by the Division Bench of the High Court restricting the benefit of DCA at Rs.533/- per day from January, 2020, is concerned, at the outset it is required : 22 : to be noted that no cogent reasons have been assigned by the Division Bench of the High Court to restrict the benefit of Rs.533/- per day from January, 2020 instead of 10.11.2016.
However, at the same time considering the fact that there were 17765 Home Guards working and even as observed by the Commander General / Director General in its recommendation dated 10.11.2016, there will be a : 23 : financial implication of Rs.51,78,775/- on the Government per day towards payment of DCA at Rs.293/- per day (Rs.533 – Rs.240) and the annual financial implication would come to Rs.189 Crores if they are engaged 365 days a year and taking into consideration such a huge financial burden, we restrict the benefit of DCA at Rs.533/- per day from the date of filing of the writ petition before the learned Single Judge which would be from 01.06.2018.
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It goes without saying that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time. (M.M.
Case Title: PRAKASH KUMAR JENA Vs. THE STATE OF ODISHA (2023 INSC 254)
Case Number: C.A. No.-008836-008836 / 2022
