State's refusal to comply with Supreme Court directive deemed arbitrary and violative of constitutional rights.
In a significant ruling, the Gujarat High Court has directed the State government to increase the daily allowance of Home Guards to match the minimum pay received by police personnel. The order comes in response to a petition filed by Rajeshbhai Maheshbhai Jani and others, which challenged the state's refusal to comply with a Supreme Court directive aimed at ensuring parity in pay between Home Guards and police personnel.
The case, heard by Justice Maulik J. Shelat, centered around the refusal of the State of Gujarat to increase the daily allowance of Home Guards despite a clear directive from the Supreme Court in the case of Grah Rakshak, Home Guards Welfare Association v. State of Himachal Pradesh. The directive, issued in 2015, mandated that Home Guards should receive a duty allowance equivalent to the minimum pay of police personnel, calculated on a monthly basis.
The petitioners argued that the current daily allowance of Rs. 450, increased from Rs. 300 in 2022, was grossly inadequate and did not meet the minimum pay scale of police personnel. They also highlighted a 2020 communication from the Ministry of Home Affairs, which urged states to implement the Supreme Court's directive by April 30, 2020.
The State's defense, as presented by Ms. Dhruti Pandya, Assistant Government Pleader, was that Home Guards' services were voluntary and thus did not warrant pay parity with regular police personnel. The State also cited a pending review petition filed by the Union of India against the Supreme Court's decision. However, it was revealed during the proceedings that this review petition had already been dismissed.
Justice Shelat, in his judgment, emphasized the arbitrariness of the State's refusal to comply with the directive. He noted that fairness in state action is a cornerstone of Article 14 of the Indian Constitution, which prohibits arbitrary discrimination. The court highlighted that the State's actions must align with the directives issued by the Supreme Court and the Government of India.
The court's order requires the State to revise the daily allowance of Home Guards to match the minimum pay scale of police personnel, with a deadline for compliance set within one month. This ruling is expected to have a significant impact on the welfare of Home Guards, ensuring they receive fair compensation for their services.
The ruling underscores the judiciary's role in upholding constitutional rights and ensuring compliance with higher court directives, reiterating the importance of non-arbitrariness in state actions.
Bottom Line:
Home Guards cannot be denied minimum pay equivalent to police personnel as directed by the Supreme Court of India.
Statutory provision(s): Article 14 of the Constitution of India
Rajeshbhai Maheshbhai Jani v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2863938
