Punjab and Haryana High Court Mandates Regularization of Long-Serving Home Guards

Court Orders Regularization and Compensation for Home Guards Classified as "Volunteers" Despite Decades of Full-Time Service

In a landmark judgment dated October 9, 2025, the Punjab and Haryana High Court, presided over by Justice Jagmohan Bansal, has ordered the regularization of long-serving members of the Home Guard in Punjab who have been performing full-time duties for decades. The petitioners, including Hardev Singh, who served from 1992 to 2025, were initially recruited as "volunteers" but engaged in continuous service akin to regular employment.

The court found that the state's classification of these individuals as volunteers was a misuse of the concept of volunteerism, as they were performing duties year-round without interruption and receiving a minimum salary equivalent to that of regular employees. Justice Bansal highlighted that these individuals were subjected to recruitment procedures, including character verification and medical examinations, and fulfilled essential roles such as drivers and gunmen, which precluded them from undertaking other employment.

Rejecting the State's argument based on the voluntary nature of Home Guards under the Punjab Home Guards Act, 1947, and related rules, the court emphasized that the petitioners had effectively been serving as full-time employees. The court also referenced the Supreme Court's decision in "Uma Devi" and other relevant cases, underscoring that prolonged service without regularization constitutes exploitation.

The judgment directs the State to pay a lump sum of Rs. 5,00,000 to petitioner Hardev Singh, who retired without receiving benefits like gratuity or pension due to his non-regularized status. It further mandates the regularization of Gurpal Singh, another petitioner still in service, within six months, failing which he will be deemed regularized automatically.

The court expressed concerns about the potential for numerous similar petitions and urged the State to formulate a policy addressing the regularization of Home Guards who have served continuously for decades.

Bottom Line:

Regularization of Home Guards who have worked continuously for decades without interruption and performed duties akin to full-time employment, despite being termed as "volunteers," deserves fair treatment and cannot be denied solely based on their classification as volunteers.

Statutory provision(s): Articles 226/227 of the Constitution of India, Punjab Home Guards Act, 1947, Punjab Home Guard Rules, 1963

Hardev Singh v. State of Punjab, (Punjab and Haryana) : Law Finder Doc Id # 2795521