Supreme Court Directs Equal Pay for Home Guards Based on Police Personnel Pay Scale: Prakash Kumar Jena & Ors. vs. State of Odisha & Ors. (2023) INSC 254

Date of the Judgment: March 17, 2023
Citation: (2023) INSC 254
Judges: M. R. Shah, J., M.M. Sundresh, J.

Can Home Guards, who perform duties similar to police personnel, be paid less than the minimum pay scale of police constables? The Supreme Court of India recently addressed this question, ruling that Home Guards are entitled to a Duty Call-up Allowance (DCA) equivalent to the minimum pay of state police personnel. This decision impacts the financial compensation for Home Guards in the State of Odisha.

Case Background

The case involves Home Guards in Odisha who sought pay parity with police constables. They argued that they should receive a Duty Call-up Allowance (DCA) equivalent to the minimum pay of police personnel, as per the Supreme Court’s earlier ruling in Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh. The Home Guards had been working for 10 to 15 years and were seeking implementation of the 7th Pay Commission recommendations, which had been given to their counterparts in other states.

Initially, the Director General of Police in Orissa recommended a minimum daily wage of Rs. 533 for Home Guards, aligning with the lowest rank of police personnel since November 10, 2016. The Single Judge of the High Court ordered the state to implement this recommendation. However, the state appealed, leading to the current Supreme Court case.

Timeline

Course of Proceedings

The original writ petitioners, who were Home Guards, filed a writ petition before the Single Judge of the High Court of Orissa, seeking a direction to the State to disburse their salary as per the Supreme Court’s directives in Grah Rakshak. The Single Judge allowed the writ petition, directing the State to implement the recommendations of the Director General (Fire Service, Home Guards, Civil Defense), Orissa, which suggested a minimum of Rs. 533 per day. The State was also directed to consider the increase in pay of Constables as per the 7th Pay Commission.

The State of Orissa appealed this decision to a Division Bench of the High Court. The Division Bench largely upheld the Single Judge’s order but restricted the payment of Rs. 533 per day to Home Guards from January 2020, instead of November 10, 2016, as initially directed. Both the Home Guards and the State of Orissa then appealed to the Supreme Court.

Legal Framework

The primary legal framework for this case is based on the interpretation of the Supreme Court’s judgment in Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh [(2015) 6 SCC 247], which directed that Home Guards should be paid a duty allowance equivalent to the minimum pay of state police personnel. The Supreme Court further clarified this order in Contempt Petition (C) Nos. 699-700 of 2015, stating that “minimum of the pay” would mean basic pay + grade pay + dearness allowance + washing allowance.

The Odisha Group-C & Group-D (Contractual Appointment) Rules, 2013, were also relevant, as the State argued that the Home Guards should be paid similar to the entry-level contractual constables under these rules.

Arguments

The State of Orissa argued that the High Court erred in directing the State to pay Rs. 533 per day as Duty Call-up Allowance (DCA) to the Home Guards. The State contended that this amount would be more than what is paid to constables at the entry level recruited under the Odisha Group-C & Group-D (Contractual Appointment) Rules, 2013.

• The State submitted that, as per the 6th Pay Commission, constables at the entry level received Rs. 7,200 per month, and therefore, Home Guards were entitled to Rs. 240 per day as DCA.
• After the 7th Pay Commission, the pay of police constables at the entry level was revised to a consolidated remuneration of Rs. 9,000 per month. Accordingly, the payment to Home Guards was revised to Rs. 300 per day, along with a Rs. 25 monthly washing allowance.
• The State argued that the recommendations of the Director General were not binding and did not consider the actual remuneration of constables at the entry level under the 2013 Rules. The recommendations were based on comparative daily allowances of Home Guards in other states.
• The State further contended that paying Home Guards Rs. 533 per day would create an anomaly, as they would earn more than constables at the entry level (Rs. 9,000 per month), which goes against the spirit of the Supreme Court’s judgment in Grah Rakshak.
• The State also highlighted the financial burden, noting that there are 16,894 Home Guards in the state.

The Home Guards, on the other hand, argued that the High Court’s direction to pay DCA at Rs. 533 per day was in line with the Supreme Court’s judgment in Grah Rakshak and its subsequent clarification.

• The Home Guards contended that the Supreme Court had directed all state governments to pay them DCA at a rate that, for 30 days, would amount to the minimum pay of the state’s police personnel.
• They emphasized that the clarification meant basic pay + grade pay + dearness allowance + washing allowance, calculated daily.
• They pointed out that the Government of India had requested all states to comply with the judgment. Many states had already complied, except for Odisha.
• The Home Guards cited the Director General’s recommendation from 2016 to pay a minimum of Rs. 533 per day, based on the remuneration of constables in the lowest rank.
• The Home Guards argued that the constables appointed under the 2013 Rules are initially on a contractual basis and are made permanent after a few years. The Home Guards’ plea for regular appointment had been declined, so they should be paid the minimum of the pay scale of a regularly appointed constable.
• They submitted that all other states except Odisha have complied with the directions issued by the Supreme Court in the case of Grah Rakshak.
• The Home Guards also argued that the High Court erred in restricting the benefit of DCA at Rs. 533 per day from January 2020, as the Supreme Court’s judgment was passed in 2015, and the Director General had recommended the rate in 2016.

Issues Framed by the Supreme Court

The Supreme Court addressed the following key issues:

1. Whether the Home Guards working in the State are entitled to DCA/Duty Allowance as per the minimum of the pay to which the Police personnel of the State are entitled?
2. From which date the Home Guards are entitled to the DCA at Rs.533/- per day?

Treatment of the Issue by the Court

Authorities

The Supreme Court considered the following authorities:

Judgment

The Supreme Court considered the following authorities and their impact:

• Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh [(2015) 6 SCC 247]: *The Court relied on this judgment, which directed that Home Guards should be paid a duty allowance equivalent to the minimum pay of state police personnel.*
• Contempt Petition (C) Nos. 699-700 of 2015: *The Court referred to its clarificatory order, which defined “minimum of the pay” as basic pay + grade pay + dearness allowance + washing allowance.*

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily driven by the need to ensure that Home Guards receive fair compensation for their services, as mandated by the earlier judgment in Grah Rakshak. The Court emphasized the importance of aligning the DCA of Home Guards with the minimum pay of police personnel, as they perform similar duties and are empowered with police powers during their duty.

The Court also considered the financial implications for the State of Odisha. While acknowledging the significant financial burden of paying Rs. 533 per day from 10.11.2016, the Court balanced this concern by restricting the payment of arrears from the date of filing of the writ petition before the Single Judge, i.e. 01.06.2018.

Logical Reasoning

The Court considered alternative interpretations, such as the State’s argument that Home Guards should be paid based on the contractual pay of entry-level constables. However, this was rejected because it was contrary to the directions issued by the Supreme Court in the case of Grah Rakshak. The Court also considered the financial implications for the State of Odisha, which led to the modification of the date of implementation of the DCA at Rs. 533 per day.

The Supreme Court’s decision was clear: Home Guards are entitled to a DCA equivalent to the minimum pay of state police personnel, including basic pay, grade pay, dearness allowance, and washing allowance. The decision was made to ensure fair compensation for the Home Guards who perform similar duties as police personnel.

The Court stated, “In view of the discussion made above, no relief can be granted to the appellants either regularization of services or grant of regular appointments hence no interference is called for against the judgments passed by the Himachal Pradesh, Punjab and Delhi High Courts. 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.”

The Court also clarified, “So far as the present case is concerned, relief of regularization was declined, but this Court directed the payment of minimum of the pay which, as we have explained above, would mean basic pay + grade pay + dearness allowance + washing allowance. 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.”

The Court further observed, “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. The aforesaid stand would be just contrary to the directions issued by this Court in the case of Grah Rakshak (supra) and the subsequent further clarificatory order.”

Key Takeaways

• Home Guards are entitled to a Duty Call-up Allowance (DCA) equivalent to the minimum pay of state police personnel.
• The DCA includes basic pay, grade pay, dearness allowance, and washing allowance.
• The DCA is to be calculated on a daily basis, not monthly.
• The State of Odisha is required to pay the DCA at Rs. 533 per day to Home Guards from 01.06.2018.
• Home Guards are entitled to periodical increases in their DCA, in line with the pay increases of state police personnel.

Directions

The Supreme Court directed that the arrears of DCA at the rate of Rs. 533 per day should be paid from 01.06.2018 within a period of three months from the date of the judgment. The Court also directed that the DCA should be periodically increased, taking into consideration the minimum pay of police personnel and periodical increases.

Development of Law

The ratio decidendi of this case is that Home Guards are entitled to a Duty Call-up Allowance (DCA) equivalent to the minimum pay of state police personnel, including basic pay, grade pay, dearness allowance, and washing allowance, calculated daily. This decision reinforces the principle established in Grah Rakshak and clarifies the method of calculation. There is no change in the previous position of law, but it clarifies the implementation of the previous ruling.

Conclusion

The Supreme Court’s judgment in Prakash Kumar Jena & Ors. vs. State of Odisha & Ors. reaffirms the principle of equal pay for equal work, ensuring that Home Guards receive a fair Duty Call-up Allowance (DCA) that is aligned with the minimum pay of state police personnel. This decision provides clarity and direction for the State of Odisha and serves as a reminder of the importance of implementing judicial orders promptly and fairly.