Gujarat high court directs govt to increase home guards’ daily allowance to match minimum police pay
Ahmedabad: In an important order, the Gujarat high court directed the state govt to increase the daily allowance for home guards from the present Rs 450 to the minimum of the pay received by policemen.At present, police constables get minimum pay in the range from Rs 21,000 to Rs 25,000 per month, and the HC noted that the total monthly payment made to a home guard is much lower than this. On the state govt's reluctance to increase the payment, the HC said, "This is nothing but a tyranny of the state. As such, an adamant approach on the part of the state not even ready to review the daily allowance of home guards is nothing but an arbitrariness on part of the state, who is otherwise considered a ‘model employer'."
The direction came in response to a petition filed by home guards in 2020, demanding that their services be treated as regular, with regular salary and allowances, and with the retirement age fixed at 58 years. Justice Maulik Shelat, who last month dismissed the home guards' petition demanding ‘equal pay for equal work' in comparison with the policemen, directed an increase in home guards' daily allowance within one month.The HC took note of the Supreme Court's directions to all state govts to consider increasing home guards' allowances, and its rejection of the Centre's review petition. It also rejected the state govt's argument that it would seek an independent review in the apex court. It said, "The state cannot disregard the directives issued by the Govt of India or show disrespect for the directions issued by the Hon'ble Apex Court unless they are modified by the Hon'ble Apex Court itself. In my view, the state is required to increase the daily allowance from Rs 450 to an amount which would match with the minimum of the pay which police personnel are currently entitled to and or received by them."The HC further said, "It may be true that the state is providing some other benefits and relief to home guards, including death compensation, but that would not mean that the state should exploit the services of the home guards by paying a lower daily allowance."
The direction came in response to a petition filed by home guards in 2020, demanding that their services be treated as regular, with regular salary and allowances, and with the retirement age fixed at 58 years. Justice Maulik Shelat, who last month dismissed the home guards' petition demanding ‘equal pay for equal work' in comparison with the policemen, directed an increase in home guards' daily allowance within one month.The HC took note of the Supreme Court's directions to all state govts to consider increasing home guards' allowances, and its rejection of the Centre's review petition. It also rejected the state govt's argument that it would seek an independent review in the apex court. It said, "The state cannot disregard the directives issued by the Govt of India or show disrespect for the directions issued by the Hon'ble Apex Court unless they are modified by the Hon'ble Apex Court itself. In my view, the state is required to increase the daily allowance from Rs 450 to an amount which would match with the minimum of the pay which police personnel are currently entitled to and or received by them."The HC further said, "It may be true that the state is providing some other benefits and relief to home guards, including death compensation, but that would not mean that the state should exploit the services of the home guards by paying a lower daily allowance."
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