State Is Bound To Revise Daily Wages Of Home Guards At Par With Minimum Wages Of Police Personnel: Kerala HC
The Kerala High Court observed that the State is bound to revise the daily wages of the Home Guards at par with the increase in the minimum wages payable to the Police personnel.
The Court observed thus in an original petition preferred by the State being aggrieved by the direction of the Tribunal in an application filed by Home Guards.
A Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen held, “… we make it clear that when there is an increase in the minimum wages payable to the minimum pay of the Police personnel, the State is bound to revise the daily wages payable to the Home Guards at par with such minimum wages.”
Senior Government Pleader A.J. Varghese represented the petitioners while Advocate Jinson Ouseph represented the respondents.
Factual Background -
The respondents i.e., the Home Guards working in the State, challenged a government order repelling the request for parity in pay with that of Police Constable in the light of the judgment of the Apex Court in the case of Home Guards Welfare Assn. v. State of H.P. [(2015) 6 SCC 247], in short, the ‘Grah Rakshak case’. The Tribunal granted the following reliefs –
i. Home Guards in the State are entitled to periodical revision of wages in tune with the pay revision orders issued from time to time.
ii. Home Guards are entitled for monthly wages equal to the minimum wage of the scale of pay attached to the post of Civil Police Officer.
The Home Guards were engaged on a daily wage basis and the State enacted the Kerala Home Guards Act, 1960 for use in emergencies and for other purposes in the State. The Government also established Home Guard Rules to regulate the engagement of Home Guards. Based on such Act and Rules, the Government issued an order in 2009, implementing a scheme for the engagement of Home Guards. The Union Government in view of the directions issued in the Grah Rakshak case by the Supreme Court, directed the State Government to revise the pay and hence, the pay was enhanced from Rs. 750/- to 780/- per day. Being unsatisfied with such enhancement, the respondents raised a representation and the Tribunal directed to consider the same. However, the Government opined that there was no further scope for revision and hence, this decision was challenged before the Tribunal which passed the impugned order.
The High Court after hearing the contentions of the counsel noted, “We have noted the pleadings and prayers in the original petition. It appears that the respondents Home Guards are claiming a scale of pay at par with the Police Constables. The Government by an order dated 11/2/2021 fixed the daily wages of Home Guards at Rs.780/- per day and maximum payable in a month at Rs.21,060/-. That means, the Government has revised the pay and daily wages of the Home Guards. The Government while passing the order dated 2/2/2019, produced as Annexure A7, originally fixed daily wages as Rs.750/- per day with a maximum of Rs.21,000/-, taking note of the judgment in Grah Rakshak case (supra) subsequently it was increased to an amount of Rs.780/- per day to the maximum of Rs.21,060/-, as per government order dated 11/2/2021.”
The Court added that in the absence of a claim that this is at par below the minimum wages paid to Police Constables, there is no scope for issuing a direction by the Tribunal.
“The direction in the impugned judgment to revise the daily wages payable to Home Guards based on pay revision order has to be understood as to mean that, when minimum pay to the Police personnel has been increased wherein such persons have also been affected in regard to the daily wages paid to the Home Guards”, it said.
Accordingly, the High Court disposed of the original petition and set aside the second impugned part of the judgment directing the Government to pay wages at par with the Civil Police Officer.
Cause Title- State of Kerala & Ors. v. Ajayakumar V & Ors. (Neutral Citation: 2024:KER:45493)
Appearance:
Petitioners: Sr. Government Pleader A.J. Varghese
Respondents: Advocates Jinson Ouseph, S. Vijayan, V. Prince Dev, C. Rajeswara Kumar, Chitra Vijayan, Basil Mechery, Nimisha George, and Amalendu N.S.
