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Judgment
The present appeal has been filed by the appellants against
the common judgment dated 12.3.2015 passed by the learned
Single Judge in SBCWP No.4663/2012, wherein following reliefs
are prayed by the appellants:
"It is, therefore, humbly prayed that this appeal may kindly be allowed and the judgment/order dated 12.03.2015 modified vide order dated 4.7.2015 passed by the learned Single Judge, may kindly be modified by holding that:
(a) The respondents may kindly be directed to dispense with the policy of rotation/calling off duties of home guards by deploying the petitioners throughout the period for which the provide services as home guards. (b) The respondents may kindly be directed to pay the petitioners/appellants regular pay scale for the post of constable in the police department along with other admissible benefits and allowance on monthly basis at par with police constables with all consequential benefits. (c) That the cost of the litigation may kindly be awarded in favour of the appellants/petitioners (d) That any other appropriate writ or order or direction which is favourable to the petitioners/appellants in the facts and circumstances of the case may kindly be granted to the petitioners/appellants. "
Vide impugned order dated 12.3.2015, the learned Single
Jude while disposing of the writ petition held that no direction to
either regularize the services of the petitioners or grant of regular
appointment can be issued. However, it is observed that the
petitioners working in the Home Guard Department shall be
granted salary at the minimum of the pay prescribed for the post
of constable in the Police Department without any running pay
scale, allowance etc. and the said benefit shall be extended to the
petitioners w.e.f. 1.3.2015.It was also observed by the learned
Single Judge that the petitioners would be paid the aforesaid
amount with revision of basic pay, if any, in the corresponding
police department from time to time and the appropriate order to
the said effect will be passed within one month.
The State of Rajasthan also preferred several special appeals
including DBSAW NO.741/2016, listed today itself, wherein we
after hearing all the parties and after considering the adjudication
made by the Hon''ble Supreme Court in the case of case of Grah
Rakshak, Home Guards Welfare Association Vs. State of H.P. &
Ors. (Civil Appeal No.2759/2015) alongwith number of other civil
appeals, decided on 11.3.2015 wherein the Hon''ble Supreme
Court held that 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, but 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,
therefore, 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, partly allowed the special appeals filed by the State of
Rajasthan and the directions issued by the learned Single Judge
to allow the salary to the home guards working in the home guard
department at the minimum of the pay prescribed for the post of constable in the police department was quashed and set aside
being not sustainable in law but upon the facts 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, therefore, it is ordered 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 the State Government are entitled.
In view of the above, the special appeal filed by the
appellants is hereby dismissed.