Gujarat High Court Mandates Pay Hike for Home Guards, Slams State Government's 'Tyranny'
In a landmark ruling, the Gujarat High Court has issued a directive compelling the state government to substantially increase the daily allowance for home guards. The court ordered that the current rate of Rs 450 per day be raised to align with the minimum salary received by police constables in the state.
Court Condemns State's 'Arbitrary' Stance on Home Guards' Compensation
The High Court delivered a scathing critique of the Gujarat government's persistent reluctance to enhance the financial remuneration for home guards. Justice Maulik Shelat, presiding over the case, characterized the state's approach as "nothing but a tyranny of the state." The court further denounced the government's adamant refusal to review the daily allowance, labeling it as "arbitrariness on part of the state, who is otherwise considered a ‘model employer'."
Background of the Legal Petition and Judicial Proceedings
This judicial intervention stems from a petition filed by home guards in 2020, which sought the regularization of their services, including standard salaries, allowances, and a fixed retirement age of 58 years. While Justice Shelat dismissed the broader demand for 'equal pay for equal work' in comparison to police personnel last month, the court has now mandated a specific increase in the daily allowance within a one-month timeframe.
The High Court meticulously considered the Supreme Court's previous directives, which urged all state governments to contemplate raising allowances for home guards. The Gujarat HC also noted the apex court's rejection of the central government's review petition on this matter. Consequently, the court rebuffed the state government's argument that it would pursue an independent review in the Supreme Court.
Court's Rationale and Directives on Allowance Adjustment
In its detailed order, the High Court emphasized that the state government cannot disregard directives issued by the Government of India or show disrespect for the Supreme Court's instructions unless they are formally modified by the apex court itself. Justice Shelat articulated, "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."
Currently, police constables in Gujarat receive a minimum monthly salary ranging from Rs 21,000 to Rs 25,000. The High Court highlighted that the total monthly payment provided to home guards is significantly lower than this range, underscoring the necessity for the adjustment.
Additional Benefits Do Not Justify Low Compensation
The court acknowledged that the state government offers certain other benefits and reliefs to home guards, such as death compensation. However, it firmly stated that these provisions do not justify exploiting the services of home guards by maintaining a substandard daily allowance. The ruling aims to ensure fair compensation for the critical services rendered by home guards across the state.
This decision marks a significant step towards addressing the financial disparities faced by home guards in Gujarat, aligning their compensation more closely with that of police personnel and reinforcing the principle of equitable treatment for all public servants.
