GRAH RAKSHAK, HOME GUARDS WEL. ASSO versus STATE OF H.P. & ORS.

Citation: [2015] 2 S.C.R. 800 · Decided: 11-03-2015 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

(2015] 2 S.C.R. 800 
GRAH RAKSHAK, HOME GUARDS WEL. ASSO. 
A 
v. 
STATE OF H.P. & ORS. 
(Civil Appeal No. 2759 of 2015) 
MARCH 11, 2015. 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
B 
N. V. RAMANA, JJ.] 
C 
Service law - Regularisation - Home Guards of States of 
Himachal Pradesh, Punjab and N. C. T of Delhi -
Regularization of.service - Entitlement for - Plea .of the 
appellants that since they are working as Home Guards D 
without any break for about 10-30 years, their services to be 
regularised - Held: Home Guards have been appointed as 
volunteers Home Guards under the Act- They are paid duty 
allowance and other allowances - There are no details about 
continuity of service, month to month basis or year to year E 
basis -As and when there is requirement they were called 
for duty and otherwise they remain in their homes...: As such 
the duties and responsibilities performed by them. through 
out the year cannot be equated with that of police personnel 
- Thus, appellants not entitled to regularization of service F 
nor can be granted regular appointments - However, since 
the 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, the State G 
Government to pay them the duty allowance at the rates 
specified - Himachal Pradesh Home Guards ACt, 1968 "': 
Bombay Home Guards Act, 1947- Punjab Home GuJifdS 
Act, 1947- Delhi Home Guards Rules, 1959. 
800 
I 
H 
801 
SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A 
Disposing of the appeals, the Court 
HELD: 1.1 Though some of the Home Guards 
(Grah Rakshak) produced their appointment letters to 
show that they are serving as Platoon Havaldar for 1 Oto 
B 28 years, they"have been enrolled and there is no 
appointment on regular basis. They have never been 
paid salary/wages and there is no provision to make any 
payment of salary/wages other than the duty allowance 
and other allowances. In the Form filled up by the Home 
C Guards volunteers of each State, the Home Guards have 
specifically mentioned that they undertake to serve as a 
member of the Home Guards at any time and place in 
India if they are called out for training or duty. This is 
evident from the Form I of Himachal Pradesh Home 
D Guards Act, 1968 which shows that they are entitled for 
temporary allowance and in case of injury sustained or 
disability occurred during the duty they are entitled for 
disabi.lity pension. Similar is the case of Bombay Home 
E Guards, who have been appointed as volunteers Home 
Guards under the Act. They also have given declaration 
that they have volunteered as a member of the Home 
Guard. The Home Guards of N.C.T. of Delhi also have 
been appointed to the organization which is volunteer 
F body under the Act. The provision makes it clear that 
Chief Commissioner of Delhi only engage volunteers in 
the Home Guards. The Home Guards being volunteer 
body in the N.C.T. of Delhi, the appellants-Home Guards 
of Delhi cannot be claimed to be regular appointees. 
G [Para 17, 18, 19, 20] [832-E-H; 833-A-D] 
H 
1.2 It is not the case of the State Government that 
enrollment/appointments of the Home Guards were 
backdoor engagement and illegal made in violation of 
.GRAH RAKSHAK, HOME GUARDS WEL. ASSO. 
802 
v. STATE OF H. P. 
Articles 14 and 16 of the Constitution of India. Therefore, A 
the decision of this Court in Umadevi(3) is not applicable 
in the case of the appellants-Home Guards. Admittedly, 
there is no concept of wages. These volunteers are paid 
duty allowance and other allowances to which they are 
entitled. There is nothing on the record to suggest that B 
they performed duties through out the year. On the other 
hand, it is the specific case of the State that as and when 
there is requirement they were called for duty and 
otherwise they remained in their homes. Therefore, in C 
absence of any details about continuity of service, 
month to month basis or year to year basis, the duties 
and responsibilities performed by them through out the 
year can neither be equated with that of police 
personnel. [Para 21] [833-E-H] 
o 
1.3 No relief can be granted to the appellants either 
regularization of services or grant of regular 
appointments thus, no interference is called for against 
the judgments passed by the Himachal Pradesh, Punjab E 
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 tim

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