PRAKASH KUMAR JENA & ORS. versus THE STATE OF ODISHA & ORS.

Citation: [2023] 5 S.C.R. 490 · Decided: 17-03-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off

cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
490
SUPREME COURT REPORTS
[2023] 5 S.C.R.
PRAKASH KUMAR JENA & ORS.
v.
THE STATE OF ODISHA & ORS.
(Civil Appeal No. 8836 of 2022)
MARCH 17, 2023
[M. R. SHAH AND M. M. SUNDRESH, JJ.]
Service Law – Home Guards – Disbursal of salary – Writ
petition was filed by original writ petitioners, who were working as
Home Guards for more than 10 to 15 years, seeking disbursal of
their salary as per direction of the Supreme Court in Grah Rakshak,
Home Guards Welfare Association vs. State of Himachal Pradesh and
others – Division Bench of the High Court restricted the payment at
the rate of Rs.533/- per day to the Home Guards from January,
2020, instead of 10.11.2016, as directed by the Single Judge of the
High Court – On appeal, held: The State cannot be permitted to
submit that as contractual Constables appointed under Rule 2013
are being paid a fixed lump sum amount at the entry level, the Home
Guards after rendering 10 to 15 years of service also shall be entitled
to the same fixed salary and the aforesaid stand would be just
contrary to the directions issued by Supreme Court in the case of
Grah Rakshak – The High Court has rightly directed to pay the DCA
at Rs.533 per day – So far as restricting the benefit of DCA at
Rs.533/- per day from January, 2020 is concerned, no cogent
reasons were assigned by the Division Bench of the High Court to
restrict the benefit of Rs.533/- per day from January, 2020 instead
of 10.11.2016 – Director General had recommended on 10.11.2016
to pay DCA at Rs.533/- per day which was in consonance with the
decision of Supreme Court in the case of Grah Rakshak – Taking
into consideration the huge financial burden on the State, the benefit
of DCA at Rs.533/- per day would be from the date of filing of the
writ petition before the Single Judge i.e. from 01.06.2018 – Odisha
Group-C & Group-D (Contractual Appointment) Rules 2013.
Disposing of the appeals, the Court
HELD: 1. The State of Orissa cannot be permitted to now
submit that as contractual Constables appointed under Odisha
[2023] 5 S.C.R. 490
490
A
B
C
D
E
F
G
H
491
Group-C & Group-D (Contractual Appointment) Rules 2013 are
being paid a fixed lump sum amount at the entry level, the Home
Guards after rendering 10 to 15 years of service also shall be
entitled to the same fixed salary. The aforesaid stand would be
just contrary to the directions issued by this Court in the case of
Grah Rakshak and the subsequent further clarificatory order.
Under the circumstances, the High Court has rightly directed to
pay the DCA at Rs.533/- per day. As such the Court is in complete
agreement with the view taken by the learned Single Judge as
well as the Division Bench of the High Court. Therefore, the
appeals preferred by the State to that extent deserve dismissal.
[Para 6.3][501-E-G]
2. Now, so far as the appeals preferred by the original writ
petitioners against the impugned judgment and order passed by
the Division Bench of the High Court restricting the benefit of
DCA at Rs.533/- per day from January, 2020, is concerned, at the
outset it is required to be noted that no cogent reasons have
been assigned by the Division Bench of the High Court to restrict
the benefit of Rs.533/- per day from January, 2020 instead of
10.11.2016. Even otherwise, it is required to be noted that this
Court as such delivered judgment in the case of Grah Rakshak
as far back in the month of March, 2015 and a further clarificatory
order was passed on 04.05.2016. Even thereafter the Director
General recommended on 10.11.2016 to pay DCA at Rs.533/-
per day which was in consonance with the decision of this Court
in the case of Grah Rakshak and the subsequent clarificatory order
dated 04.05.2016. Therefore, the Division Bench of the High
Court is not justified in restricting the benefit of the DCA at
Rs.533/- per day from January, 2020. However, at the same time
considering the fact that there were 17765 Home Guards working
and even as observed by the Commander General / Director
General in its recommendation dated 10.11.2016, there will be a
financial implication of Rs.51,78,775/- on the Government per
day towards payment of DCA at Rs.293/- per day (Rs.533 –
Rs.240) and the annual financial implication would come to Rs.189
Crores if they are engaged 365 days a year and taking into
consideration such a huge financial burden, the court directs to
PRAKASH KUMAR JENA & ORS. v. THE STATE OF ODISHA
& ORS.
A
B
C
D
E
F
G
H
492
SUPREME COURT REPORTS
[2023] 5 S.C.R.
restrict the benefit

Excerpt shown. Read the full judgment & AI analysis in Lexace.