Manipur High Court
The Manipur Home Guards Employees ... vs The State Of Manipur Represented By The ... on 22 January, 2020
Equivalent citations: AIRONLINE 2020 MPR 26
Author: Mv Muralidaran
Bench: Mv Muralidaran
Page |1
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P.C No. 191 of 2018
The Manipur Home Guards Employees Welfare Association, a
Registered Society bearing Registration No.84M/ SR/1999
having its Registered Office at Porompat, Imphal East, Manipur
represented by its President Shri Y. Mangi Singh, aged about 66
years, s/o of (L) Y. Lukhoi Singh, resident of Luwangsangbam
Mayai Leikai, P.O. Mantripukhri & P.S. Heingang, District Imphal
East, Manipur.
... Petitioner
- Versus -
1. The State of Manipur represented by the Chief Secretary
Manipur.
2. The Addl. Chief Secretary/Principal Secretary/
Commissioner/Secretary (Home), Government of Manipur.
3. The Principal Secretary/Commissioner/Secretary(Finance),
Government of Manipur.
4. The Secretary (Law), Government of Manipur.
5. The Director General of Police-cum-Commandant General
(Home Guards), Manipur.
6. The Commandant, Home Guards (VA), Manipur.
... Principal Respondent
7. The Union of India, through its Secretary, Ministry of Home Affairs, Directorate General ( Fire Services, Civil Defence and Home Guards), Govt. Of India, East Block-VII, Level-7, R.K. Puram, New Delhi- 110066.
...Proforma Respondent W.P.(C) No.191 of 2018. Page 1 Page |2 B E F O R E HON'BLE MR. JUSTICE MV MURALIDARAN For the petitioner :: Mr. M. Hemchandra, Sr.Adv. For the respondents. :: Smt. Momota Oinam, addl. AG.
Date of hearing and
Reserved for order. :: 7.12.2019.
Date of judgment &
Order. :: 22.1.2020.
JUDGMENT & ORDER
(CAV)
[1] This petition has been filed by the petitioner Association to
quash the impugned order dated 12.02.2018 issued by the second respondent as the same is highly improper, illegal, arbitrary and non- application of mind and to direct the respondents to enhance the allowances of Manipur Home Guards personnel to a minimum pay entitled to a newly recruited police constable, in view of the judgment of the Hon'ble supreme court dated 11.3.2015 in civil Appeal No.2759 of 2015.
[2] The case of the petitioner Association is that Home Guards are utilized in the police department like the regular police force including Secretariat, Chief Minister's office and all office and other Bungalows of police officials and bureaucrats in Manipur. They are rendering 24 hours security service in the same manner as police constables. However, the Home Guards are paid only a small sum as duty allowances. Recently, these allowances has been increased to a W.P.(C) No.191 of 2018. Page 2 Page |3 sum of Rs.4,000/- per month with ration money of Rs.1000/- i.e. a sum of Rs.5000/- per month in total.
[3] It is averred that the Hon'ble Supreme Court in its judgment dated 11.3.2015 passed in civil Appeal No.2760 of 2015 directed the State Governments to pay the duty allowance of Home Guards equivalent to the minimum of pay to which the police personnel of the State are entitled. However, such benefits of fluty allowance are yet to be provided to the Home Guards personnel in Manipur. By the impugned order, the second respondent enhanced the existing allowances of Manipur Home Guards to Rs.7730/-, which is not in conformity with the directions of the Hon'ble supreme Court. Hence, the petitioner Association has approached this Court to quash the impugned order and to enhance the allowance of Manipur Home Guards to a minimum pay entitled to a newly recruited police constable. [4] Resisting the writ petition, the respondents 1 to 6 filed affidavit-in-opposition, affirmed on 15.5.2018, stating that the judgment of the Hon'ble Supreme Court dated 11.3.2015 is complied with in its letter spirit and the enhanced allowance provided for Manipur Home Guards as per the impugned order is in consonance of the minimum pay.
W.P.(C) No.191 of 2018. Page 3 Page |4 [5] The petitioner Association filed a rejoinder to the affidavit- in-opposition stating that in order to avoid the guilty of contempt, the second respondent hurriedly issued the impugned order, whereby enhanced the allowance to the Home Guards at Rs.7730/-, which is contrary to the judgment of the Hon'ble Supreme Court dated 11.3.2015 in Civil Appeal No.2759 of 2015.
[6] Respondent Nos.1 and 2 have filed separate affidavit-in- opposition, affirmed on 6.12.2019, stating that the remuneration of Home Guard Volunteers was initially paid by the State Government from State Budget and subsequently, it was reimbursed by Ministry of Home Affairs. The rate of reimbursement by Ministry of Home Affairs per Home Guard volunteer was also revised from time to time and at present the rate of reimbursement of a Home Guard volunteer is at Rs.6000/- per month. The authorized strength for deployment of Home Guard in Manipur is 670 and the remuneration paid to Home Guard volunteers is also revised by the State Government from time to time and at present a Home Guard volunteer is paid Rs.7730/- (Basic pay plus Grade pay) as is paid to all Government contract employees. [7] It is stated that the state Government is not in a position to pay the enhanced remuneration as per the letter of the Ministry of Home Affairs due to financial condition of the State and has requested W.P.(C) No.191 of 2018. Page 4 Page |5 the Ministry of Home Affairs for its concurrence to payment of minimum of pay based on scale of pay 5200-20200 plus 1900 GP amounting to Rs.18,689/- per month to a Home Guard volunteer and for reimbursement of the Same. According to respondents 1 and 2, reply in this regard is awaited from the Ministry of Home Affairs. It is also stated that the State Government will be able to pay the minimum pay as per the letter of the Ministry of Home Affairs, if the Ministry of Home Affairs is ready to reimburse the full amount for the total call out strength of Home Guard volunteers.
[8] Assailing the impugned order, the learned counsel for the petitioner submitted that the enhancement of Rs.7730/- made by the second respondent is highly improper and the same is not in conformity with the judgment of the Hon'ble Supreme Court dated 11.3.2015 and also in view of the 209th Report of the Department-Related Parliamentary Standing Committee on Home Affairs (Demands for Grants 2018-2019). He would submit that earlier the President of the petitioner Association and others have made a representation dated 8.4.2015 to the respondent authorities seeking enhancement of allowances. Since, the respondent authorities have not taken any action on the representation, they have filed W.P.(C) No.580 of 2015 before this Court and by an order dated 12.1.2017, this Court directed W.P.(C) No.191 of 2018. Page 5 Page |6 the respondents to consider the representation dated 8.4.2015 in terms of the direction of the Hon'ble Supreme Court, supra. [9] The learned counsel further submitted that since the respondents have failed to comply with the order of this Court dated 12.1.2017, the petitioners have filed Contempt Case No.84 of 2017. Facing with the contempt notice, the second respondent has passed the impugned order in a hurried manner and without application of mind, whereby enhancing the, allowances to Rs.7730/- per month. He would submit that the enhancement of allowances in respect of Manipur Home Guards personnel at Rs.7730/- is not in compliance with the minimum of pay as reflected in the judgment dated 11.3.2015. [10] Reiterating the plea taken in the affidavit-in-opposition, the learned counsel for the respondents submitted that the respondent State has already implemented the Hon'ble Supreme Court's direction and that the letter dated 11.4.2018 issued by the Ministry of Home Affairs, Government of India, is not binding on the State of Manipur. He would submit that the State Government has no objection if the Central Government is directed to provide funds for payment of Minimum Pay of Home Guards personnel as per its letter dated 11.4.2018, as the financial condition of the State is not sound. W.P.(C) No.191 of 2018. Page 6 Page |7 [11] I have considered the submissions made by learned counsel appearing on either side and also perused the materials available on record.
[12] The grievance of the petitioner Association is that by way of impugned order, the enhancement made by the second respondent qua the salary/allowances pertaining to the Home Guards is not in consonance with the judgment of the Hon'ble Supreme Court dated 11.3.2015 and therefore, the allowances of Manipur Home Guard personnel have to be enhanced as that of a newly recruited police constable in the State of Manipur.
[13] The Indian Home Guard is an Indian Paramilitary Force. In the Pre-independence period, the Home Guards were used in the service of assisting Civil Police. The Home Guard was originally raised in the erstwhile Bombay State in 1946. The same was a voluntary force and all along utilized as an auxiliary to the Indian police. The Home Guards Organisation was reorganized in India in 1962 after the Sino- Indian War with the People's Republic of China. The Home Guards are recruited from various sections of the Civil society in the age group of 18 - 50. Originally, the normal tenure of membership in Home Guards is 3 to 5 years. Now it becomes a regular service. W.P.(C) No.191 of 2018. Page 7 Page |8 [14] During the course of reorganization of Home Guards in 1962 in India, Home Guards are constituted in the then Union Territory of Manipur under the provisions of Bombay Home Guards Act, 1947. In the course of time, the said Bombay Home Guard Act, 1947 has been repealed and replaced by the Manipur Home Guards Act, 1966. As per Manipur Home Guards Act, Home Guard means a person who is appointed as such under the provisions of the Act. The same is a reserved Force trained for the due discharge of its functions/duties as assigned in accordance with the provisions of the Act. [15] The services of Home Guards are utilized in the Police Department like the regular Police Force and they are also utilized as Traffic Police on the street. They are also utilized as Security Guards in all the office including Civil/Secretariat, Chief Ministers, all Ministers office/Bunglows and other important Bunglows of all Civil/Police officials and bureaucrats. Ultimately, almost the services of the Home Guards are in the same manner as police constables.
[16] As far as State of Manipur is concerned, these Home Guards are paid a sum of Rs.4000/- as duty allowances per month apart from Rs.1000/- towards ration money, totally a sum of Rs.5000/- is being paid to them as duty allowances.
W.P.(C) No.191 of 2018. Page 8 Page |9 [17] Some of the individuals, who are Home Guards of States of Himachal Pradesh, Punjab and NCT of Delhi approached their respective High Courts seeking for regularization of their services by filing writ petitions and the same were dismissed by the respective High Courts. Challenging the same, they moved the Hon'ble Supreme Court by filing appeals contending that the Home Guards are working without any break for about 10 to 30 years and in spite of same, they were not given any benefits available to regular employees. In fact, they have neither been granted regular pay scale, nor have their services regularised.
[18] After analysing the matter in depth, the Hon'ble Supreme Court in its judgment dated 11.3.2015, disposed of the appeals with certain observations. The operative portion of the order reads thus:
"22. In view of the discussion made above, no relief can be granted to the appellants either regularisation 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. However, 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, we are of the view that the State Government should pay them the duty allowance at such rates, totally of which 30 days (a month) comes to minimum of the pay to which the police personnel of state are entitled. It is expected that the state Governments shall pass appropriate orders in terms of the aforesaid observation on an early date preferably within three months."
W.P.(C) No.191 of 2018. Page 9 P a g e | 10 [19] Pursuant to the direction of the Hon'ble Supreme Court, the petitioner Association submitted a representation to the respondent authorities on 8.4.2015 seeking to pay the duty allowance at the rate which comes to a minimum of the pay to which the police personnel of the State of Manipur are entitled.
Thereafter, on 2.6.2015, the petitioner Association submitted another representation to the Home Ministry as well as the State Government seeking to convert the Home Guards Organisation in Manipur as an Organisation of Paramilitary force under a regular establishment by making absorption of all Home Guard in the rank of constable and others by providing a regular pay scale in public interest. [20] Seeking for implementation of the judgment of the Hon'ble Supreme Court dated 11.3.2015, the President of the petitioner Association and others have filed W.P.(C) No.580 of 2015 before this Court. By an order dated 12.01.2017, this Court disposed of the writ petition with the following directions:
"In view of the above, the instant writ petition is disposed of with the direction that the State Government shall consider the claims of the petitioners as detailed in their representation dated 8.4.2015 in terms of the direction issued by the Hon'ble Supreme Court in the case of Grah Rakshak, Home Guards Welfare Association (supra) and issue appropriate order in respect thereof within a period of 3 W.P.(C) No.191 of 2018. Page 10 P a g e | 11 (three) months from the date of receipt of a copy of this order."
[21] Since the order of this Court dated 12.01.2017 has not been complied with, the petitioners have preferred Contempt Case No.84 of 2017, wherein this Court issued contempt notice and the matter was directed to be listed on 14.02.2018. Facing with the contempt notice and pending Contempt Case, the second respondent issued the impugned order dated 12.2.2018 enhancing the existence allowances of Manipur Home Guards at Rs.7730/-, which is challenged by the petitioner Association in this writ petition. [22] It is to be mentioned that on 11.4.2018, the Ministry of Home Affairs wrote a letter to all the Chief Secretary/ Administrator of the States requesting implementation of the judgment of the Hon'ble Supreme Court and to enhance the duty allowance of Home Guards. The letter dated 11.4.2018 reads thus:
"The department related Parliament Standing Committee on Home Affairs on Demands for Grant (2018-19) of MHA in its recommendation contained in 209th Report at para 3.8.4 and 3.8.5 has mentioned that most of the States have failed to implement the judgment of the Supreme Court on increasing the duty allowances of Home Guards to the minimum pay (pay + Grade pay + DA + Washing allowance) which police personnel are entitled to even after the several request letter issued by the MHA letter of dated 04.06.2015, 16.09.2016, 06.03.2017 and last reminder dated 24.04.2017 (copy enclosed). The Committee observes that the States such as Gujarat, Tamil Nadu and Tripura are paying paltry rates of W.P.(C) No.191 of 2018. Page 11 P a g e | 12 duty allowance that may not be even equal to the minimum of wages in these States.
2. The Committee recommends that urgent steps must be taken by Ministry of Home Affairs to ensure that all States implement the Supreme Court judgment in letter and spirit and should respond to the letters issued by MHA. The Committee further recommends that MHA should issue reminder to those States/UT which are yet to implement the judgment of the Supreme Court and direct them to implement the judgment without any further delay within six months otherwise MHA may convene a meeting of all State Minister concerned to discuss this issue.
3. It may be pertinent to mention here that Home Guards Welfare Association of various States have approached to the State High Courts for implementing the decision of Hon'ble Supreme Court. Home Guards of J&K have already filed contempt petition for non-execution of Supreme Court order.
4. You are, therefore, requested to immediately take necessary action to implement the judgment of the Hon'ble Supreme Court in your State/UT and intimate this Ministry latest by September 15, 2018.
[23] When the Hon'ble Supreme Court directed the State/UT to increase the duty allowances of Home Guards to the minimum pay i.e, Pay + Grade pay + DA + Washing allowance which the police personnel are entitled to, it is unfair on the part of the respondent State to fix the allowances of Home Guards at Rs.7730/-, which represents only the basic pay plus grade pay excluding the DA. The fixation of the allowances at Rs.7730/- per month is not in conformity with the directions of the Hon'ble Supreme Court.
W.P.(C) No.191 of 2018. Page 12 P a g e | 13 [24] In the writ petition, on 6.2.2019, the Deputy Secretary, Home, State of Manipur, has filed an affidavit stating that the remuneration to Home Guards has been revised by the State and at present a Home Guard volunteer is paid Rs.7730/- as is paid to all Government contract employees. By placing reliance upon the revised guidelines for reimbursement of Security Related Expenditure (SRE) for insurgency affected States in the North East, particularly, "Expenditure incurred on Home Guards used for security", the learned counsel for the respondents submitted that the expenditure incurred by the State Government on deployment of Home Guards for security purposes is reimbursed at the rate of Rs.6000/- for each Home Guard per month or actual payment made by the State Governments whichever is less.
Since the respondent State has been restricted for reimbursement of allowances pertaining to the Home Guards maximum at Rs.6000/- per month per Guard, the respondent State is not in a position to pay the enhanced remuneration due to financial condition of the State.
However, the State has requested the Ministry of Home Affairs for its concurrence to payment of minimum of pay (pay + Grade pay + DA Washing Allowance) based on scale of pay 5200-20200 + 1900 GP amounting to Rs.18,689/- per month to a Home Guard volunteer and for reimbursement of the same and the reply is awaited from the Ministry of Home Affairs. This fact has been admitted by the petitioner Association.
W.P.(C) No.191 of 2018. Page 13 P a g e | 14 [25] It is to be mentioned that on 14.10.2019, the Commandant, Home Guards (VA), Manipur, addressed a letter to the Inspector General of Police (Adm.), Manipur stating the financial implication on the average call out strength of Home Guard volunteers per month as desired by the Finance Department in connection with the implementation of minimum of pay to be paid as duty allowance to the Home Guards. In the said letter, the details of the monthly pay and allowances of a police constable has been given as under:
Sl. No. Starting Pay 1. Pay 5830 2. Grade Pay 1900 3. DA ( 141%) 10899 4. SCA 1200 5. HRA 773 6. TA 400 7. Washing Allowance 60 Gross 21062 [26] The details of the minimum of pay calculated at the rate of
pay and allowances of a police constable are shown in the said letter as under:
W.P.(C) No.191 of 2018. Page 14 P a g e | 15 Sl. No. Starting pay
1. Pay 5830
2. Grade Pay 1900
3. DA (141%) 10899
4. Washing Allowance 60 Gross 18689 [27] On 19.10.2019, the Deputy Secretary (Home), Government of Manipur addressed letter to the Joint Secretary (North East), Government of India, Ministry of Home Affairs stating that the minimum pay to be paid to the Home Guard Volunteer at the rate of pay and allowances of a police constable in respect of Manipur is Rs.18,689/-. In the said letter, the Deputy Secretary also stated that since expenditure incurred for deployment of Home Guards is related to Security Related Expenditure (SRE) which may be reimbursed by Government of India, Ministry of Home Affairs, it is, therefore, requested kindly to concur to the payment of the aforementioned amount as minimum of pay to the Home Guard Volunteers of the State.
[28] Since the respondent State is willing to enhance the duty allowances of Home Guards of the State of Manipur to Rs.18,689/- per month, this Court is of the view that it would be appropriate to fix the W.P.(C) No.191 of 2018. Page 15 P a g e | 16 said sum as allowances payable to the Home Guards in the State of Manipur. Generally, the expenditure on Home Guards is shared between Centre and the State Government in the ratio 25% by the Centre and 75% by the State Government by raising, training and equipping on reimbursement basis. However, for the north-eastern States except Assam, the sharing pattern between the Centre and States in the ratio of 50 : 50. Qua reimbursement of the amount by the Government of India stated by the Deputy secretary (Home) is concerned, it is for the state Government to pursue the same with the Government of India and the petitioner Association has nothing to do with the issue of reimbursement.
[29] As stated supra, while disposing of the appeals, the Hon'ble Supreme court directed the State Governments to pay the Home Guards the duty allowance at such rates, total of which 30 days comes to minimum of the pay to which the police personnel of State are entitled. The respondent State has given the details of pay and allowances of a police constable as Rs.21,062/- per month and the minimum of pay to which police personnel of state are entitled as Rs. 18,689/-. Thus, it is clear that the Home Guards in the state of Manipur are entitled to get the minimum of pay of Rs.18,689/- per month. Therefore, this court is of the firm opinion that fixing of Rs.7730/- as monthly allowances to the Home Guards in the State of Manipur is not W.P.(C) No.191 of 2018. Page 16 P a g e | 17 in conformity with the directions issued by the Hon'ble Supreme Court in civil Appeal No.2760 of 2015 dated 11.03.2015 and therefore, the same is liable to be set aside.
[30] Before parting with this order, this Court would like to emphasize the following for the kind attention of the state Government as well as the Home Guards in the State of Manipur:
(a) The State of Manipur may consider increasing the strength of the Home Guard Force, in proportion to the need as on date, besides giving them specialised training in rescue operations, driving work, managing the traffic and various other programmes, on a par with police personnel. The State Government to take steps to impart training for under-water rescue operation and after skill-upgradation, the Home Guards should be placed at Fire Stations as part of the auxiliary Force, as these teams would be the first responders in case of accidents, natural calamities and other mishaps.
(b) The Home Guards should strive hard to be above reproach.
They should serve as auxiliary to the police and assist in maintaining internal security situations; assist/help the community in any kind of emergency such as an air raid, fire, flood, cyclone, earthquake, epidemic; organise functional units to provide essential services such as motor transport, pioneer and engineer groups, fire brigades, nursing W.P.(C) No.191 of 2018. Page 17 P a g e | 18 and first aid operation of water and power supply in installations etc.; promote communal harmony and give assistance to the administration in protecting weaker sections of the Society; participate in socio- economic and welfare activities such as education, health and hygiene, development schemes and such other cases as are deemed useful.
[31] In the result,
(i) The writ petition is allowed and the impugned order dated 11.04.2018 passed by the second respondent is set aside.
(ii)The State Government is directed to pay the claim of the petitioner Association for grant of duty allowances at such rates, total of which, thirty days comes to minimum of the pay to which a police constable in the State Government is entitled to i.e., Rs.18,689/- (as calculated by the respondent - State) in terms of the directions issued by the Hon'ble Supreme Court in the case of Grah Rakshak, Home Guards Welfare Association supra.
(iii) The State Government shall pass appropriate orders in this regard fixing the minimum of pay i.e., Rs.18,689/- per W.P.(C) No.191 of 2018. Page 18 P a g e | 19 month to the Home Guards in the State of Manipur expeditiously, preferably, within a period of eight weeks from the date of receipt of a copy of this order.
(iv) The minimum of the pay should take effect from the month of passing of this order.
(v) No costs.
(vi) In view of the order passed in the main writ petition, MC(WP(C)) Nos. 162 of 2018 and 78 and 296 of 2019 are closed.
JUDGE FR/NFR John kom Digitally WAIKH signed WAIKHOM by OM TONEN MEITEI TONEN Date:
2020.01.22 MEITEI 14:52:00 +05'30' W.P.(C) No.191 of 2018. Page 19