Chattisgarh High Court
Mahesh Kumar Dhidhi vs State Of Chhattisgarh 31 Wps/1210/2018 ... on 6 August, 2018
Author: Sharad Kumar Gupta
Bench: Sharad Kumar Gupta
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Reserved on 1-8-2018
Delivered on 6-8-2018
-WPS No. 7063 of 2017-
1. Jashpal Singh S/o Shri Pratipal Singh Aged About 32 Years
Occupation - Home Guard No. 278 Working Under The Office of
District Commandant Home Guards , Raipur District Raipur CG
2. Jageshwar Kumar Dhiwar S/o Shri Dayaram Dhiwar Aged About 29
Years Occupation Home Guards No. 666
3. Kamal Prasad Verma S/o Late Shri Vishram Verma Aged About 35
Years Occupation Home Guards No. 339
4. Gulshan Bhatt, S/o Shri Bijeshankar Bhatt Aged About 24 Years
Occupation Home Guards No. 24
5. Rohit Nirmalkar S/o Shri Bisauha Ram Nirmalkar Aged About 38 Years
Occupation Home Guards No. 400
The petitioners No. 2 to 5 are working under the office of District
Commandant Home Guards Raipur District Raipur CG
6. Domendra Kumar Sahu S/o Shri Latkhor Ram Sahu Aged About 50
Years Occupation Home Guards No. 279 , Working Under The Office
of District Commandant Home Guards Durg District Durg CG
7. Deepakchand Sahu S/o Late Shri Brijlal Sahu Aged About 57 Years
Occupation V .P. C. No. 449 , Working Under The Office of District
Commandant Home Guards Durg District Durg CG
8. Dhanraj Sahu S/o Late Shri Laxman Sahu Aged About 56 Years
Occupation V .P. C. No. 100 , Working Under The Office of District
Commandant Home Guards Kabirdham District Kabirdham CG
9. Brijendra Singh Chouhan S/o Late Shri Narendra Singh Chouhan Aged
About 28 Years Occupation Home Guard No. 348 , Working Under The
Office of District Commandant Home Guards Jagdalpur District
Jagdalpur CG
10. Umesh Sahu S/o Shri Tularam Sahu Aged About 32 Years Occupation
Home Guard No. 100, Working Under The Office of District
Commandant Home Guards Baloda Bazar District Baloda Bazar
Bhatapara CG
---- Petitioners
Versus
1. State of Chhattisgarh Through Its Secretary Home Police Affairs
Mahanadi Bhawan Mantralay, District New Raipur CG
2. The Secretary Finance Department Home Police Affairs Mahanadi
Bhawan Mantralaya District New Raipur, CG
3. The Director General of Police, Home Guards Mana, District Raipur
CG
---- Respondents
-WPS No. 1176 of 2018-
1. Maniram Patel S/o Shri Tulsiram Patel, Aged About 38 Years Occupation Sainik No. (111)
2. Manoj Nirmalkar S/o Shri Ramji Nirmalkar, Aged About 38 Years Occupation Sainik No. (164) 2
3. Goverdhan Bariha S/o Shri Ramratan Bariha Aged About 49 Years Occupation Sainik No. (89)
4. Roshan Kumar Sinha S/o Shri Ghanshyam Sinha, Aged About 27 Years Occupation Sainik No. (91)
5. Naresh Yadaw S/o Shri Sukhram Yadaw, Aged About 44 Years Occupation Sainik No. (207)
6. Hemlal Chandrakar, S/o Shri Chintamani Chandrakar, Aged About 31 Years Occupation Sainik No. (165)
7. Sireesh Kumar S/o Shri Sheshdev Aged About 38 Years Occupation Sainik No. (209)
8. Krishna Kumar S/o Shri Punnilal Sinha, Aged About 41 Years Occupation Sainik No. (145)
9. Prashant Kalu S/o Shri Yogeshwar Kalu Aged About 33 Years Occupation Sainik No. (159)
10. Manish Kumar S/o Shri Bhishmdev, Aged About 34 Years Occupation Sainik No. (186)
11. Imran Khan S/o Shri Abdul Majid Khan, Aged About 39 Years Occupation Sainik No. (140)
12. Ghanshyam Sahu S/o Shri Chamanlal Sahu Aged About 33 Years Occupation Sainik No. (198)
13. Rupesh Kumar Nirmalkar S/o Shri Lekhram Aged About 32 Years Occupation Sainik No. (177)
14. Jyoti Kahar D/o Shri Jawahar Kahar, Aged About 25 Years Occupation Sainik No. (184)
15. Geeta Kahar D/o Shri Jawahar Kahar, Aged About 32 Years Occupation Sainik No. (262) All the petitioners are working under the office of District Commandant, Home Guards, Mahasamund, District Mahasamund CG
---- Petitioners Versus
1. State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur CG
2. The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur CG
3. The Director General of Police, Home Guards, Mana, District Raipur CG
---- Respondents
-WPS No. 1196 of 2018-
1. Mahesh Kumar Dhidhi S/o Shri Pokhan Dhidhi, Aged About 31 Years Occupation Sainik No. (109)
2. Santosh Kumar, S/o Shri Manohar Lal Chandrakar, Aged About 49 Years Occupation Sainik No. (69)
3. Keshram Patel, S/o Shri Panchan Patel, Aged About 45 Years Occupation Sainik No. (87)
4. Suraj Chouhan S/o Shri Kamta Prasad, Aged About 38 Years Occupation Sainik No. (115)
5. Reshamlal Choudhary, S/o Shri Gopal Ram, Aged About 38 Years Occupation Sainik No. (162)
6. Thaneshwar Diwan, S/o Shri Panchram Diwan, Aged About 40 Years 3 Occupation Sainik No. (189)
7. Harihar Diwan, S/o Shri Sukhau Ram, Aged About 48 Years Occupation Sainik No. (98)
8. Samaruram Baghel, S/o Shro Tekram, Aged About 47 Years Occupation Sainik No. (219)
9. Malikram Gajendra, S/o S/o Shri Bishatram, Aged About 52 Years Occupation Sainik No. (42)
10. Lakhpati Sidar S/o Shri Kunjram Sidar, Aged About 48 Years Occupation Sainik No. (66)
11. Govind Singh Dhruw S/o Shri Roopsingh, Aged About 40 Years Occupation Sainik No. (180)
12. Sunil Mannade S/o Shri Malikram, Aged About 37 Years Occupation Sainik No. (126)
13. Ramnarayan Dhruw S/o Shri Devsingh Dhruw, Aged About 40 Years Occupation Sainik No. (171)
14. Chandraprakash Dhidhi S/o Shri Goverdhan Dhidhi, Aged About 34 Years Occupation Sainik No. (47)
15. Gopychand Patel S/o Shri Anujram, Aged About 40 Years Occupation Sainik No. (206)
16. Toshanlal Dhruw, S/o Shri Shivram Dhruw, Aged About 28 Years Occupation Sainik No. (174)
17. Liladhar Chandrakar, S/o Shri Ganguram, Aged About 38 Years Occupation Sainik No. (197)
18. Kuleshwar Chandrakar S/o Shri Ramsharan Chandrakar, Aged About 35 Years Occupation Sainik No. (113)
19. Dhunsingh S/o Shri Mangalsingh, Aged About 49 Years Occupation Sainik No. (85)
20. Suraj Donare S/o Shri Mansharam Dongare, Aged About 33 Years Occupation Sainik No. (221) All the petitioners are Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG
---- Petitioner Versus
1. State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG
2. The Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG
3. The Director General of Police, Home Guards, Mana, District Raipur CG
---- Respondents
-WPS No. 1210 of 2018-
1. Dharnidhar Bhoi S/o Shri Sudarshan Aged About 53 Years Occupation N.K. No. 33
2. Yadu Kumar Mirdha S/o Shri Kirtan Mirdha, Aged About 52 Years Occupation N.K. No. 27
3. Hemant Kumar S/o Shri Ramchandra Sahu Aged About 52 Years Occupation L. Naik No. 154
4. Mahesh Kumar Pradhan S/o Shri Nilmani Prasad Aged About 54 Years Occupation Sainik No. 141 4
5. Goverdhan Singh Thakur S/o Shri Dakwar Singh Aged About 50 Years Occupation Sainik No. 38
6. Prem Singh Thakur S/o Shri Narayan Singh Aged About 51 Years Occupation Sainik No. 185
7. Virendra Kumar S/o Shri Nohar Parishwar Aged About 35 Years Occupation Sainik No. 192
8. Balkrishna Pradhar S/o Shri Kuber Pradhan Aged About 33 Years Occupation Sainik No. 160
9. Pradeep Pradhan S/o Shri Digreelala Pradhan Aged About 49 Years Occupation L. Naik No. 40
10. Ishwar Rana S/o Shri Ganghadhar Rana Aged About 48 Years Occupation Sainik No. 92
11. Jhashketan Bhoi S/o Shri Shankar Bhoi Aged About 54 Years Occupation L. Naik No. 44
12. Golochan S/o Shri Arkhit Aged About 49 Years Occupation Sainik No. 225
13. Rajesh Diwan S/o Shri Kaliram Diwan Aged About 40 Years Occupation Sainik No. 172
14. Rohit Kumar S/o Shri Vidhyadhar Pradhan Aged About 46 Years Occupation Sainik No. 90
15. Kashi Vishwanath S/o Shri Ramchandra Aged About 59 Years Occupation PCV No. 7
16. Tirthraj Thakur S/o Shri Ganeshram Thakur Aged About 41 Years Occupation Sainik No. 112
17. Gulab Chand Sahu S/o Shri Manbodh, Aged About 50 Years Occupation N.K. No. 25
18. Shivkumar Dhruw S/o Shri Panchram Dhruw Aged About 35 Years Occupation Sainik No. 196
19. Rakesh Kumar S/o Shri Satyanarayan Mishra Aged About 45 Years Occupation Sainik No. 214
20. Santosh Chandrakar S/o Shri Devsingh Chandrakar Aged About 45 Years Occupation Sainik No. 142 All petitioners are Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG
---- Petitioners Versus
1. State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG
2. The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur, CG
3. The Director General of Police, Home Guards, Mana, District Raipur, CG
---- Respondents
-WPS No. 1211 of 2018-
1. Shivshankar Sahu S/o. Shri Gaurang Sahu, Aged About 50 Years Occupation L Naik No. (35)
2. Lalaram Kurre, S/o. Shri Chintaram Kurre, Aged About 41 Years occupation Sainik No. (116)
3. Dhanesh Kumar Tandon, Shri Tejram, Aged About 38 Years 5 Occupation - Sainik No. (182 )
4. Rajesh Bahera, S/o. Shri Harihar Bahera, Aged About 31 Years Occupation - Sainik No. ( 167)
5. Kalyani Dhruw, D/o. Shri Vishram Singh Dhruw, Aged About 26 Years Occupation - Sainik No. ( 245)
6. Hirmati Dhruw, D/o. Shri Sadhuram Dhruw, Aged About 25 Years Occupation - Sainik No. ( 276)
7. Rewat Singh, S/o. Shri Kritram Pareshwar, Aged About 42 Years Occupation - Sainik No. (237 )
8. Nripati Lal Bhoi, S/o. Shri Lal Saheb, Aged About 48 Years Occupation
- Sainik No. (79 )
9. Indrajit Pashayat, S/o. Shri Raguwa Pashayat, Aged About 55 Years Occupation - Sainik No. ( 22)
10. Laxmichand Kumar, S/o. Shri Pyarilal, Aged About 48 Years Occupation - L. Naik No. (46 )
11. Mukesh Pradhan S/o. Shri Kailash Pradhan, Aged About 44 Years Occupation - Sainik No. (224 )
12. Banshidhar, S/o. Shri Damodar, Aged About 48 Years Occupation - Sainik No. (227 )
13. Narendra Pradhan, S/o. Shri Saukilal Pradhan, Aged About 46 Years Occupation - Sainik No. ( 53)
14. Suresh Bariha, S/o. Shri Ramlal Bariha, Aged About 43 Years Occupation - Sainik No. ( 139)
15. Dashrath Sahu, S/o. Shri Prabhakar Sahu, Aged About 58 Years Occupation - NK No. (13) All the petitioners are Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG
---- Petitioners Versus
1. State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, Distt. Raipur CG
2. The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur, CG
3. The Director General of Police, Home Guards, Mana , District Raipur, CG
---- Respondents
-WPS No. 1265 of 2018-
1. Lakheshwar Lal Sahu S/o Shri Labodar Sahu Aged About 53 Years Occupation- HAV No. (16 )
2. Nandlal Bhoi S/o Shri Aadi Bhoi Aged About 53 Years Occupation- HAV No. (18)
3. Digambar Bhoi S/o Shri Damru Bhoi Aged About 52 Years Occupation- Sainik No. (29)
4. Durbadar Kar S/o Shri Parmanand Kar Aged About 53 Years Occupation- Sainik No. (34)
5. Sewanand S/o Shri Jhasketan Pradhan Aged About 53 Years Occupation- Sainik No. (19)
6. Laxman Nand S/o Shri Siyanath Nand Aged About 55 Years Occupation- Sainik No. (36) 6
7. Hem Sagar Bhoi S/o Shri Pitamber Aged About 50 Years Occupation- L. Naik No. (57)
8. Upendra Bhoi S/o Shri Ratnakar Bhoi Aged About 42 Years Occupation- Sainik No. (137)
9. Anurjay Matari S/o Shri Mathuram Aged About 41 Years Occupation- Sainik No. (123)
10. Sunil Sahu S/o Shri Sadanand Sahu Aged About 46 Years Occupation- Sainik No. (73)
11. Netro Ajgar S/o Shri Rankmani Aged About 39 Years Occupation- Sainik No. (148)
12. Chudamani S/o Shri Niranjan Sahu Aged About 49 Years Occupation- Sainik No. (49)
13. Dinesh Pradhan S/o Shri Subhash Chandra Pradhan Aged About 37 Years Occupation- Sainik No. (150)
14. Udhav Soni S/o Shri Rameshwar Soni Aged About 51 Years Occupation- Sainik No. (24)
15. Rajendra Pradhan S/o Shri Bhujo Pradhan Aged About 47 Years Occupation- L. Naik No. (71)
16. Dadulal Sidar S/o Shri Pyarilal Aged About 47 Years Occupation- Sainik No. (97)
17. Bhuwanlal Dhruw S/o Shri Janakram Aged About 54 Years Occupation- Sainik No. (84) All the petitioners are working under the office of District Commandant, Home Guards, Mahasamund, District- Mahasamund, CG
---- Petitioners Versus
1. State of Chhattisgarh Through- Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District- New Raipur, CG
2. The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District- New Raipur, Chhattisgarh, District : Raipur, CG
3. The Director General of Police, Home Guards, Mana, District- Raipur, CG
---- Respondents
-WPS No. 1789 of 2018-
1. Tameshwar Sahu S/o. Shri Vishnu Prasad Sahu, Aged About 50 Years Home Guard, Sainik No. 222, R/o Lakhoki, Ward No. 34, Adarsh Chowk, Rajnandgaon Post District Rajnandgaon, CG
2. Panchram Mandavi S/o Late Shri Bhagwan Singh Mandavi, Aged About 43 Years Sainik No. 04, Occupation Working Under Office of District Commandant, Home Guard, District Rajnandgaon, CG
3. Shiv Shankar Janghel S/o Shri Videshi Ram Janghel, Aged About 54 Years Sainik No. 280, Occupation Working Under Office of District Commandant, Home Guard, District Rajnandgaon , CG
4. Babu Lal Mandavi S/o Late Shri D.R. Mandavi, Aged About 53 Years Sainik No. 281, Occupation Working Under Office of District Commandant, Home Guard, District Rajnandgaon, CG
---- Petitioner Versus
1. State of Chhattisgarh Through Secretary Home Department 7 Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur, CG
2. The Secretary, Department of Home Police And Finance Chhattisgarh, Mahanadi Bhawan, Naya Raipur, District Raipur, CG
3. Director General Home Guard Head Quater Naya Raipur, District Raipur, CG
4. Divisional Commandant, Home Guard, Collectorate Premises Raipur, District Raipur, CG
5. District Commandant, Home Guard, District Rajnandgaon, CG
---- Respondents
-WPS No. 2332 of 2018-
1. Taman Lal Sahu S/o Chhannu Lal Sahu Aged About 58 Years Hawaldar No. 119, Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG
2. Nand Kishor Sinha S/o Thakur Ram Sinha, Aged About 41 Years Sainik No. 130, Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG
3. Sandeep Singh S/o Late Gopal Singh Aged About 35 Years Sainik No. 06 , Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG
4. Sant Ram Dewangan S/o Udhoram Dewangan Aged About 50 Years Occupation- Sainik No. 03, Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG
5. Bhagwati Prasad Mandavi S/o Shri Ram Prasad Mandavi Aged About 57 Years Sainik No. 200 , Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG
6. Prabhu Ram Uike S/o Budhram Uike Aged About 48 Years Sainik No. 185 , Occupation- Working Under Office of District Commandant Home Guard, District Rajnandgaon, CG
7. Uttam Lal Dhanendra S/o Late Shri Chandulal Dhanendra, Aged About 48 Years Sainik No. 91, Occupation- Working Under Office of District Commandant Home Guard, District Rajnandgaon, CG
8. Kamta Prasad Sahu S/o Late Shri K R Sahu Aged About 50 Years Sainik No. 52, Occupation- Working Under Office of District Commandant Home Guard, District Rajnandgaon, CG
---- Petitioners Versus
1. State of Chhattisgarh Through Secretary Home Department Mantralaya Mahanadi Bhawan Naya Raipur District Raipur, CG
2. The Secretary, Department of Home Police And Finance Chhattisgarh Mahanadi Bhawan Naya Raipur District Raipur, CG
3. Director General, Home Guard Head Quarter Naya Raipur District Raipur, CG
4. Divisional Commandant, Home Guard, Collectorate Premises Raipur District Raipur, CG
5. District Commandant, Home Guard District Rajnandgaon, CG
---- Respondents
-WPS No. 3600 of 2018-
1. Kundan Kumar Sahu S/o Late Shri Tuman Lal Sahu, Aged About 36 Years Working As Sainik No. 05, Under Office of District Commandant 8 Home Guard District Rajnandgaon, CG
2. Tirath Das Kurre, S/o Chhabilal Kurre, Aged About 48 Years Working As Sainik No. 133, Under Office of District Commandant Home Guard District Rajnandgaon, CG
3. Beluram Mandavi S/o Kaluram Mandavi, Aged About 49 Years Working As Sainik No. 223, Under Office of District Commandant Home Guard District Rajnandgaon, CG
4. Vinod Kumar Sen S/o Late Madan Lal Sen, Aged About 53 Years Working As Sainik No. 259, Under Office of District Commandant Home Guard District Rajnandgaon, CG
5. Gend Lal Korram S/o Late Hirau Singh Korram Aged About 47 Years Working As Sainik No. 247, Under Office of District Commandant Home Guard District Rajnandgaon, CG
6. Mohan Lal Netam S/o Kapil Ram Netam, Aged About 51 Years Working As Sainik No. 206, Under Office of District Commandant Home Guard District Rajnandgaon, CG
7. Sanatram Markande, S/o Late Shri Tijauram, Aged About 44 Years Working As Sainik No. 231, Under Office of District Commandant Home Guard District Rajnandgaon, CG
8. Rohit Kumar Uike S/o Banauram Uike, Aged About 47 Years Working As Sainik No. 229, Under Office of District Commandant Home Guard District Rajnandgaon, CG
9. Ravi Kumar Verma S/o Kalaram Verma, Aged About 52 Years Working As Sainik No. 173, Under Office of District Commandant Home Guard District Rajnandgaon, CG
10. Raghunandan Singh S/o Late Shri Mukund Singh, Aged About 55 Years Working As Hawaldar No. 55, Under Office of District Commandant Home Guard District Rajnandgaon, CG
11. Chandrahas Sahu, S/o Gend Lal Sahu, Aged About 57 Years Working As Hawaldar No. 21, Under Office of District Commandant Home Guard District Rajnandgaon, CG
12. Shambhu Lal S/o Ajan Singh Aged About 50 Years Working As Sainik No. 250, Under Office of District Commandant Home Guard District Rajnandgaon, CG
13. Goutam Lal Sahu, S/o Late Shri Gend Lal Sahu, Aged About 52 Years Working As Sainik No.62, Under Office of District Commandant Home Guard District Rajnandgaon, CG
14. Sadhuram S/o Munna Ram, Aged About 45 Years Working As Sainik No. 188, Under Office of District Commandant Home Guard District Rajnandgaon, CG
15. Ravindra S/o Shri Johan Singh Thakur, Aged About 55 Years Working As Sainik No.143, Under Office of District Commandant Home Guard District Rajnandgaon, CG
16. Tirath Netam S/o Late Shri Nyaik Netam, Aged About 50 Years Working As Sainik No. 227, Under Office of District Commandant Home Guard District Rajnandgaon, CG
17. Johar Lal Sinha S/o Shri Gadi Ram Sinha, Aged About 51 Years Working As Sainik No. 243, Under Office of District Commandant Home Guard District Rajnandgaon, CG
18. Gend Lal Modghere S/o Late Shri Moti Lal Modghere, Aged About 59 Years Working As Hawaldar No. 22, Under Office of District Commandant Home Guard District Rajnandgaon, CG ---- Petitioners 9 Versus
1. State of Chhattisgarh Through Secretary Home Department, Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur, CG
2. The Secretary, Department of Home Police And Finance Chhattisgarh, Mahanadi Bhawan, Naya Raipur, District Raipur, CG
3. Director General, Home Guard Head Quater Naya Raipur, District Raipur, CG
4. Divisional Commandant, Home Guard, Collectorate Premises Raipur, District Raipur, CG
5. District Commandant, Home Guard, District Rajnandgaon, CG
---- Respondents
-WPS No. 7065 of 2017-
1. Narendra Singh Dhruw S/o Shri Mohan Lal Dhurw Aged About 30 Years Occupation- Home Guard No. 259 Working Under The Office of District Commandant, Home Guards, Gariyaband, District Gariyaband, CG
2. Bhauram Sahu S/o Shri Jhundhuram Sahu Aged About 51 Years Occupation Naik No. 464
3. Narendra Koshley S/o Late Shri Tiharuram Koshley, Aged About 50 Years Occupation Naik No. 593
4. Dhananjay Sinha S/o Shri Radheshyam Sinha Aged About 32 Years Occupation Home Guard No. 382
5. Umesh Chandrakar S/o Shir Domar Singh Chandrakar Aged About 25 Years Occupation Home Guard No. 314
6. Tomeshwar Sahu S/o Shri Dhuruwa Ram Sahu Aged About 26 Years Occupation Home Guard No. 587
7. Gajendra Kumar Bhoi S/o Late Shri Padman Bhoi Aged About 33 Years Occupation Home Guard No. 538
8. Ku. Lalita Futan D/o Shri Agnuram Futan Aged About 29 Years Occupation Home Guard No. 648
9. Smt. Savita Nishad W/o Late Shri Chetan Nishad Aged About 45 Years Occupation Home Guard No. 90
10. Damodar Prasad Verma S/o Late Shri Laxman Prasad Verma Aged About 23 Years Occupation Home Guard No. 07
---- Petitioners Versus
1. State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralaya, District New Raipur, CG
2. The Secretary Finance Department, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG
3. The Director General of Police, Home Guards, Mana, District Raipur, CG
---- Respondents
-WPS No. 7071 of 2017-
1. Tokeshwar Sahu S/o Shri Ganguram Sahu, Aged About 29 Years Occupation Home Guard, No. 643
2. Durgesh Chandrakar, S/o Shri Mohan Chandrakar, Aged About 25 Years Occupation- Home Guard No. 612 10
3. Mulchand Padhre, S/o Shri Heerasingh Padhre, Aged About 25 Years Occupation- Home Guard No. 197
4. Bharat Ram Dhruw, S/o Late Shri Bahur Singh Dhurw, Aged About 30 Years Occupation- Home Guard No. 294
5. Tarun Dhurvey, S/o Shri Mannu Lal Dhurvey, Aged About 30 Years Occupation- Home Guard No. 342
6. Hemant Kumar Sahu, S/o Shri Manharan Lal Sahu, Aged About 29 Years Occupation- Home Guard No. 598
7. Ageshwar Banswar, S/o Shri Ramkumar Banswar, Aged About 26 Years Occupation- Home Guard No. 194
8. Dushyant Sahu, S/o Shri Ramkishun Sahu, Aged About 27 Years Occupation- Home Guard No. 163
9. Dilip Dhruw, S/o Shri Nakul Dhruw, Aged About 28 Years Occupation-
Home Guard No. 18610. Naresh Sahu, S/o Shri Milau Ram Sahu, Aged About 32 Years Occupation- Home Guard No. 591 All the petitioners are working under the office of District Commandant, Home Guard, Raipur, District Raipur, CG
---- Petitioners Versus
1. State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahandi Bhawan, Mantralay, District New Raipur, CG
2. The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur, CG
3. The Director General of Police, Home Guards, Mana, District Raipur, CG
---- Respondents
-WPS No. 7072 of 2017-
1. Suman Lal Sahu S/o Late Shri Heeraram Sahu Aged About 55 Years Occupation Constable No. 12 Working Under The Office of District Commandant, Home Guards, Rajnandgaon District Rajnandgaon, CG
2. Smt. Komeshwari, W/o Shri Jageshwar Kumar Dhiwar, Aged About 26 Years Occupation Home Guards, No. 310
3. Smt. Hembai Sahu W/o Shri Kewal Ram Sahu, Aged About 29 Years Occupation Home Guards No. 315
4. Rekhuram Agrawani S/o Shri Lakhes Ram Agrawani, Aged About 25 Years Occupation Home Guard No. 394 Petitioners No. 2 to 4 are working under the office of District Commandant, Home Guards, Gariyaband, District Gariyaband, CG
5. Khemraj Chandrakar S/o Shri Gaind Lal Chandrakar, Aged About 29 Years Occupation Home Guard No. 26 Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG
6. Kundan Sinha S/o Shri Mannu Lal Sinha, Aged About 38 Years Occupation Home Guard No. 81 Working Under The Office of District Commandant, Home Guards, Durg District Durg, CG
7. Chintaram S/o Late Shri Bodhan Ram Aged About 53 Years Occupation Home Guards, No. 131
8. Birbal Ram Sahu S/o Shri Rama Sahu, Aged About 50 Years 11 Occupation Home Guards, No. 124
9. Naindas Sahu, S/o Shri Bharat Das Sahu, Aged About 50 Years Occupation Home Guards No. 26
10. Madan Lal Sahu S/o Late Shri Jeetram Sahu, Aged About 41 Years Occupation Home Guards No. 25
11. Komal Ram Chandel S/o Shri Mayaram Chandel, Aged About 52 Years Occupation Home Guards No. 278
12. Budhdheshwar Prasad S/o Late Shri Shyam Sunder, Aged About 52 Years Occupation Naik No. 15
13. Rupendra Mishra S/o Shri Narendra Mishra, Aged About 28 Years Occupation Home Guards No. 39 the petitioners No. 7 to 13 are working under the office of District Commandant, Home Guards, Rajnandgaon, District Rajnandgaon, CG
---- Petitioners Versus
1. State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG
2. The Secretary Finance Department, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG
3. The Director General of Police, Home Guards, Mana, District Raipur, CG
---- Respondents Shri Prakash Twiari and Shri Varunendra Mishra, Adv. for their respective petitioners.
Shri R.K. Gupta, Dy. Adv. General for the State.
CAV ORDER Hon'ble Shri Justice Sharad Kumar Gupta
1. As these petitions involve identical question for decision, they are being disposed of by this common order. For convenience, WPS No. 7063/2017 (Jashpal Singh and others -v- State of Chhattisgarh and others) is being taken as leading case.
2. The petitioners preferred these writ petitions seeking the relief to direct the respondent No. 1 to implement the order / judgment passed by Hon'ble Supreme Court in various petitions with effect from 1-1-2011, and to consider the various memo sent by the respondent No. 3 as Annexure P-5.
3. Counsel for the petitioners argued that the respondent No. 1 is not complying with the judgment of the Hon'ble Supreme Court dated 11- 3-2015 Annexure P-3 which has been clarified by the Hon'ble Supreme Court on 4-5-2016 vide Annexure P-4, he has also not decided the various memo written by respondent No. 3.
4. The Dy. Advocate General appearing for the respondents No. 1 and 2 12 argued that proposals of the respondent No. 3 were rejected because State Government has created a cadre of Assistant Constables in the year 2012. The State government is paying honorarium of Rs. 13,458/- per month to those Assistant Constables who are posted in highly affected nexal areas. The Government of Chhattisgarh in true spirit complied with the judgment of Hon'ble Supreme Court and increased the honorarium of Home Guards from Rs. 10,000/- to Rs. 13,200/-.
5. The Hon'ble Supreme Court in the order in the matter of Grih Rakshak Home Guards Welfare Association -v- State of Himachal Pradesh and others passed in Civil appeal No. 2759/2015 dated 11-3-2015 Annexure P-3 observed in para No. 22 which reads as under :-
"22.In view of the discussion made above, 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. 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, total 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 aforesaid observation on an early date preferably within three months."
6. The Hon'ble Supreme Court in the matter of Tej Singh and others -v- Sarvesh Kaushal and another passed in Contempt petition (c) No. 699-700/2015 in Civil appeal No. 2782-2783/2015 dated 4-5-2016 Annexure P-4 observed as under :-
"Accordingly, we make it clear that the word "minimum of the pay" used in paragraph 22 of the judgment and order dated 11th March, 2015 means the basic pay + grade pay + dearness allowance + washing allowance."
7. Section 9 of the Chhattisgarh Auxiliary Armed Police Force Act, 2011 reads as under:-
"Section 9 - Remuneration allowances, etc.-
(1) Every member of the force shall be paid fixed remuneration 13 as prescribed by the State Government; and such dearness allowance and special naxal area allowance as admissible to the Chhattisgarh Police Executive Force, Constable (GD). Any other allowances may also be paid to the member of the force as ordered by the State Government from time to time. (2) Other conditions of service of members of the force shall be such as may be prescribed."
8. Rule 5 of the Chhattisgarh Auxiliary Armed Police force (Recruitment, Training, Remuneration, and other Allowances, Condition of Service, Conduct and Control) Rules , 2011 reads as under :-
"Rule 5 Remuneration, etc. :- The members of the force shall be paid remuneration as fixed by the order issued by the State Government from time to time under sub-section (1) of Section 9 of the Act:
Provided that, it shall not be less than Rs. 3500/- (Rs. Three thousand five hundred) per month:
Provided further, that on the basis of above remuneration they shall be paid dearness allowance and Special Naxal Area Allowance as admissible to the Police Executive Force Constable (GD) of the concerned district for the time being in force, as provided under sub-section (1) of Section 9 of the Act. Any other allowance may also be paid to the members of the force as ordered by the State Government from time to time."
9. As per the Annexure R-3 pay allowance of Asstt. Constable is as under :-
Pay Allowance of Asst. Constable District/Unit PAY DA(136%) PAA UA FIX TA Jokhim Allowance
1. All. Distt. of Bastar Range, 4300 5848 100 60 1000 50%, 35% Madanwada, Aundhi, and 20% Mohla, Manpur, Chilhati, as per Khadgaon, Sitagaon, govt.
Kohka police stations and order
Ambagarh Chowki of
Rajnandgaon Dist. and SIB
2. Rest all units 3500 4760 100 60 1000 50%, 35%
and 20%
as per
govt.
order
10. As per the letter of Home Department, Government of CG dated 21-6- 14
2017 Annexure R-2 the honorarium of the Home Guards Sainik has been increased from Rs. 10,000/- per months upto Rs. 13,200/- per month.
11. Looking to the above mentioned facts and circumstances, this Court finds that if petitioners had the grievance that aforesaid judgment/ order of Hon'ble Supreme Court has not been complied with by the respondent No. 1 then they may approach in the proper forum available to them under the law.
12. In para 5 and 6 of the reply it has been pleaded that proposals of the respondent No. 3 have been rejected giving the reasons. Annexure P- 5 is the repetition of earlier proposal, which has been already considered by respondent No. 1.
13. Now nothing remains for this court for adjudication. Hence, the writ petition is accordingly disposed of.
Sd/-
(Sharad Kumar Gupta) Judge pathak