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Madhya Pradesh High Court

Home Guards Sainik Evam Parivar Kalyan ... vs The State Of Madhya Pradesh on 26 June, 2015

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                             Writ Petition No.6516/2015




26.6.2015

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Shri V.V. Singh, learned counsel for petitioner. Heard on admission.

Petitioner no.1, an Association of Home Guards, takes exception to the memorandum dated 7.4.2015 issued by the Directorate of Home Guards and Civil Defence, Madhya Pradesh, inviting application for appointment of Home guards for a fixed period to meet out the exigency of mela duty at Simhastha 2016 at Ujjain for maintenance of law and order.

The exception is caused on the basis of the communication dated 7.1.2015 by the Additional Secretary, Home Department, communicating the decision of the meeting dated 4.3.2014 convened under the Chairmanship of Chief Secretary that no new home guards will be recruited in the Home Guard and Civil Defence.

The decision dated 4.3.2014, in turn, was on the basis of decision in Writ Petition No.10000/2010 which was disposed of on 2.12.2011 with the following directions -

(a) On receipt of a certified copy of this order, the State Government shall take note of the recommendations made by the State Human Rights Commission and if required after constituting a High Level Committee or Commission to go into the questions and recommendations made by the Human Rights Commission and after studying the organization, working set up and other factors in the establishment of the Home Guards, make :: 2 ::

endeavour to lay down schemes, rules or regulations for regulating the working of the Home Guards establishment and if required, may formulate statutory rules and regulations in this regard, for prescribing their service conditions.

(b) Till the aforesaid exercise is not completed, all the employees working in the Home Guards department and who are petitioners before this Court, so also other similarly situated persons, who may have not filed writ petitions, be granted salary at the minimum/basic of the pay prescribed for the lowest post i.e.... constable in the police department, without any running pay scale, allowances etc

(c) All the employees would be entitled to the minimum of the pay scale i.e.... the basic of the pay, as is payable to a constable in the police department, and the said benefit shall be extended to the employees with effect from 1.1.2011.

(d) The employees would be paid the aforesaid amount with revision of basic pay, if any, in the corresponding police department from time to time hereafter, till a final scheme or regular rules and regulations are not formulated for working in the Home Guards organization.

(e) Apart from the aforesaid, the system of calling of duty shall be done away with and the employees shall be employed throughout the year subject to their being physically fit or otherwise entitled to work in accordance to law.

The order was affirmed in Writ Appeal No.106/2012 and SLP(C) CC No.21470-21471/2014 decided on 21.1.2015.

The State Level Committee in its meeting dated 4.3.2014 took the following decision -

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Learned counsel for the petitioner is at loss to establish as to how the decision taken in the meeting dated 4.3.2014 would come in way of the State of M.P. through its Directorate, Home Guards and Civil Defence to recruit fresh incumbents for a limited period to meet out the law and order situation arising during Simhastha Mela 2016.

No decision having been commended at to impose a bar for recruitment of Home Guard for a fixed period, no indulgence is caused.

Consequently, petition fails and is dismissed. No costs.

(SANJAY YADAV) JUDGE vinod