Gujarat High Court Directs State Govt To Increase Daily Allowance Of Home Guards To Police Personnel's Minimum Pay

The petitioners had approached the High Court with the grievance that the duty allowance of Rs 450 received by them is less than the minimum of the pay scale received by any feeder cadre police personnel of the respondent State.

The Single Bench of Justice Maulik J. Shelat held, “In view of the aforesaid, the respondent-State is hereby directed to increase the daily allowance of Home Guards from Rs.450/- to the minimum of the pay received by Police personnel of the respondent-State as on date. Such decision shall be taken by the competent authority of the State within a period of one month from the date of receipt of a copy of this order and appropriate order/resolution may be passed by the State.”

Advocate UT Mishra represented the Petitioner while Assistant Govt. Pleader Dhruti Pandya represented the Respondent.

Arguments

It was the case of the petitioners that the daily allowance was increased from Rs 300 to Rs 450 by the State vide its Resolution dated in 2022, but it did not even match the minimum of the pay scale. It was submitted that the State is required to abide by the directions issued by the Apex Court and directives issued by the Government of India and it is incumbent upon the State to pay a daily allowance which would meet the minimum pay scale.

The respondents submitted that the service of a Home Guard is voluntary, and they can engage themselves in any other activity. Unlike Police personnel whose services are available 24 hours a day, all seven days a week, the services of Home Guards are required as and when necessary and therefore, they cannot be allowed to claim a minimum pay scale.

Reasoning

The Bench referred to the judgment of the Apex Court in Grahak Rakshak, Home Guards Welfare Association, whereby it was held that the State Government should pay the Home Guards the duty allowance at such rates, the total of which, for 30 days (a month), comes to a minimum of the pay to which the police personnel of the State are entitled.

The Bench noted that vide a Resolution dated November 2, 2022, the State had increased the daily allowance from Rs 300 to Rs 450. The basis of the increase of such allowance appeared to be the communication dated April 12, 2018 issued from the Office of the Director General, Civil Defence and Home Guards, Gujarat State, to the Additional Chief Secretary, Home Department, State of Gujarat, Gandhinagar. Even while arriving at such a figure, the Director General appeared to have taken into account only basic salary, DA and washing allowance, which were directed to be considered by the Apex Court in turn by the Government of India.

“ Be that as it may, the State cannot disregard the directives issued by the Government of India or show disrespect for the directions issued by the Hon’ble Apex Court unless they are modified by the Hon’ble Apex Court itself. In my view, the State is required to increase the daily allowance from Rs.450/- to an amount which would match with the minimum of the pay which Police Personnel are currently entitled to and or received by them”, it stated.

The Bench was informed by the AGP that currently the minimum pay available to any Police Constable is in the range from Rs 21,000 to Rs 25,000 per month. “If it is so, the Home Guard is receiving a lower daily allowance and by no means can the State ignore such a vital aspect”, it added.

Considering the State’s stance that till the time, its review petition is decided by the Apex Court, it would not like to reconsider increasing the daily allowance of the Home Guards, the Bench held, “Thus, the upshot of the foregoing observations, discussion, and reasons, the stance of the State not ready to increase daily allowance of Home Guards is nothing but an arbitrary decision which violates Article 14 of the Constitution of India. This Court is not all impressed with any submission of learned AGP and cannot not allow the State to disrespect the direction issued by Hon’ble Apex Court following by directives issued by the Government of India.”

Thus, partly allowing the petition, the Bench directed the State to increase the daily allowance of Home Guards from Rs 450 to the minimum of the pay received by Police personnel.

Cause Title: Rajeshbhai Maheshbhai Jani v. State of Gujarat (Neutral Citation: 2026:GUJHC:16437)

Appearance

Petitioner: Advocates UTMishra, HK Thakor

Respondent: Assistant Govt. Pleader Dhruti Pandya

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