Himachal Pradesh High Court: Home Guards Are Volunteers, Dependents Cannot Seek Permanent Jobs Under Compassionate Appointment Scheme

The Himachal Pradesh High Court has held that Home Guards are volunteers working in a temporary capacity and their dependents cannot seek permanent jobs under the compassionate appointment scheme.

The Court was considering Petitions filed by wives of two Home Guards claiming appointment under ‘Employment Assistance Scheme to the dependents of Government Servants’.

The Bench of Justice Satyen Vaidya held, "....when the job performed by Home Guards has been assessed to be purely of temporary nature, it will not be prudent to hold their dependents entitled to benefit under Compassionate Appointment Scheme. The dependents of a Home Guard cannot raise claim for permanent job, when the Home Guard himself renders only a voluntary and temporary job. The dependents of Home Guard cannot claim right to any Government service having larger scope than the nature of job held by the Home Guard."

The Petitioners were represented by Advocate Amrick Singh, while the Respondents were represented by Deputy Advocate General Hemant K. Verma.

Facts of the Case

The case of the Petitioners was that their respective husbands were Home Guards (Volunteers) engaged under the provisions of the Himachal Pradesh Home Guards Act, 1968 and they died during the continuance of their engagement. Petitioners then approached the Respondent Authorities for appointment under Compassionate Appointment Scheme of the State Government, but their claims were rejected on the ground that the benefit of the Compassionate Appointment Scheme was not available to the Home Guards or their families as the Home Guards were neither in permanent employment nor could they be termed as Government servants.

Counsel for the Petitioner contended that the Himachal Pradesh Home Guards Act, 1968 and the 1971 Rules framed thereunder do not exclude the operation of Compassionate Appointment Scheme to the Home Guards or their dependents.

On the other hand, Deputy Advocate General submitted that the appointment of Home Guards is not on regular basis and they are paid only temporary allowance during the period when they are called upon to discharge the duties and no salary or wages are paid to them. He placed reliance on Supreme Court's decision in Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh & others, (2015) wherein the claim of Home Guards for regularization of their services was declined.

Reasoning By Court

The Court agreed with the Deputy Advocate General and reiterated that Home Guards are volunteers working in a temporary capacity and their dependents cannot seek permanent jobs under the compassionate appointment scheme.

"The Home Guard is called upon to discharge duties as and when need arises. A Home Guard is not on permanent rolls. The appointments are not on regular basis. They are not paid salary or wages, rather only duty allowance is paid to them in terms of duties discharged," the Court held.

The Petition was accordingly disposed of.

Cause Title: Jogindra vs. State of H.P. & others (2025:HHC:23412)

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