STATE OF KERALA Vs. AJAYAKUMAR. V

JUDGEMENT

(1.) The State has come up with this original petition aggrieved by the direction in an application filed by the respondents who are Home Guards working in the State, challenging a government order repelling the request for parity in pay with that of Police Constable in the light of the judgment of the Apex Court in Home Guards Welfare Assn. v. State of H.P. [ (2015) 6 SCC 247] (for short, the 'Grah Rakshak case')

(2.) The Tribunal granted the following reliefs:

(3.) The Home Guards are currently engaged on a daily wage basis. The State enacted the Kerala Home Guards Act, 1960 for use in emergencies and for other purposes in the State of Kerala. The Government also established Home Guard Rules to regulate the engagement of Home Guards. Based on these Act and Rules, the Government issued an order dtd. 26/11/2009 implementing a scheme for the engagement of Home Guards. The maximum number of Home Guards personnel has been limited to 3000. Home Guards can be utilized for enumerated purposes in which includes fire fighting, rescue operations, traffic control and regulation etc. As per the Government order dtd. 26/11/2009, Home Guards will be entitled to a stipend of Rs.250.00 per day for each day of duty and they will not be eligible for any other allowances like TA/DA etc. However, they will be entitled to an allowance for uniforms.