Madras High Court
K.Annamalai vs Additional Secretary To ... on 21 September, 2021
W.P.No.3815 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.3815 of 2021
K.Annamalai .. Petitioner
Vs.
1. Additional Secretary to Government
Home Department
Fort St. George
Chennai 600 009.
2. Director General of Police
Mylapore
Chennai 600 004.
3. Additional Director General of Police
Additional Commandment General
Home Guards
Chennai 600 004.
4. The Secretary to Government
Home (Pol. 14) Department
Fort St. George
Chennai 600 009. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Declaration declaring that the G.O.Ms.No.115
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W.P.No.3815 of 2021
dated 19.09.2019 passed by the first respondent insofar to extent that
it is restricted to the number of call out duties to 10 days as
unconstitutional and consequently, direct the first respondent to
comply with the directions laid down in the judgment decided by the
Hon'ble Supreme Court in the case of Grah Rakshak, Home Guards
Welfare Association v. State of Himachal Pradesh & Ors. (2015) 6 SCC
247.
For the Petitioner : Ms.J.Divya
For the Respondent : Mr.P.Muthukumar
Counsel for State
for respondents 1 to 4
Mr.M.Sathya Kumar
for the petitioner in
impleading petition
(WMP No.16598 of 2021)
ORDER
(Made by The Hon'ble Chief Justice)
The writ petition pertains to Home Guards covered by the Tamil
Nadu Home Guards Rules, 1963, which is similar to the provisions in
other States, including in Union Territories.
2. The writ petition, filed in public interest, challenges
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W.P.No.3815 of 2021
G.O.Ms.No.115 dated December 19, 2019 to the extent that such
notification provides for a minimum of ten days' engagement for every
volunteer in course of a month.
3. The petitioner refers to a judgment reported at (2015) 6 SCC
247 [Grah Rakshak, Home Guards Welfare Association v. State of H.P.]
where the Supreme Court considered a plea for regularisation of the
services of the Home Guards. Paragraph 39 of the report is the
operative part of the order that requires State Governments to pay
duty allowance to Home Guards at a daily rate comparable to what the
salary of equivalent police personnel would be if projected over a
month. The prayers for regularisation of services and for grant of
regular appointments were declined.
3. There is also an application for impleadment. The applicant
desires that the volunteers be engaged on a regular basis since the
paltry amount earned from ten days may not be enough to run a
family or even permit subsistence living.
4. Since the applicant in the impleadment application espouses
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W.P.No.3815 of 2021
the same cause as the petitioner, there is no need to specifically
implead such applicant, though the relevant applicant has been heard
out on the merits of the matter.
5. In view of the Supreme Court judgment relied upon by the
petitioner, no case is made out for regularisation of the services of the
volunteers on home guard duty. It is also not possible to require
regular engagement of the volunteers. The State claims that usually it
is the Superintendent of Police in every district who monitors the
engagement of the volunteers and as per the impugned notification,
every volunteer is assured at least ten days' engagement in a month.
The State refers to the Rules of 1963 and emphasises that the service
is completely voluntary and the amount which is made over by the
State should be regarded more as an honorarium rather than as
compensation for the services rendered.
6. However, in view of the lack of employment opportunities,
there are several men and women who treat their engagement as
home guard as their source of income and sustain their families with
the income. There is no doubt that the entire system requires to be
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W.P.No.3815 of 2021
revamped. Though the State says that ten days' work is ensured for
every volunteer who signs up, there does not appear to be any basis
for selecting the personnel. It also does not appear that the rule of
minimum of ten days' per month applies to all personnel since there
are several home guards on regular duty, almost throughout the
month. These aspects have to be rationalised by the State. At least,
there must be no perception that some persons are selected for
greater engagement than others unless there are rules and criteria put
in place in such regard.
7. Though the Rules of 1963 deem the home guard duty to be a
voluntary service as in equivalent legislation or rules in other States,
there are several men and women who depend on such engagement
as the only source of livelihood. As much as the court will not interfere
in a matter of policy which has been reduced to writing in the
impugned notification published in December, 2019, the State should
ensure that every volunteer applying for home guard duty and found
eligible therefor is allotted at least ten full days' work per month in
terms of the relevant notification or work equivalent to a total
honorarium of Rs.5600/- being earned per month.
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W.P.No.3815 of 2021
8. As far as the petitioner and the applicant for impleadment are
concerned, it is hoped that the State enhances the daily rates on a
periodic basis and, certainly, each time that the salary of the police
personnel at the equivalent level is revised by the State.
W.P.No.3815 of 2021 is disposed of. There will be no order as to
costs. WMP Nos.16598 and 4364 of 2021 are closed.
(S.B., CJ.) (P.D.A., J.)
21.09.2021
Index : Yes/No
kpl
To:
1. Additional Secretary to Government
Home Department
Fort St. George, Chennai 600 009.
2. Director General of Police
Mylapore, Chennai 600 004.
3. Additional Director General of Police
Additional Commandment General
Home Guards
Chennai 600 004.
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W.P.No.3815 of 2021
4. The Secretary to Government
Home (Pol. 14) Department
Fort St. George
Chennai 600 009.
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W.P.No.3815 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.P.No.3815 of 2021
21.09.2021
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