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Supreme Court of India · 17/03/2023

PRAKASH KUMAR JENA & ORS. versus THE STATE OF ODISHA & ORS.

[2023] 5 S.C.R. 490 · 2023 INSC 254

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Summary

Home Guards in Odisha sought duty call-up allowance at the rate directed in Grah Rakshak, a daily rate whose monthly total equals the minimum pay of police constables, which the State's Director General had in November 2016 recommended as Rs. 533 per day. A Single Judge of the Orissa High Court so directed from that date; the Division Bench affirmed but only from January 2020, and both sides appealed. The Supreme Court upheld the rate, rejecting the State's plea that contractual entry-level constables draw only a consolidated Rs. 9,000, since the benchmark is the minimum pay on regular appointment; it found no basis for the Division Bench's cut-off but, given the financial burden, fixed arrears from the filing of the writ petition on 1 June 2018, with periodic revision.

Issues

  1. Whether Home Guards in Odisha are entitled to duty call-up allowance of Rs. 533 per day computed with reference to the minimum pay of regular police constables, as recommended by the Director General in compliance with Grah Rakshak, notwithstanding that constables appointed on contract under the Odisha Group-C and Group-D (Contractual Appointment) Rules, 2013 draw a lower consolidated remuneration, and from what date.

Provisions considered

Held

Result

State's appeals dismissed with modification and Home Guards' appeals partly allowed; direction to pay duty call-up allowance of Rs. 533 per day confirmed, arrears payable from 01.06.2018 within three months, and the allowance to be periodically increased with reference to the minimum pay of the State's police personnel; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 490.