STATE OF KERALA V AJAYAKUMAR V, 2024 (KER) 387
FACTS: The Kerala Administrative Tribunal issued an order granting relief to the Home Guards in the State, relying on the decision in Grah Rakshak where the Supreme Court considered the working conditions of Home Guards across various states, including Himachal Pradesh, Bombay, and NCT of Delhi. In that case, the Supreme Court held that Home Guards are entitled to duty allowance at least equivalent to the minimum pay of police personnel in the respective states. Displeased by the Tribunal's order granting parity in pay between Home Guards and Police Constables, the State Government has appealed to the High Court.
ISSUES: Whether Home Guards are considered police officers and fall under the purview of the Police Act?
OBSERVATION: The Court observed that the Kerala Home Guards Act, 1960 and its Rules were enacted to deploy Home Guards for emergencies, firefighting, rescue operations, traffic control, and other duties within the State. The maximum number of Home Guards allowed in the State was capped at 3000. It noted that Home Guards are currently engaged on a daily wage basis. The Court further noted that Home Guards receive a stipend for each day of duty and are not eligible for additional allowances such as TA/DA, except for uniform allowance.
The Kerala High Court clarified that Home Guards are appointed on a daily wage basis, and their recruitment and selection process differs from that of Civil Police Officers. However, the Court emphasized that the State is obligated to revise the daily wages of Home Guards to match the minimum wages paid to Police personnel whenever there is an increase in the latter's minimum wages.
