The Supreme Court in the case of Prakash Kumar Jena And Ors. v. State of Odisha And Ors, observed that “the issue of whether the Home Guards working in the State are entitled to Duty Allowance as per the minimum amount of pay to which the police personnel in the State are entitled is settled by the order passed in Grah Rakshak.” The Apex Court had directed the payment of minimum pay, which would include, mean basic pay, grade pay, dearness allowance and washing allowance. However, the Court clarified that the pay would not be given every month, but concerning each day of work put in by the Home Guard.
In the instant matter, the home guards based on the judgement given in Grah Rakshak, Home Guards Welfare Association v. State of Himachal Pradesh And Ors, filed a writ petition seeking direction to the State of Odisha to disburse their salary. The single-judge bench of the High court allowed the relief. Against the order, the state appealed before the division bench of the HC.
The Supreme Court further directed the state government to pay duty allowance to the Home Guards at such rates, a total of which 30 days (a month) comes to the minimum of the pay to which the police personnel of the State are entitled. Accordingly, the State Governments were directed to pass orders within three months. In the subsequent clarificatory order, the Apex Court had directed the payment of minimum pay, which would include, mean basic pay, grade pay, dearness allowance and washing allowance.