Bhubaneswar: Orissa through the non-payment of dearness and washing allowances to home guards for more than a year has not only violated the directions of Supreme Court but also owes more than Rs 200 crore to the members of this auxiliary force.
Significantly, the apex court on Civil Appeal No 2759 dated March 11, 2015, in paragraph 22 has made it clear that all states should pay home guards duty allowances at rates equivalent of the monthly minimum that police personnel of the state are entitled to, as they too are deployed during emergencies and for other duties during the execution of which they are given the “power of police personnel”.
But even after this judgment, many states continued to ignore the direction of the court, following which home guards filed contempt petitions (Nos. 699-700 of 2015) seeking redressal. Notably, the Supreme Court May 4, 2016, gave a favourable verdict on those petitions and forwarded the order of justices Madan B Lokur and NV Ramana to all states, making it clear that the members of this auxiliary force are entitled to get dearness and washing allowances.
Following the court direction, states such as Delhi, Punjab, Himachal Pradesh, Uttar Pradesh and many others started releasing dearness and washing allowances to home guards. However, red tapism and involvement of top babus made the state ignore the court’s direction.
Currently, the state is paying Rs 240 per day to 17,675 home guards. However, as per the direction of the court the members of the auxiliary force are entitled to get more than `500 per day.
“The state is making a blatant violation of the Supreme Court order. The non-payment of the entitled salary also amounts to human rights violation. In fact, even after the court making it clear that they are entitled to get minimum pay of police personnel serving the state, the denial amounts to violation of equal pay for equal work,” said Gyanendra Kumar Tripathy, high court advocate and legal advisor of All Orissa Home Guards Association (AOHGA).
This injustice has brought home guards serving the state to street and they are protesting at Lower PMG for more than a year. Although they made several attempts to meet the top brass of the department, the top babus continued to ignore their request.
With the administration denying them permission for interaction, Upedra Mohapatra, president, AOHGA, informed the home department about the situation. SK Pradhan, deputy secretary to government, twice directed (Reference: HOME-HG-PG4-0001-2017) Commandant General, Home Guards to receive the memorandum from Mohapatra.
In fact, Orissa POST investigation found that home department was well aware of the issue and Binay Behera, then Commandant General, Home Guards November 11, 2016 informed Home Department about this issue.
“Duty Call Allowance of the Home Guard Volunteer will rise by [Rs 533 (per day salary) – Rs 240 (current salary)] Rs 293 per day per Home Guard…The annual financial implication would amount to Rs 189 crore if they are engaged 365 days a years,” said Behere in his letter addressed to principal secretary.
However, even after getting a clear cut instruction from Behera, the state continued to ignore the allowance to home guards for more than a year.
Notably, a further delay on this issue will not only invite contempt of court but also bring huge financial burden to the state. As per the seventh pay commission pay scale, the home guards would get about Rs 749 per day.
“We are fighting for our entitled salary and for us it is also issue dignity of labour. Although, we are working like police constable we don’t have any social security, pension or other allowance. Now, our only hope is the Chief Minister,” said Mohapatra.
Meanwhile top officials of the home department declined to comment on the issue, claiming that the issue is under consideration and necessary steps will be taken.
Jose K Joseph, OP
