Supreme Court Orders Payment of Duty Call-up Allowance to Odisha Home Guards
In a landmark judgment, the Supreme Court of India has directed the State of Odisha to pay Duty Call-up Allowance (DCA) to Home Guards at a rate of Rs. 533 per day, starting from the date of filing the writ petition. The judgment, delivered on March 17, 2023, by a bench comprising Justices M. R. Shah and M. M. Sundresh, affirmed the rights of Home Guards to receive fair compensation for their services. The Court emphasized that the payment should be in accordance with the minimum pay given to police personnel in the state.
The judgment, arising from the case of Prakash Kumar Jena & Ors. v. The State of Odisha & Ors., stemmed from a writ petition filed by Home Guards who had served for over 10 to 15 years. The petition sought salary disbursement as per a previous Supreme Court decision in the case of Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh.
In its ruling, the Supreme Court noted, “The State of Odisha cannot be permitted to now submit that as contractual Constables appointed under Rule 2013 are being paid a fixed lump sum amount at the entry level, the Home Guards after rendering 10 to 15 years of service also shall be entitled to the same fixed salary. The aforesaid stand would be just contrary to the directions issued by this Court in the case of Grah Rakshak (supra) and the subsequent clarificatory order.”
The Court further added, “The Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State, and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled, considering periodical increase from time to time.”
With this judgment, the Supreme Court has ensured that the Home Guards in Odisha will receive fair compensation for their dedicated service. The ruling sets a significant precedent, upholding the rights of Home Guards and establishing clear guidelines for the payment of DCA.
Date of Decision: March 17, 2023
PRAKASH KUMAR JENA & ORS. vs THE STATE OF ODISHA & ORS.
