Home Guards entitled to daily allowance matching the minimum pay scale of State police personnel.

The petitioners, serving as Home Guards in the State of Gujarat, filed a writ petition under Article 226 of the Constitution of India.

They sought directions to be treated as regular Government employees until the age of 58, including the receipt of regular pay scales (Basic, DA, and allowances).

Historically, their daily allowance was increased from ₹200 to ₹300 in 2017, and subsequently to ₹450 via a Resolution dated 02.11.2022.

The petitioners contended that this amount is significantly lower than the minimum pay scale of the feeder cadre police personnel, violating the directives of the Supreme Court and the Ministry of Home Affairs.

Whether the State is mandated to pay Home Guards a duty allowance equivalent to the minimum of the pay (including basic pay, grade pay, DA, and washing allowance) entitled to State police personnel?

Whether the State's refusal to further increase the daily allowance, pending a contemplated review petition, constitutes arbitrary action under Article 14 of the Constitution?

The court primarily applied the directions of the Hon’ble Supreme Court in Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh and Others (2015) 6 SCC 247, which held that Home Guards should be paid duty allowances such that thirty days' worth equals the minimum pay of State police personnel.

It also relied on the Ministry of Home Affairs letter dated 20.03.2020, which defined "minimum pay" as Basic Pay + Grade Pay + DA + Washing Allowance.

Furthermore, the court applied the principles of Article 14 regarding "fairness in action" and "non-arbitrariness" as enunciated in Union of India vs. International Trading Company (2003) 5 SCC 437.

The Court observed that while the State increased the allowance to ₹450, it did so based on 2018 calculations that were already outdated.

The State's own data indicated that a Police Constable’s minimum daily salary was approximately ₹631 in 2018 and currently ranges between ₹21,000 to ₹25,000 per month; thus, the ₹450 allowance is demonstrably lower than the "minimum pay" standard.

The Court rejected the State's defense that the service is "voluntary," noting that the Supreme Court's mandate prevails over such distinctions.

Crucially, the Court lambasted the State's refusal to reconsider the allowance on the grounds of a contemplated review petition—especially since the Union of India's review petition on the same issue had already been dismissed—labeling this stance as "tyranny" and "arbitrariness" by a "model employer."

It held that the State’s current allowance structure is arbitrary and violates Article 14.

The Court directed the respondent-State to increase the daily allowance of Home Guards from ₹450 to match the current minimum pay (Basic + DA + Allowances) received by State police personnel.

The competent authority must take this decision and pass appropriate orders/resolutions within one month of the receipt of the judgment.

Rule was made absolute to this extent.