PRAKASH KUMAR JENA & ORS. versus THE STATE OF ODISHA & ORS.

PRAKASH KUMAR JENA & ORS. versus THE STATE OF ODISHA & ORS.

The Court confirmed that Home Guards in Odisha are entitled to DCA at Rs.533 per day in conformity with this Court's decision in Grah Rakshak and the DG recommendation; the State's contention equating Home Guards' pay with contractual Constables' consolidated entry-level pay was rejected. However, considering the significant financial burden on the State, the Court limited payment of arrears at the Rs.533/day rate to commence from 01.06.2018 and ordered payment of arrears within three months.

Parties
Appellants: Prakash Kumar Jena & Ors.; Respondents: The State of Odisha & Ors.
Jurisdiction
India
Judgment Date
17 March 2023
Procedural Posture
Civil Appeal / Appeal Disposed
Outcome
Appeals disposed; appeals by State dismissed; appeals by Home Guards partly allowed
Legal Topics
Home Guards, Duty Call Up Allowance, Salary Arrears, Implementation of Supreme Court Directions
Service Law Administrative Law Home Guards Duty Call Up Allowance Salary Arrears Implementation of Supreme Court Directions

Case Brief

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Parties

Prakash Kumar Jena & Ors.

Appellants

The State of Odisha & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Disposed

Legal Issues

  1. 1 Whether Home Guards are entitled to Duty Call-up Allowance (DCA) at a rate equal to the daily equivalent of the minimum pay of police personnel as held in Grah Rakshak
  2. 2 Whether the State can treat Home Guards' pay as the same consolidated remuneration as contractual constables appointed under Odisha Group-C & Group-D (Contractual Appointment) Rules, 2013
  3. 3 From which date arrears of DCA at the directed rate are payable

Ratio Decidendi

The Court confirmed that Home Guards in Odisha are entitled to DCA at Rs.533 per day in conformity with this Court's decision in Grah Rakshak and the DG recommendation; the State's contention equating Home Guards' pay with contractual Constables' consolidated entry-level pay was rejected. However, considering the significant financial burden on the State, the Court limited payment of arrears at the Rs.533/day rate to commence from 01.06.2018 and ordered payment of arrears within three months.

Court Disposition

Appeals disposed; appeals by State dismissed; appeals by Home Guards partly allowed

Orders

  • Confirm payment of Duty Call-up Allowance (DCA) to Home Guards in Odisha at Rs.533 per day
  • Arrears at the rate of Rs.533 per day to be paid from 01.06.2018