On 17 March 2023, While hearing the Prakash Kumar Jena & Ors. vs. The State of Odisha & Ors. case, the Supreme Court dismissed the order passed by the Division Bench of the High Court restricting the home guard’s benefit of DCA (Duty Call Allowance) at Rs.533/ per day from January 2020. The bench comprising Justice M.M. Sundresh and Justice M.R. Shah stated that “ the arrears shall be paid within a period of three months from today.” The top Court further added that “It goes without saying that 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.”
In this case, the original writ petitioners were working as Home Guards whereas after rendering 10 to 15 years of service, they filed the writ petition before the learned Single Judge for a direction to the State to disburse their salary as per the direction of Supreme Court in the case of Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh and others. The learned Single Judge following the decision of SC in the case of Grah Rakshak allowed the said writ petition directing the State Government to implement the recommendations. The learned Single Judge further directed that the Home Guards in the State of Orissa pending decision under final fitment be paid provisionally at the minimum Rs.500/ from January 2020. The original writ petitioners (home guards) were dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court therefore, they filed a writ petition against the decision before the Supreme Court. As a result, the bench dismissed the previous verdict and ordered them to pay within three months from March 17, 2023.
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