Disposed

Lakheshwar Lal Sahu v. State of Chhattisgarh

Chhattisgarh HC6 Aug 2018WPS/1265/2018

Case brief

AI extract

What is this about?

Home Guards personnel across several districts sought directions to the State to implement Supreme Court directions on payment of duty allowance equal to the minimum of police pay, and to decide the Director General's proposals. The court found the proposals already considered, noted the increased honorarium, held nothing remained for adjudication and disposed of the petitions, leaving the petitio

What the court decided

AI extract

Lakheshwar Lal Sahu Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2018)

¶1

¶2

NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Reserved on 1-8-2018 Delivered on 6-8-2018

¶5

-WPS No. 7063 of 2017-

¶6

Jashpal Singh S/o Shri Pratipal Singh Aged About 32 Years Occupation - Home Guard No. 278 Working Under The Office of District Commandant Home Guards , Raipur District Raipur CG

¶7

Jageshwar Kumar Dhiwar S/o Shri Dayaram Dhiwar Aged About 29 Years Occupation Home Guards No. 666

¶8

Kamal Prasad Verma S/o Late Shri Vishram Verma Aged About 35 Years Occupation Home Guards No. 339

¶9

Gulshan Bhatt, S/o Shri Bijeshankar Bhatt Aged About 24 Years Occupation Home Guards No. 24

¶10

Rohit Nirmalkar S/o Shri Bisauha Ram Nirmalkar Aged About 38 Years Occupation Home Guards No. 400

¶11

The petitioners No. 2 to 5 are working under the office of District Commandant Home Guards Raipur District Raipur CG

¶12

Domendra Kumar Sahu S/o Shri Latkhor Ram Sahu Aged About 50 Years Occupation Home Guards No. 279 , Working Under The Office of District Commandant Home Guards Durg District Durg CG

¶13

Deepakchand Sahu S/o Late Shri Brijlal Sahu Aged About 57 Years Occupation V .P. C. No. 449 , Working Under The Office of District Commandant Home Guards Durg District Durg CG

¶14

Dhanraj Sahu S/o Late Shri Laxman Sahu Aged About 56 Years Occupation V .P. C. No. 100 , Working Under The Office of District Commandant Home Guards Kabirdham District Kabirdham CG

¶15

Brijendra Singh Chouhan S/o Late Shri Narendra Singh Chouhan Aged About 28 Years Occupation Home Guard No. 348 , Working Under The Office of District Commandant Home Guards Jagdalpur District Jagdalpur CG

¶16

10.Umesh Sahu S/o Shri Tularam Sahu Aged About 32 Years Occupation Home Guard No. 100, Working Under The Office of District Commandant Home Guards Baloda Bazar District Baloda Bazar Bhatapara CG

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---- Petitioners

¶18

Versus

¶19

State of Chhattisgarh Through Its Secretary Home Police Affairs Mahanadi Bhawan Mantralay, District New Raipur CG

¶20

The Secretary Finance Department Home Police Affairs Mahanadi Bhawan Mantralaya District New Raipur, CG

¶21

The Director General of Police, Home Guards Mana, District Raipur CG

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---- Respondents

¶23

-WPS No. 1176 of 2018-

¶24

Maniram Patel S/o Shri Tulsiram Patel, Aged About 38 Years Occupation Sainik No. (111)

¶25

Manoj Nirmalkar S/o Shri Ramji Nirmalkar, Aged About 38 Years Occupation Sainik No. (164)

¶26

¶27

Goverdhan Bariha S/o Shri Ramratan Bariha Aged About 49 Years Occupation Sainik No. (89)

¶28

Roshan Kumar Sinha S/o Shri Ghanshyam Sinha, Aged About 27 Years Occupation Sainik No. (91)

¶29

Naresh Yadaw S/o Shri Sukhram Yadaw, Aged About 44 Years Occupation Sainik No. (207)

¶30

Hemlal Chandrakar, S/o Shri Chintamani Chandrakar, Aged About 31 Years Occupation Sainik No. (165)

¶31

Sireesh Kumar S/o Shri Sheshdev Aged About 38 Years Occupation Sainik No. (209)

¶32

Krishna Kumar S/o Shri Punnilal Sinha, Aged About 41 Years Occupation Sainik No. (145)

¶33

Prashant Kalu S/o Shri Yogeshwar Kalu Aged About 33 Years Occupation Sainik No. (159)

¶34

10.Manish Kumar S/o Shri Bhishmdev, Aged About 34 Years Occupation Sainik No. (186)

¶35

Imran Khan S/o Shri Abdul Majid Khan, Aged About 39 Years Occupation Sainik No. (140)

¶36

12.Ghanshyam Sahu S/o Shri Chamanlal Sahu Aged About 33 Years Occupation Sainik No. (198)

¶37

13.Rupesh Kumar Nirmalkar S/o Shri Lekhram Aged About 32 Years Occupation Sainik No. (177)

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14.Jyoti Kahar D/o Shri Jawahar Kahar, Aged About 25 Years Occupation Sainik No. (184)

¶39

15.Geeta Kahar D/o Shri Jawahar Kahar, Aged About 32 Years Occupation Sainik No. (262)

¶40

All the petitioners are working under the office of District Commandant, Home Guards, Mahasamund, District Mahasamund CG

¶41

---- Petitioners

¶42

Versus

¶43

State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur CG

¶44

The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur CG

¶45

The Director General of Police, Home Guards, Mana, District Raipur CG

¶46

---- Respondents

¶47

-WPS No. 1196 of 2018-

¶48

Mahesh Kumar Dhidhi S/o Shri Pokhan Dhidhi, Aged About 31 Years Occupation Sainik No. (109)

¶49

Santosh Kumar, S/o Shri Manohar Lal Chandrakar, Aged About 49 Years Occupation Sainik No. (69)

¶50

Keshram Patel, S/o Shri Panchan Patel, Aged About 45 Years Occupation Sainik No. (87)

¶51

Suraj Chouhan S/o Shri Kamta Prasad, Aged About 38 Years Occupation Sainik No. (115)

¶52

Reshamlal Choudhary, S/o Shri Gopal Ram, Aged About 38 Years Occupation Sainik No. (162)

¶53

Thaneshwar Diwan, S/o Shri Panchram Diwan, Aged About 40 Years

¶54

¶55

Occupation Sainik No. (189)

¶56

Harihar Diwan, S/o Shri Sukhau Ram, Aged About 48 Years Occupation Sainik No. (98)

¶57

Samaruram Baghel, S/o Shro Tekram, Aged About 47 Years Occupation Sainik No. (219)

¶58

Malikram Gajendra, S/o S/o Shri Bishatram, Aged About 52 Years Occupation Sainik No. (42)

¶59

10.Lakhpati Sidar S/o Shri Kunjram Sidar, Aged About 48 Years Occupation Sainik No. (66)

¶60

Govind Singh Dhruw S/o Shri Roopsingh, Aged About 40 Years Occupation Sainik No. (180)

¶61

12.Sunil Mannade S/o Shri Malikram, Aged About 37 Years Occupation Sainik No. (126)

¶62

13.Ramnarayan Dhruw S/o Shri Devsingh Dhruw, Aged About 40 Years Occupation Sainik No. (171)

¶63

14.Chandraprakash Dhidhi S/o Shri Goverdhan Dhidhi, Aged About 34 Years Occupation Sainik No. (47)

¶64

15.Gopychand Patel S/o Shri Anujram, Aged About 40 Years Occupation Sainik No. (206)

¶65

16.Toshanlal Dhruw, S/o Shri Shivram Dhruw, Aged About 28 Years Occupation Sainik No. (174)

¶66

17.Liladhar Chandrakar, S/o Shri Ganguram, Aged About 38 Years Occupation Sainik No. (197)

¶67

18.Kuleshwar Chandrakar S/o Shri Ramsharan Chandrakar, Aged About 35 Years Occupation Sainik No. (113)

¶68

19.Dhunsingh S/o Shri Mangalsingh, Aged About 49 Years Occupation Sainik No. (85)

¶69

20.Suraj Donare S/o Shri Mansharam Dongare, Aged About 33 Years Occupation Sainik No. (221) All the petitioners are Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG

¶70

---- Petitioner

¶71

Versus

¶72

State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶73

The Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶74

The Director General of Police, Home Guards, Mana, District Raipur CG

¶75

---- Respondents

¶76

-WPS No. 1210 of 2018-

¶77

Dharnidhar Bhoi S/o Shri Sudarshan Aged About 53 Years Occupation N.K. No. 33

¶78

Yadu Kumar Mirdha S/o Shri Kirtan Mirdha, Aged About 52 Years Occupation N.K. No. 27

¶79

Hemant Kumar S/o Shri Ramchandra Sahu Aged About 52 Years Occupation L. Naik No. 154

¶80

Mahesh Kumar Pradhan S/o Shri Nilmani Prasad Aged About 54 Years Occupation Sainik No. 141

¶81

¶82

Goverdhan Singh Thakur S/o Shri Dakwar Singh Aged About 50 Years Occupation Sainik No. 38

¶83

Prem Singh Thakur S/o Shri Narayan Singh Aged About 51 Years Occupation Sainik No. 185

¶84

Virendra Kumar S/o Shri Nohar Parishwar Aged About 35 Years Occupation Sainik No. 192

¶85

Balkrishna Pradhar S/o Shri Kuber Pradhan Aged About 33 Years Occupation Sainik No. 160

¶86

Pradeep Pradhan S/o Shri Digreelala Pradhan Aged About 49 Years Occupation L. Naik No. 40

¶87

10.Ishwar Rana S/o Shri Ganghadhar Rana Aged About 48 Years Occupation Sainik No. 92

¶88

Jhashketan Bhoi S/o Shri Shankar Bhoi Aged About 54 Years Occupation L. Naik No. 44

¶89

12.Golochan S/o Shri Arkhit Aged About 49 Years Occupation Sainik No. 225

¶90

13.Rajesh Diwan S/o Shri Kaliram Diwan Aged About 40 Years Occupation Sainik No. 172

¶91

14.Rohit Kumar S/o Shri Vidhyadhar Pradhan Aged About 46 Years Occupation Sainik No. 90

¶92

15.Kashi Vishwanath S/o Shri Ramchandra Aged About 59 Years Occupation PCV No. 7

¶93

16.Tirthraj Thakur S/o Shri Ganeshram Thakur Aged About 41 Years Occupation Sainik No. 112

¶94

17.Gulab Chand Sahu S/o Shri Manbodh, Aged About 50 Years Occupation N.K. No. 25

¶95

18.Shivkumar Dhruw S/o Shri Panchram Dhruw Aged About 35 Years Occupation Sainik No. 196

¶96

19.Rakesh Kumar S/o Shri Satyanarayan Mishra Aged About 45 Years Occupation Sainik No. 214

¶97

20.Santosh Chandrakar S/o Shri Devsingh Chandrakar Aged About 45 Years Occupation Sainik No. 142

¶98

All petitioners are Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG

¶99

---- Petitioners

¶100

Versus

¶101

State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶102

The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶103

The Director General of Police, Home Guards, Mana, District Raipur, CG

¶104

---- Respondents

¶105

-WPS No. 1211 of 2018-

¶106

Shivshankar Sahu S/o. Shri Gaurang Sahu, Aged About 50 Years Occupation L Naik No. (35)

¶107

Lalaram Kurre, S/o. Shri Chintaram Kurre, Aged About 41 Years occupation Sainik No. (116)

¶108

Dhanesh Kumar Tandon, Shri Tejram, Aged About 38 Years

¶109

¶110

Occupation – Sainik No. (182 )

¶111

Rajesh Bahera, S/o. Shri Harihar Bahera, Aged About 31 Years Occupation – Sainik No. ( 167)

¶112

Kalyani Dhruw, D/o. Shri Vishram Singh Dhruw, Aged About 26 Years Occupation – Sainik No. ( 245)

¶113

Hirmati Dhruw, D/o. Shri Sadhuram Dhruw, Aged About 25 Years Occupation – Sainik No. ( 276)

¶114

Rewat Singh, S/o. Shri Kritram Pareshwar, Aged About 42 Years Occupation – Sainik No. (237 )

¶115

Nripati Lal Bhoi, S/o. Shri Lal Saheb, Aged About 48 Years Occupation – Sainik No. (79 )

¶116

Indrajit Pashayat, S/o. Shri Raguwa Pashayat, Aged About 55 Years Occupation – Sainik No. ( 22)

¶117

10.Laxmichand Kumar, S/o. Shri Pyarilal, Aged About 48 Years Occupation – L. Naik No. (46 )

¶118

Mukesh Pradhan S/o. Shri Kailash Pradhan, Aged About 44 Years Occupation – Sainik No. (224 )

¶119

12.Banshidhar, S/o. Shri Damodar, Aged About 48 Years Occupation – Sainik No. (227 )

¶120

13.Narendra Pradhan, S/o. Shri Saukilal Pradhan, Aged About 46 Years Occupation – Sainik No. ( 53)

¶121

14.Suresh Bariha, S/o. Shri Ramlal Bariha, Aged About 43 Years Occupation – Sainik No. ( 139)

¶122

15.Dashrath Sahu, S/o. Shri Prabhakar Sahu, Aged About 58 Years Occupation – NK No. (13)

¶123

All the petitioners are Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG

¶124

---- Petitioners

¶125

Versus

¶126

State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, Distt. Raipur CG

¶127

The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶128

The Director General of Police, Home Guards, Mana , District Raipur, CG

¶129

---- Respondents

¶130

-WPS No. 1265 of 2018-

¶131

Lakheshwar Lal Sahu S/o Shri Labodar Sahu Aged About 53 Years Occupation- HAV No. (16 )

¶132

Nandlal Bhoi S/o Shri Aadi Bhoi Aged About 53 Years OccupationHAV No. (18)

¶133

Digambar Bhoi S/o Shri Damru Bhoi Aged About 52 Years OccupationSainik No. (29)

¶134

Durbadar Kar S/o Shri Parmanand Kar Aged About 53 Years Occupation- Sainik No. (34)

¶135

Sewanand S/o Shri Jhasketan Pradhan Aged About 53 Years Occupation- Sainik No. (19)

¶136

Laxman Nand S/o Shri Siyanath Nand Aged About 55 Years Occupation- Sainik No. (36)

¶137

¶138

Hem Sagar Bhoi S/o Shri Pitamber Aged About 50 Years OccupationL. Naik No. (57)

¶139

Upendra Bhoi S/o Shri Ratnakar Bhoi Aged About 42 Years Occupation- Sainik No. (137)

¶140

Anurjay Matari S/o Shri Mathuram Aged About 41 Years OccupationSainik No. (123)

¶141

10.Sunil Sahu S/o Shri Sadanand Sahu Aged About 46 Years OccupationSainik No. (73)

¶142

Netro Ajgar S/o Shri Rankmani Aged About 39 Years OccupationSainik No. (148)

¶143

12.Chudamani S/o Shri Niranjan Sahu Aged About 49 Years OccupationSainik No. (49)

¶144

13.Dinesh Pradhan S/o Shri Subhash Chandra Pradhan Aged About 37 Years Occupation- Sainik No. (150)

¶145

14.Udhav Soni S/o Shri Rameshwar Soni Aged About 51 Years Occupation- Sainik No. (24)

¶146

15.Rajendra Pradhan S/o Shri Bhujo Pradhan Aged About 47 Years Occupation- L. Naik No. (71)

¶147

16.Dadulal Sidar S/o Shri Pyarilal Aged About 47 Years OccupationSainik No. (97)

¶148

17.Bhuwanlal Dhruw S/o Shri Janakram Aged About 54 Years Occupation- Sainik No. (84) All the petitioners are working under the office of District Commandant, Home Guards, Mahasamund, District- Mahasamund, CG

¶149

---- Petitioners

¶150

Versus

¶151

State of Chhattisgarh Through- Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District- New Raipur, CG

¶152

The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District- New Raipur, Chhattisgarh, District : Raipur, CG

¶153

The Director General of Police, Home Guards, Mana, District- Raipur, CG

¶154

---- Respondents

¶155

-WPS No. 1789 of 2018-

¶156

Tameshwar Sahu S/o. Shri Vishnu Prasad Sahu, Aged About 50 Years Home Guard, Sainik No. 222, R/o Lakhoki, Ward No. 34, Adarsh Chowk, Rajnandgaon Post District Rajnandgaon, CG

¶157

Panchram Mandavi S/o Late Shri Bhagwan Singh Mandavi, Aged About 43 Years Sainik No. 04, Occupation Working Under Office of District Commandant, Home Guard, District Rajnandgaon, CG

¶158

Shiv Shankar Janghel S/o Shri Videshi Ram Janghel, Aged About 54 Years Sainik No. 280, Occupation Working Under Office of District Commandant, Home Guard, District Rajnandgaon , CG

¶159

Babu Lal Mandavi S/o Late Shri D.R. Mandavi, Aged About 53 Years Sainik No. 281, Occupation Working Under Office of District Commandant, Home Guard, District Rajnandgaon, CG

¶160

---- Petitioner

¶161

Versus

¶162

State of Chhattisgarh Through Secretary Home Department

¶163

¶164

Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur, CG

¶165

The Secretary, Department of Home Police And Finance Chhattisgarh, Mahanadi Bhawan, Naya Raipur, District Raipur, CG

¶166

Director General Home Guard Head Quater Naya Raipur, District Raipur, CG

¶167

Divisional Commandant, Home Guard, Collectorate Premises Raipur, District Raipur, CG

¶168

District Commandant, Home Guard, District Rajnandgaon, CG

¶169

---- Respondents

¶170

-WPS No. 2332 of 2018-

¶171

Taman Lal Sahu S/o Chhannu Lal Sahu Aged About 58 Years Hawaldar No. 119, Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG

¶172

Nand Kishor Sinha S/o Thakur Ram Sinha, Aged About 41 Years Sainik No. 130, Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG

¶173

Sandeep Singh S/o Late Gopal Singh Aged About 35 Years Sainik No. 06 , Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG

¶174

Sant Ram Dewangan S/o Udhoram Dewangan Aged About 50 Years Occupation- Sainik No. 03, Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG

¶175

Bhagwati Prasad Mandavi S/o Shri Ram Prasad Mandavi Aged About 57 Years Sainik No. 200 , Occupation- Working Under Office of District Commandant Home Guard , District Rajnandgaon, CG

¶176

Prabhu Ram Uike S/o Budhram Uike Aged About 48 Years Sainik No. 185 , Occupation- Working Under Office of District Commandant Home Guard, District Rajnandgaon, CG

¶177

Uttam Lal Dhanendra S/o Late Shri Chandulal Dhanendra, Aged About 48 Years Sainik No. 91, Occupation- Working Under Office of District Commandant Home Guard, District Rajnandgaon, CG

¶178

Kamta Prasad Sahu S/o Late Shri K R Sahu Aged About 50 Years Sainik No. 52, Occupation- Working Under Office of District Commandant Home Guard, District Rajnandgaon, CG

¶179

---- Petitioners

¶180

Versus

¶181

State of Chhattisgarh Through Secretary Home Department Mantralaya Mahanadi Bhawan Naya Raipur District Raipur, CG

¶182

The Secretary, Department of Home Police And Finance Chhattisgarh Mahanadi Bhawan Naya Raipur District Raipur, CG

¶183

Director General, Home Guard Head Quarter Naya Raipur District Raipur, CG

¶184

Divisional Commandant, Home Guard, Collectorate Premises Raipur District Raipur, CG

¶185

District Commandant, Home Guard District Rajnandgaon, CG

¶186

---- Respondents

¶187

-WPS No. 3600 of 2018-

¶188

Kundan Kumar Sahu S/o Late Shri Tuman Lal Sahu, Aged About 36 Years Working As Sainik No. 05, Under Office of District Commandant

¶189

¶190

Home Guard District Rajnandgaon, CG

¶191

Tirath Das Kurre, S/o Chhabilal Kurre, Aged About 48 Years Working As Sainik No. 133, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶192

Beluram Mandavi S/o Kaluram Mandavi, Aged About 49 Years Working As Sainik No. 223, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶193

Vinod Kumar Sen S/o Late Madan Lal Sen, Aged About 53 Years Working As Sainik No. 259, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶194

Gend Lal Korram S/o Late Hirau Singh Korram Aged About 47 Years Working As Sainik No. 247, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶195

Mohan Lal Netam S/o Kapil Ram Netam, Aged About 51 Years Working As Sainik No. 206, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶196

Sanatram Markande, S/o Late Shri Tijauram, Aged About 44 Years Working As Sainik No. 231, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶197

Rohit Kumar Uike S/o Banauram Uike, Aged About 47 Years Working As Sainik No. 229, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶198

Ravi Kumar Verma S/o Kalaram Verma, Aged About 52 Years Working As Sainik No. 173, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶199

10.Raghunandan Singh S/o Late Shri Mukund Singh, Aged About 55 Years Working As Hawaldar No. 55, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶200

Chandrahas Sahu, S/o Gend Lal Sahu, Aged About 57 Years Working As Hawaldar No. 21, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶201

12.Shambhu Lal S/o Ajan Singh Aged About 50 Years Working As Sainik No. 250, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶202

13.Goutam Lal Sahu, S/o Late Shri Gend Lal Sahu, Aged About 52 Years Working As Sainik No.62, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶203

14.Sadhuram S/o Munna Ram, Aged About 45 Years Working As Sainik No. 188, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶204

15.Ravindra S/o Shri Johan Singh Thakur, Aged About 55 Years Working As Sainik No.143, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶205

16.Tirath Netam S/o Late Shri Nyaik Netam, Aged About 50 Years Working As Sainik No. 227, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶206

17.Johar Lal Sinha S/o Shri Gadi Ram Sinha, Aged About 51 Years Working As Sainik No. 243, Under Office of District Commandant Home Guard District Rajnandgaon, CG

¶207

18.Gend Lal Modghere S/o Late Shri Moti Lal Modghere, Aged About 59 Years Working As Hawaldar No. 22, Under Office of District Commandant Home Guard District Rajnandgaon, CG ---- Petitioners

¶208

¶209

Versus

¶210

State of Chhattisgarh Through Secretary Home Department, Mantralaya, Mahanadi Bhawan Naya Raipur, District Raipur, CG

¶211

The Secretary, Department of Home Police And Finance Chhattisgarh, Mahanadi Bhawan, Naya Raipur, District Raipur, CG

¶212

Director General, Home Guard Head Quater Naya Raipur, District Raipur, CG

¶213

Divisional Commandant, Home Guard, Collectorate Premises Raipur, District Raipur, CG

¶214

District Commandant, Home Guard, District Rajnandgaon, CG

¶215

---- Respondents

¶216

-WPS No. 7065 of 2017-

¶217

Narendra Singh Dhruw S/o Shri Mohan Lal Dhurw Aged About 30 Years Occupation- Home Guard No. 259 Working Under The Office of District Commandant, Home Guards, Gariyaband, District Gariyaband, CG

¶218

Bhauram Sahu S/o Shri Jhundhuram Sahu Aged About 51 Years Occupation Naik No. 464

¶219

Narendra Koshley S/o Late Shri Tiharuram Koshley, Aged About 50 Years Occupation Naik No. 593

¶220

Dhananjay Sinha S/o Shri Radheshyam Sinha Aged About 32 Years Occupation Home Guard No. 382

¶221

Umesh Chandrakar S/o Shir Domar Singh Chandrakar Aged About 25 Years Occupation Home Guard No. 314

¶222

Tomeshwar Sahu S/o Shri Dhuruwa Ram Sahu Aged About 26 Years Occupation Home Guard No. 587

¶223

Gajendra Kumar Bhoi S/o Late Shri Padman Bhoi Aged About 33 Years Occupation Home Guard No. 538

¶224

Ku. Lalita Futan D/o Shri Agnuram Futan Aged About 29 Years Occupation Home Guard No. 648

¶225

Smt. Savita Nishad W/o Late Shri Chetan Nishad Aged About 45 Years Occupation Home Guard No. 90

¶226

10.Damodar Prasad Verma S/o Late Shri Laxman Prasad Verma Aged About 23 Years Occupation Home Guard No. 07

¶227

---- Petitioners

¶228

Versus

¶229

State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralaya, District New Raipur, CG

¶230

The Secretary Finance Department, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶231

The Director General of Police, Home Guards, Mana, District Raipur, CG

¶232

---- Respondents

¶233

-WPS No. 7071 of 2017-

¶234

Tokeshwar Sahu S/o Shri Ganguram Sahu, Aged About 29 Years Occupation Home Guard, No. 643

¶235

Durgesh Chandrakar, S/o Shri Mohan Chandrakar, Aged About 25 Years Occupation- Home Guard No. 612

¶236

¶237

Mulchand Padhre, S/o Shri Heerasingh Padhre, Aged About 25 Years Occupation- Home Guard No. 197

¶238

Bharat Ram Dhruw, S/o Late Shri Bahur Singh Dhurw, Aged About 30 Years Occupation- Home Guard No. 294

¶239

Tarun Dhurvey, S/o Shri Mannu Lal Dhurvey, Aged About 30 Years Occupation- Home Guard No. 342

¶240

Hemant Kumar Sahu, S/o Shri Manharan Lal Sahu, Aged About 29 Years Occupation- Home Guard No. 598

¶241

Ageshwar Banswar, S/o Shri Ramkumar Banswar, Aged About 26 Years Occupation- Home Guard No. 194

¶242

Dushyant Sahu, S/o Shri Ramkishun Sahu, Aged About 27 Years Occupation- Home Guard No. 163

¶243

Dilip Dhruw, S/o Shri Nakul Dhruw, Aged About 28 Years OccupationHome Guard No. 186

¶244

10.Naresh Sahu, S/o Shri Milau Ram Sahu, Aged About 32 Years Occupation- Home Guard No. 591 All the petitioners are working under the office of District Commandant, Home Guard, Raipur, District Raipur, CG

¶245

---- Petitioners

¶246

Versus

¶247

State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahandi Bhawan, Mantralay, District New Raipur, CG

¶248

The Secretary, Home Police And Finance, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶249

The Director General of Police, Home Guards, Mana, District Raipur, CG

¶250

---- Respondents

¶251

-WPS No. 7072 of 2017-

¶252

Suman Lal Sahu S/o Late Shri Heeraram Sahu Aged About 55 Years Occupation Constable No. 12 Working Under The Office of District Commandant, Home Guards, Rajnandgaon District Rajnandgaon, CG

¶253

Smt. Komeshwari, W/o Shri Jageshwar Kumar Dhiwar, Aged About 26 Years Occupation Home Guards, No. 310

¶254

Smt. Hembai Sahu W/o Shri Kewal Ram Sahu, Aged About 29 Years Occupation Home Guards No. 315

¶255

Rekhuram Agrawani S/o Shri Lakhes Ram Agrawani, Aged About 25 Years Occupation Home Guard No. 394

¶256

Petitioners No. 2 to 4 are working under the office of District Commandant, Home Guards, Gariyaband, District Gariyaband, CG

¶257

Khemraj Chandrakar S/o Shri Gaind Lal Chandrakar, Aged About 29 Years Occupation Home Guard No. 26 Working Under The Office of District Commandant, Home Guards, Mahasamund, District Mahasamund, CG

¶258

Kundan Sinha S/o Shri Mannu Lal Sinha, Aged About 38 Years Occupation Home Guard No. 81 Working Under The Office of District Commandant, Home Guards, Durg District Durg, CG

¶259

Chintaram S/o Late Shri Bodhan Ram Aged About 53 Years Occupation Home Guards, No. 131

¶260

Birbal Ram Sahu S/o Shri Rama Sahu, Aged About 50 Years

¶261

¶262

Occupation Home Guards, No. 124

¶263

Naindas Sahu, S/o Shri Bharat Das Sahu, Aged About 50 Years Occupation Home Guards No. 26

¶264

10.Madan Lal Sahu S/o Late Shri Jeetram Sahu, Aged About 41 Years Occupation Home Guards No. 25

¶265

Komal Ram Chandel S/o Shri Mayaram Chandel, Aged About 52 Years Occupation Home Guards No. 278

¶266

12.Budhdheshwar Prasad S/o Late Shri Shyam Sunder, Aged About 52 Years Occupation Naik No. 15

¶267

13.Rupendra Mishra S/o Shri Narendra Mishra, Aged About 28 Years Occupation Home Guards No. 39

¶268

the petitioners No. 7 to 13 are working under the office of District Commandant, Home Guards, Rajnandgaon, District Rajnandgaon, CG

¶269

---- Petitioners

¶270

Versus

¶271

State of Chhattisgarh Through Its Secretary, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶272

The Secretary Finance Department, Home Police Affairs, Mahanadi Bhawan, Mantralay, District New Raipur, CG

¶273

The Director General of Police, Home Guards, Mana, District Raipur, CG

¶274

---- Respondents

¶275

Shri Prakash Twiari and Shri Varunendra Mishra, Adv. for their respective petitioners.

¶276

Shri R.K. Gupta, Dy. Adv. General for the State.

¶277

CAV ORDER

¶278

Hon'ble Shri Justice Sharad Kumar Gupta

¶279

As these petitions involve identical question for decision, they are being disposed of by this common order. For convenience, WPS No. 7063/2017 (Jashpal Singh and others -v- State of Chhattisgarh and others) is being taken as leading case.

¶280

The petitioners preferred these writ petitions seeking the relief to direct the respondent No. 1 to implement the order / judgment passed by Hon'ble Supreme Court in various petitions with effect from 1-1-2011, and to consider the various memo sent by the respondent No. 3 as Annexure P-5.

¶281

Counsel for the petitioners argued that the respondent No. 1 is not complying with the judgment of the Hon'ble Supreme Court dated 113-2015 Annexure P-3 which has been clarified by the Hon'ble Supreme Court on 4-5-2016 vide Annexure P-4, he has also not decided the various memo written by respondent No. 3.

¶282

The Dy. Advocate General appearing for the respondents No. 1 and 2

¶283

¶284

argued that proposals of the respondent No. 3 were rejected because State Government has created a cadre of Assistant Constables in the year 2012. The State government is paying honorarium of Rs. 13,458/- per month to those Assistant Constables who are posted in highly affected nexal areas. The Government of Chhattisgarh in true spirit complied with the judgment of Hon'ble Supreme Court and increased the honorarium of Home Guards from Rs. 10,000/- to Rs. 13,200/-.

¶285

The Hon'ble Supreme Court in the order in the matter of Grih Rakshak Home Guards Welfare Association -v- State of Himachal Pradesh and others passed in Civil appeal No. 2759/2015 dated 11-3-2015 Annexure P-3 observed in para No. 22 which reads as under :-

¶286

“22.In view of the discussion made above, no relief can be granted to the appellants either regularization of services or grant of regular appointments hence no interference is called for against the judgments passed by the Himachal Pradesh, Punjab and Delhi High Courts. However, taking into consideration the fact that Home Guards are used during the emergency and for other purposes and at the time of their duty they are empowered with the power of police personnel, we are of the view that the State Government should pay them the duty allowance at such rates, total of which 30 days (a month) comes to minimum of the pay to which the police personnel of State are entitled. It is expected that the State Governments shall pass appropriate orders in terms of aforesaid observation on an early date preferably within three months.”

¶287

The Hon'ble Supreme Court in the matter of Tej Singh and others -vSarvesh Kaushal and another passed in Contempt petition (c) No. 699-700/2015 in Civil appeal No. 2782-2783/2015 dated 4-5-2016 Annexure P-4 observed as under :-

¶288

“Accordingly, we make it clear that the word “minimum of the pay” used in paragraph 22 of the judgment and order dated 11th March, 2015 means the basic pay + grade pay + dearness allowance + washing allowance.”

¶289

Section 9 of the Chhattisgarh Auxiliary Armed Police Force Act, 2011 reads as under:-

¶290

“Section 9 - Remuneration allowances, etc.-

¶291

(1) Every member of the force shall be paid fixed remuneration

¶292

¶293

as prescribed by the State Government; and such dearness allowance and special naxal area allowance as admissible to the Chhattisgarh Police Executive Force, Constable (GD). Any other allowances may also be paid to the member of the force as ordered by the State Government from time to time.

¶294

(2) Other conditions of service of members of the force shall be such as may be prescribed.”

¶295

Rule 5 of the Chhattisgarh Auxiliary Armed Police force (Recruitment, Training, Remuneration, and other Allowances, Condition of Service, Conduct and Control) Rules , 2011 reads as under :-

¶296

“ Rule 5 Remuneration, etc. :- The members of the force shall be paid remuneration as fixed by the order issued by the State Government from time to time under sub-section (1) of Section 9 of the Act:

¶297

Provided that, it shall not be less than Rs. 3500/- (Rs. Three thousand five hundred) per month:

¶298

Provided further, that on the basis of above remuneration they shall be paid dearness allowance and Special Naxal Area Allowance as admissible to the Police Executive Force Constable (GD) of the concerned district for the time being in force, as provided under sub-section (1) of Section 9 of the Act. Any other allowance may also be paid to the members of the force as ordered by the State Government from time to time.”

¶299

As per the Annexure R-3 pay allowance of Asstt. Constable is as under :-

¶300

Pay Allowance of Asst. Constable

¶301

District/Unit	PAY	DA(136%)	PAA	UA	FIX TA	Jokhi Allow	m ance
1. All. Distt. of Bastar Range, Madanwada, Aundhi, Mohla, Manpur, Chilhati, Khadgaon, Sitagaon, Kohka police stations and Ambagarh Chowki of Rajnandgaon Dist. and SIB	4300	5848	100	60	1000	50%, and as govt. order	35% 20% per
2. Rest all units	3500	4760	100	60	1000	50%, and as govt. order	35% 20% per

¶302

10.As per the letter of Home Department, Government of CG dated 21-6-

¶303

¶304

2017 Annexure R-2 the honorarium of the Home Guards Sainik has been increased from Rs. 10,000/- per months upto Rs. 13,200/- per month.

¶305

Looking to the above mentioned facts and circumstances, this Court finds that if petitioners had the grievance that aforesaid judgment/ order of Hon'ble Supreme Court has not been complied with by the respondent No. 1 then they may approach in the proper forum available to them under the law.

¶306

12.In para 5 and 6 of the reply it has been pleaded that proposals of the respondent No. 3 have been rejected giving the reasons. Annexure P- 5 is the repetition of earlier proposal, which has been already considered by respondent No. 1.

¶307

13.Now nothing remains for this court for adjudication. Hence, the writ petition is accordingly disposed of.

¶308

Sd/(Sharad Kumar Gupta) Judge

¶309

pathak

Lakheshwar Lal Sahu v. State of Chhattisgarh

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Lakheshwar Lal Sahu v. State of Chhattisgarh

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