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SUPREME COURT OF INDIA
M.R. Shah, B.V. Nagarathna, JJ.
Prakash Kumar Jena & Ors. – Appellants
Versus
The State of Odisha & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 12485 of 2020
Decided On : 12-05-2022
Exploitation - Home Guards - Not specified - The court discussed the disparity in payment between Home Guards and other Police Personnel in the State of Odisha. The court directed the State Government to reconsider its decision of paying Rs.9,000/- per month to the Home Guards.
Fact of the Case:
The court noted the significant pay disparity between Home Guards and other Police Personnel in the State of Odisha, highlighting the exploitation of Home Guard Personnel receiving only Rs.9,000/- per month.
Finding of the Court:
The court found that the payment of Rs.9,000/- per month to Home Guards was exploitative and directed the State Government to reconsider its decision.
Issues: The issue revolved around the disparity in payment between Home Guards and other Police Personnel, and the potential exploitation of Home Guard Personnel.
Ratio Decidendi: The court's decision was influenced by the disparity in payment and the recognition of the similar duties performed by Home Guards and other Police Personnel, leading to the conclusion that the payment of Rs.9,000/- per month was exploitative.
Final Decision: The court directed the State Government to reconsider its decision of paying Rs.9,000/- per month to the Home Guards.
ORDER
1. We have heard the learned counsel appearing for the parties.
2. It is not in dispute that the Home Guards in the State of Odisha are being paid only Rs.9,000/- per month (@ Rs.300/- per day). It is also not in dispute that many of the Home Guards are working since more than 15 years. The other Police Personnel in the State are getting approximately Rs.21,700/- + D.A. as per the recommendations made by the Seventh Pay Commission (after 6 years of their contractual appointment)
3. To pay Rs.9,000/- p.m. is nothing but an exploitation. How a Home Guard Personnel can survive and maintain his family members on payment of Rs.9,000/- p.m. only when he is performing almost the same/similar duties which is performed by other Police Personnel.
4. Therefore, we direct the State Government to reconsider its earlier decision of paying Rs.9,000/- p.m. only to the Home Guards.
5. Put up on 19.05.2022.
Exploitation of Home Guard Personnel due to significant pay disparity and the need for the State Government to reconsider its decision.
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