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2024 Supreme(Ker) 513

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
State Of Kerala – Appellant
Versus
Ajayakumar. V – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SR.GOVERNMENT PLEADER SHRI A.J.VARGHESE
For the Respondent: JINSON OUSEPH, S.VIJAYAN, V.PRINCE DEV, C.RAJESWARA KUMAR, CHITRA VIJAYAN, BASIL MECHERY, NIMISHA GEORGE, AMALENDU N.S.

JUDGMENT :

A.Muhamed Mustaque, J.

The State has come up with this original petition aggrieved by the direction in an application filed by the respondents who are Home Guards working in the State, challenging a government order repelling the request for parity in pay with that of Police Constable in the light of the judgment of the Apex Court in Home Guards Welfare Assn. v. State of H.P. [ (2015) 6 SCC 247] (for short, the ‘Grah Rakshak case’)

2. The Tribunal granted the following reliefs:

i. Home Guards in the State are entitled to periodical revision of wages in tune with the pay revision orders issued from time to time.

ii. Home Guards are entitled for monthly wages equal to the minimum wage of the scale of pay attached to the post of Civil Police Officer.

3. The Home Guards are currently engaged on a daily wage basis. The State enacted the Kerala Home Guards Act, 1960 for use in emergencies and for other purposes in the State of Kerala. The Government also established Home Guard Rules to regulate the engagement of Home Guards. Based on these Act and Rules, the Government issued an order dated 26/11/2009 implementing a scheme for the engagement of Home Guards. The maximum number of Hom

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