Compliance with court orders is essential, and while current salaries must be paid, payment of arrears is contingent on the outcome of pending appeals.

JUDGMENT :

S.N. PATHAK, J.

Pursuant to order dated 18.10.2024, Mr. Anurag Gupta, Director General-cum-Inspector General of Police, Jharkhand is present to assist this Court and he submits that he has nothing to do with the affairs of Home Guard and the Director General of Home Guard has to take decision in the matter of Home Guards. Thereafter, pursuant to order dated 06.01.2025, Director General, Home Guard, Jharkhand is also present before this Court physically to assist this Court.

2. These contempt applications have been filed by the petitioners for non-compliance of order dated 25.08.2017 passed in W.P.(S) No. 582 of 2017 and order dated 14.01.2020 passed in W.P.(S) No. 2144 of 2017, whereby there was a direction to the opposite parties to consider the cases of the petitioners and other Home Guards of the State by giving them the benefits in view of the order of the Hon’ble Apex Court passed in Cont. Petition (Civil) No. 699-700 of 2015 arising out of Civil Appeal No. 2782-2783 of 2015 regarding minimum of the pay + grade pay + dearness allowance + washing allowance. The said order was tested by the opposite parties upto to the Hon’ble Supreme Court in S.L.P. (Civil) No. 25654 of 2023, which resulted in dismissal of the same. A review application was also filed before the Hon’ble Apex Court in Review Petition (Civil) Diary No. 15239 of 2024, which was also dismissed. As such, specific direction was given to the opposite parties for compliance of the order.

3. Mr. Rajiv Ranjan, learned Advocate General representing the State submits that the amounts towards current salary of the Home Guards have already been released and the Home Guards are getting current salary regularly. So far as payment of arrears is concerned, learned Advocate General submits that since there is huge financial implication, the same has to be first decided by the State Government. It has also been brought to the notice of this Court that the State has preferred appeals against the order dated 18.10.2024 passed in these contempt applications, being L.P.A. No. 97 of 2025 and L.P.A. No. 103 of 2025.

4. This Court is of the view that since the matter has been set at rest up to the Hon’ble Apex Court, nothing remains to be decided afresh. While passing the order on 18.10.2024, this Court was fully aware about the direction given to the State Government considering every aspects of the matter and has clearly observed that no interference is warranted in the matter, as the same has been tested upto the Hon’ble Apex Court.

5. Admittedly, huge financial burden are there for making payment of revised arrears to the Home guards. As such, this Court is of the view that the petitioners and other Home Guards of the State are entitled for arrears at least from the date of passing of the order. In Civil Appeal No. 8837 of 2022 with Civil Appeal No. 8838 of 2022, which are similar nature of cases arising out of Orissa High Court, the Hon’ble Apex Court has clearly observed that arrears shall be paid from 01.06.2018.

6. At this stage, learned Advocate General submits that since the State has already preferred letters patent appeals, it would be apposite to wait for outcome of these appeals.

7. This Court considering the gravity of the matter has already passed the order for payment of arrears of salary from the date of order of the Court. However, on the submission of the learned Advocate General, payment of arrears of salary shall be made subject to outcome of the letters patent appeals preferred by the State. So far as current salary is concerned, the same is directed to be paid to the petitioners and other Home Guards of the State regularly in the enhanced pay scale, as per order dated 25.08.2017 passed in W.P.(S) No. 582 of 2017 and order dated 14.01.2020 passed in W.P.(S) No. 2144 of 2017.

8. The physical appearances of Mr. Anurag Gupta, Director General-cum-Inspector General, Jharkhand and Mr. Anil Palta, Director General, Home Guards are hereby dispensed with.

9. Before p