JUDGMENT :

1. All the above noted writ petitions are being decided by means of this common order. For the sake of convenience Writ – A No. 2829 of 2022 is being taken up as a leading case.

2. The petitioner in all the writ petitions are selected and are posted in Prantiya Rakshak Dal (PRD) in several districts and seek parity in terms of the benefits as are being paid to Home Guards appointed in a manner similar to the petitioners and under the provisions of an Act, which is similar being The Uttar Pradesh Home Guards Adhiniyam, 1963.

3. The facts, in brief, are that the petitioners were selected and posted in the Prantiya Rakshak Dal in terms of the mandate of United Provinces Rakshak Dal Act, 1948 as amended. It is argued that the said Prantiya Rakshak Dal was enacted in the year 1948 for constitution of a force known as ‘U.P. Prantiya Rakshal Dal/Vikas Dal’ for the preservation of public peace, training of men in the use of arms inculcate self-help and discipline and the protection of the life of community and property within the Uttar Pradesh.

4. It is argued that on the similar lines, an act known as ‘Uttar Pradesh Home Guards Adhiniyam Adhiniyam, 1963’ was enacted for providing for constitution of a force known as Uttar Pradesh Home Guards for utilizing their services for duties in the time of emergency and serving as an auxiliary to the police for the maintenance of land and order. It is argued that although the Act provide for creation of Rakshak Dal/Vikas Dal for preservation of public peace and training of men in arms as an auxiliary force, however, their services are availed during normal time also and during local or national emergency. It is argued that even a dress is prescribed for the members of the Dal. It is argued that the Prantiya Rakshal Dal comes under the Yuwa Welfare Department of the State Government and is called as ‘Pradeshik Vikas Dal’ and several government orders have been issued from time to time regarding providing the duty and payment to the members of the said Dal. Attention has been drawn to the Government Orders issued to the District Magistrate as contained in Annexure – 2 to the writ petition.

5. The petitioners in all the petitions have undergone the required training and have obtained the certificate and are discharging their duties time to time whenever required to do so by the government. Reliance is also placed on the government orders issued regarding the duties and conduct of the members of the Dal. It is argued that the Home Guards appointed under the Uttar Pradesh Home Guards Adhiniyam as well as the once under the Prantiya Rakshak Dal were being paid daily duty allowance at the same rate at Rs.126/- per day till 2009, however, in the year 2010, the allowance payable to the Home Guards Jawans were increased to Rs.140/-per day and further to Rs.210/-in the year 2013 and subsequently, it has been further enhanced, however, the members of the Prantiya Rakshak Dal continued to get Rs.126/-till the year 2013. The petitioners approached the State Government requesting that when the nature of the work, the manner of appointment is similar, the remuneration payable to them should be similar to Home Guard volunteers, however, the same has not been done citing the problems of budgetary allocations. It is argued that the allowance payable to Home Guard Jawans was increased to Rs.500/-on 27.08.2018 from Rs.375/-being paid earlier, however, no such action was taken in respect of the Prantiya Rakshak Dal Jawans.

6. Aggrieved against the said, some of the persons similarly situated approached this Court by filing Writ – A No.17684 of 2018 (Amar Singh & Ors. v. State of U.P. & Anr.). The said writ petition was disposed off on 07.01.2019 with directions to the State Government to consider the grievances and to evaluate the same within a period of three months. As the directions given by the Court we