IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9072 of 2020 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT =============================================

Approved for Reporting Yes No √

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RAJESHBHAI MAHESHBHAI JANI & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR UT MISHRA FOR MR HK THAKOR(6182) for Petitioner No.

1,2,3,4,5,6 MS DHRUTI PANDYA, AGP for the Respondent(s) No. 1,2 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 03/03/2026

JUDGMENT

1. Rule returnable forthwith. Ms.Dhruti Pandya, learned AGP, waives service of Rule for the State respondents.

1.1 With the consent of the learned advocates for the respective parties, the matter is taken up for hearing.

2. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs: “(A) This Hon'ble Court may kindly be pleased to admit and allow this petition;

(B) This Hon'ble Court may kindly be pleased to direct the respondents to treat the services of the petitioners upto 58 years of age and their services are required to be treated as the other Government employees working and further to start the pay up regular salary like basic DA and other allowances which are available to the petitioners as the Govt. employees are receiving with all consequential benefits and to pay up the arrears of their regular salary from the date of their appointment till the final outcome of this petition and further be pleased to quash and set aside the circular dated 16/7/2020 and to implement the circular dated 20/3/2020 and to implement the circular dated

11/9/1987 in toto.

(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may kindly be pleased to direct the respondents to implement the circular dated 20/3/2020 relying upon which the judgment and order passed by the Hon'ble Supreme Court of India and further be pleased to stay the circular dated 16/7/2020 and to implement the circular dated 11/9/1987 and further be pleased that the petitioners may not be retrenched, terminated or not to disturb their conditions of services and to start pay up the salary regularly.”

3. Heard Mr.U.T.Mishra, learned advocate for the petitioners and Ms.Pandya, learned AGP appearing for the respondent-State.

SUBMISSIONS OF THE PETITIONERS :

4. At the outset, Mr.Mishra, learned advocate for the petitioners, would be candid in his submission that, so far as the principal grievance of the petitioners raised in this petition is concerned, it is squarely covered by the decision of this Court in the case of Mukesh Arsibhal Karmur and others vs. State of Gujarat and others, being Special Civil Application No. 17518 of 2019 and allied matters decided on 19.02.2026. Nonetheless, the duty allowance which is received by the petitioners, i.e., Rs. 450/-, is less than the minimum of the pay scale received by any feeder cadre police personnel of respondent-State.

4.1 Mr. Mishra, learned advocate, has drawn the attention of this Court to the letter dated 20.03.2020 issued by the Ministry of Home Affairs, Government of India, placed on record of this case, wherein it has been clearly stated that, as per the decision of the Hon’ble Apex Court in Grah Rakshak, Home Guards Welfare Association Vs. State of Himachal Pradesh and Others - (2015) 6 SCC 247, the duty allowance of Home Guards is required to be increased to the minimum pay (basic pay + grade pay + DA + washing allowance) to which police personnel are entitled. All States have been requested to take necessary and immediate action to implement the aforesaid judgment of the Hon’ble Apex Court latest by April 30, 2020.

4.2 Mr. Mishra, learned advocate for the petitioners, would submit that the daily allowance was increased from Rs.300/- to Rs. 450/- by the State vide its Resolution dated 02.11.2022, which does not even match with the mi