Home Guards Entitled To Duty Allowance Equivalent To Minimum Pay Of Police Personnel: Gujarat High Court

The Gujarat High Court has directed the State Government to increase the duty allowance payable to Home Guards so that it matches the minimum pay received by police personnel, holding that the State cannot disregard binding directions issued by the Supreme Court on the issue.

A Single Judge Bench of Justice Maulik J. Shelat held that the State's continued payment of a daily allowance of ₹450 to Home Guards was contrary to the law laid down by the Supreme Court in Grahak Rakshak, Home Guards Welfare Association v. State of Himachal Pradesh.

Quoting extensively from the said decision, the Court observed:

“Taking into consideration the fact that Home Guards are used during the emergency and for other purposes and at the time of their duty they are empowered with the power of police personnel, we are of the view that the State Government should pay them the duty allowance at such rates, total of which 30 days (a month) comes to minimum of the pay to which the police personnel of State are entitled.”

The Court held that once such directions were issued by the Apex Court and reiterated by the Government of India, the State could not continue to ignore them.

Background

The petitioners, Home Guards serving in the State of Gujarat, approached the High Court under Article 226 of the Constitution, seeking directions to treat their services on par with other government employees (police personnel) and to grant them pay and allowances in accordance with applicable circulars and Supreme Court directions.

They also sought implementation of a Ministry of Home Affairs communication dated 20 March 2020, which requested all States to implement the Supreme Court's judgment directing payment of duty allowance equivalent to the minimum pay of police personnel.

The petitioners contended that despite these directions, the State had merely increased the daily allowance from ₹300 to ₹450 through a resolution dated 2 November 2022, which still fell significantly short of the minimum pay scale applicable to police constables.

Submissions on behalf of the Petitioners

Appearing for the petitioners, Advocate U.T. Mishra for Advocate H.K. Thakor, submitted that the issue was squarely covered by a recent decision of the High Court in Mukesh Arsibhal Karmur v. State of Gujarat decided in February 2026.

Counsel argued that the duty allowance of ₹450 per day was far below the minimum pay scale received by police personnel. Relying on the MHA communication dated 20 March 2020, it was submitted that the Supreme Court had already directed States to increase the allowance to match the minimum pay of police personnel, including basic pay, grade pay, DA and washing allowance.

Submissions on behalf of the State

Opposing the petition, Assistant Government Pleader Dhruti Pandya submitted that the State had already taken steps to improve the financial condition of Home Guards by increasing their allowance from ₹200 to ₹300 in 2017 and further to ₹450 in 2022.

The State also pointed out that additional benefits such as medical assistance, death compensation funds and enhanced messing allowance had been introduced. Further, it was argued that Home Guards provide voluntary services and are engaged only as and when required, unlike police personnel whose duties are continuous.

The AGP further informed the Court that the Union Government had filed a review petition before the Supreme Court against the 2015 judgment relating to Home Guards' duty allowance, and the listing of the petition was awaited, causing the State to adopt a cautious approach in revising the allowance structure.

Court's Analysis

After hearing both sides, the Court noted, “the State cannot disregard the directives issued by the Government of India or show disrespect for the directions issued by the Hon'ble Apex Court unless they are modified by the Hon'ble Apex Court itself. In my view, the State is required to increase the daily allowance from Rs.450/- to an amount which would match with the minimum of the pay which Police Personnel are currently entitled to and or received by them.”

Responding to the State's arguments regarding providing additional benefits to Home Guards, the Court noted that providing such benefits “would not mean that the State should exploit the services of the Home Guards by paying a lower daily allowance.”

Referring to the Government of India's letter dated 20 March 2020, the Court observed that the Union Government had also requested States to implement the Supreme Court's judgment by 30 April 2020. The Court found that despite these directions, the State had merely increased the allowance to ₹450 per day in 2022 without ensuring parity with the minimum pay scale of police personnel.

Justice Shelat strongly criticised the State's stance, observing that its refusal to revise the allowance despite the Supreme Court judgment amounted to arbitrary action.

The Court observed that “the stance of the State not ready to increase daily allowance of Home Guards is nothing but an arbitrary decision which violates Article 14 of the Constitution of India.”

It further held that the State's insistence on waiting to file its own review petition after the Union Government's review petition had already been dismissed reflected an “adamant approach” and amounted to arbitrary State action violating Article 14 of the Constitution.

Accordingly, the High Court partly allowed the petition and directed the State Government to revise the daily allowance of Home Guards so that it matches the minimum pay received by police personnel in the State.

Case Title: Rajeshbhai Maheshbhai Jani & Ors. v. State of Gujarat & Anr.

Case No.: R/Special Civil Application No. 9072 of 2020

Appearance: Mr. U.T. Mishra for Mr. H.K. Thakor for the Petitioners; Ms. Dhruti Pandya, AGP for the Respondents.

Click Here To Read/Download Order