Jammu & Kashmir High Court Quashes 2022 Village Defence Guard Scheme To The Extent It "Denudes" SPOs Of Their Status & Privileges Under Old Scheme

The Jammu and Kashmir and Ladakh High Court recently quashed the Village Defence Group Scheme-2022 issued by the Government to the extent it has the effect of denuding the petitioners (heads of the Village Defence Groups) of their status as SPOs (Special Police Officers) and the power and privileges conferred on them by the Village Defence Group Scheme-1995.

A bench comprising Justice Sanjeev Kumar and Puneet Gupta was hearing a batch of writ petitions who had called in question Village Defence Guard Scheme, 2022 [“VDGS-2022”] issued by the respondents to the extent it categorized the petitioner-SPOs as Village Defence Guards and provided for payment of Rs.4,500/- per month to them.

The petitioners in their plea submitted that they have been engaged as SPOs under the erstwhile VDC scheme 1995 and were therefore, entitled to be treated on a par with the SPOs serving in the Police Department. VDGS-2022 has deprived them of their status of SPO and also the pay and emoluments attached with and payable to the petitioners as SPOs in the Department of Police, it was argued.

In the instant matter the petitioners claimed to have been working as Special Police Officers on an honorarium of Rs 18,000/ month (SPOs) heading different Village Defence Groups constituted by the respondents in 1995 Village Defence Group and were retired officers of the Army/CPMF/State Police, issued and equipped with the higher category of weapons.

The new Scheme i.e. VDGS 2022 prescribed the splitting of the Village Defence Group into two categories: one shall be heading/leading/ coordinating the Village Defence Groups in the more vulnerable areas as V-1 category and shall be paid a monthly honorarium of Rs. 4500/-, whereas the other members of the VDG are V-II category and would be paid an honorarium at an uniform rate of Rs.4,000/- per month.

The petitioners were essentially aggrieved by this categorization made in VDG Scheme-2022, which they said not only deprived them of their acquired status of SPOs but also adversely affected their right to livelihood by bringing down their wages from Rs.18000/- to Rs.4500/- per month.

After considering the contentions the bench observed that the court is not fully convinced that under the VDGS-1995 the petitioners have a vested right either to continue as SPOs indefinitely or to have unaltered terms and conditions of their engagement.

“The appointment of the petitioners made under the 1995 Scheme was governed by the terms and conditions laid down in that Scheme. Indisputably, the VDG Scheme of 1995 was issued in the exercise of executive powers of the State. Respondents are thus well within their power to withdraw, modify or alter the Scheme”, the bench said while adding “if respondents, for good reasons, decide to withdraw the Scheme and dispense with the arrangement made thereunder, this Court may not find any fault with such a decision”.

“Respondents may also be well within their right to alter the terms and conditions of appointment of the petitioners even if such alteration or modification of the terms and conditions adversely affects the petitioners. However, the respondents cannot be permitted in law to act arbitrarily and vary the terms and conditions of appointment of the petitioners to their detriment in the colourable exercise of their powers”, Justice Sanjeev Kumar for the bench said.

Observing that the the policy decisions of the Government are not to be readily interfered with unless such decisions are found to be mala fide, arbitrary and violative of Article 14 of the Constitution of India the bench observed that the respondents, being a model employer, are expected to act in a fair, just and transparent manner when it deals with the rights and privileges of its citizens guaranteed by Constitution of India.

After carefully examining both the Schemes, the bench said that the Scheme, insofar as it denudes the petitioners of their status as SPOs and consequently reduces their remuneration/honorarium from Rs 18000 per month, which was being received by them on par with the SPOs working in the Police Stations and Special Operation Groups of the J&K Police, to a sum of Rs 4500 per month, is not only an arbitrary and colourable exercise of powers but is actuated by mala fide considerations.

In view of the same the petitions were disposed of with the direction that the Village Defence Group Scheme-2022 issued by the respondents insofar as it has the effect of denuding the petitioners (heads of the Village Defence Groups) of their status as SPOs and the power and privileges conferred on them by the Village Defence Group Scheme-1995 issued by the Government is set aside and quashed.

“They shall continue to receive remuneration as is being paid to their counterparts working in the J&K Police Department and the right of the members of the Village Defence Group, who have been held entitled to a monthly honorarium of Rs 4000 under the Village Defence Group Scheme-2022, shall remain unaffected”, the bench concluded.

Case Title: Madan Lal & Ors Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 82

Click Here To Read/Download Judgement