HC directs Nagaland Government to re-examine honorarium for VGs

Morung Express News
Dimapur | February 8

The Kohima Bench of the Gauhati High Court, in a significant judgment, has directed the Nagaland Government to constitute an expert committee within 3 weeks to “examine and determine” the enhancement of honorarium and other allowances to the Village Guards (VGs).

The committee also has to submit its report within 4 months from the day of its constitution.

The committee, to be constituted in consultation with the Ministry of Home Affairs, Northeast Division “should include representatives from the Home Department, Department of Personnel & Administrative Reforms, Finance Department, at least 2 (two) members from the petitioner association, the representatives of the Ministry of Home Affairs, Northeast Division amongst others,” the HC said.

The order passed on January 29 by a Division Bench comprising of Justice Nelson Sailo and Justice S Hukato Swu stated that the committee should be constituted within a period of 3 weeks from the date of receipt of a certified copy of its order.

The certified copy of the order was submitted to the State Government on February 8.

To be chaired by an officer who is not below the rank of Additional Chief Secretary, the HC also directed that the committee should complete the process of examining the matter of “enhancement of the honorarium and other allowances of the VGs as expeditiously as possible and not later than within a period of 4 months from the date it is constituted.”

The recommendation made by the Committee shall then be forwarded to the State Government in the Home Department and also to the Ministry of Home Affairs, Northeast Division for approval and further necessary action, it added.

While considering the matter of enhancement of honorarium and other allowances for the VGs, the HC directed the committee to take into “consideration the observation and direction given by the Supreme Court at paragraph 39 in the case of Grah Rakshak Home Guard Welfare Association (supra).”

In the said judgment, the apex court had noted that as the Home Guards are empowered with the power of police personnel at the time of their duty, the State Government should pay them the duty allowance at such rates, which is equivalent to the minimum 30 days pay of police personnel.

The case pertains to an initial writ petition filed by the Village Guard Association of Nagaland regarding their services and related remuneration.

The petition highlighted that the VGs in Nagaland is one of the oldest forces in Nagaland dating back to 1957. Initially voluntary force of peasant soldiers, it highlighted that role and duties of VGs has increased over the years.

Among others, they are involved in assisting the police and district administration in curbing criminal activities within their jurisdiction, as first responder during natural calamity, Road Opening Patrol (ROP) duties for VIPs, guides, election related duties, and guarding the international borders.

Initially, the VGs were paid a fixed monthly wage of Rs 1500 per month, and a ration allowance of Rs 25 per day while on duty and yearly clothing allowance of Rs 500. The monthly wage was later enhanced to Rs 3000.

When VGs are promoted to NCOS rank they are paid Rs 50 as rent allowance per month and they are entitled for service regularisation only from the rank of Jamadar.

Since January 1, 2012, the association further contended that the Home Guards serving in Nagaland are paid a daily wages of Rs. 150 w.e.f., March 1, 2012 and which amounts to a fixed salary of Rs. 4,500 per month.

In this context, the association submitted their representation to the Chief Secretary of the State in July 2016 for enhancement of wages; but this was not considered. It then took legal recourse.

It also argued that the Home Guards are unarmed personnel for Civil Defense whereas, the VGs are trained and are issued rifles and ammunition by the State Government and perform law and order duties.

After the petition was filed, the State Government implemented the Apex Court’s direction on ‘Grah Rakshak Home Guards Welfare Association (supra)’ by enhancing the duty allowance of Home from Rs 150 per head per day to Rs 520 per head per day w.e.f April 3, 2017.

The association filed an additional affidavit in July 2017 to put the notification on record.

In its reply, the State Government then noted that the VGs are “volunteer village defense force to defend the village” while the Home Guards are recruited only after undergoing initial suitability training and are posted anywhere in the State on a full time basis.

The money the VGs get were, thus, not wages, but in the form of remuneration or honorarium.

A single-judge bench, in a judgment & order (impugned) dated November 9, 2017 then directed the State Government to examine and “raise the existing wages and allowances of the VGs to a reasonable level but not less than that of the Home Guards of the State, within a period of two months…”

It further directed that the increase in the wages and allowances should be made effective from January 1, 2017.

The State Government, thereafter, made a writ appeal against the November 9, 2017 judgment.

When the the writ appeal was taken up for admission on February 2, 2019, the HC Court viewed that the Ministry of Home Affairs was made party to the case.

In arriving at the decision on January 29, the HC relied on previous precedence and held that the onus of establishing the similarity of the duties and responsibilities performed by two sets of employees under comparison, the same has to be determined by a panel of experts who possess the expertise and materials for examining the claim for parity of pay.

In doing so, it set aside the previous single-judge judgment while directing for a time-bound scrutiny of the issue by an Expert Committee for the enhancement of honorarium and allowance for the VGs.