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Jiban Krishna Mondal & Ors. v. State of West Bengal & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 6373 of 2010)Decided 10 Mar 2015
Civil Appeal No. 6373 of 2010
Justice Sudhansu Jyoti Mukhopadhaya · Justice Vikramajit Sen

Background

Members of the West Bengal Home Guards and their association challenged Calcutta High Court orders that had refused to treat them as regular State employees. They argued that under the West Bengal Home Guards Act, 1962 and its Rules, the State exercised full control over their work (appointment, pay, discipline), creating a master-servant relationship entitling them to regular pay scales and benefits at par with police constables.

Decision Breakdown

The Supreme Court traced the genesis of the Home Guards as a voluntary citizen force raised after the 1962 Chinese aggression, and held that the 1962 Act and Rules (even before the clarifying 1990 amendment) always contemplated Home Guards as unpaid volunteers who are only entitled to a duty allowance fixed by the State when called out for duty, not a regular salary. Relying on its own earlier ruling in State of Manipur v. Ksh. Moirangninthou Singh, the Court found no master-servant relationship and no basis for treating Home Guards on par with police personnel. The appeals were accordingly dismissed, upholding the High Court's refusal to regularize their service.

Lesson Learnt

Enrollment in a statutorily "voluntary" organisation like the Home Guards, even if the duty resembles police work, does not by itself create an employer-employee relationship or entitle volunteers to a government pay scale, only to whatever duty allowance the State chooses to fix.

Official source (sci.gov.in)View Judgment (PDF)

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