ORDER : Songkhupchung Serto, J. 1. This writ petition is filed by the office bearers of the Village Guards Association of Nagaland, a registered body in their representative capacity as leaders of the Association praying for issuance of appropriate writ or order or direction directing the respondents to enhance their daily wages as per the prevailing rate of minimum wages notified by the State Government and to increase the amount of their monthly and annual allowances. Before I enter into the case of the petitioners, it would be appropriate to give the brief history of the Village Guards for proper appreciation of their case. The petitioners, besides having narrated the brief history of themselves have also annexed a copy of their silver jubilee souvenir. In that the proud and chequered history of the Village Guards from 1957 to 1982 was briefly narrated. Among the Very Important Persons whose well wishes and appreciation of the Village Guards were published in the souvenir, where the then President of India Shri. Neelam Sanjiva Reddy, Smti. Indira Gandhi, the then Prime Minister of India, Shri. S.M.H. Burney, the then Governor of Nagaland, Shri. Zail Singh, the then Home Minster of India, Shri. J.B. Jasokie, the then Chief Minister of Nagaland, General K.V. Krishna Rao, PVSM the then Chief of Army Staff, Lt. General A.S. Vaidya, MVC, AVSM, the then GOC-in-C, Eastern Command followed by the other dignitaries of the Centre and the State but not the least Padmashri Major R. Khathing, I.F.A.S. (Rtd.), M.C., O.B.E., former Chief Secretary of Nagaland, who was instrumental in establishing the Village Guard in Nagaland, when he was serving as Political Officer of Tuensang Frontier Division under Naga Hills-Tuensang Area (NEFA) Administration. The messages of the Very Important Persons (VIPs) as published in the souvenir speaks volumes about the Village Guard, therefore, it would be in fitness of things to mention at least few of them. (i) "Press Secretary to the President No. F.2-14/82 President's Secretariat Rashtrapati Bhavan New Delhi-110004. January 30, 1982. Dear Sir, Please refer to your wireless message, dated the 27th January, 1982. The President of India desires me to convey his best wishes on the occasion of the Silver Jubilee Celebrations of the Village Guards in Nagaland. (i) "Press Secretary to the President No. F.2-14/82 President's Secretariat Rashtrapati Bhavan New Delhi-110004. January 30, 1982. Dear Sir, Please refer to your wireless message, dated the 27th January, 1982. The President of India desires me to convey his best wishes on the occasion of the Silver Jubilee Celebrations of the Village Guards in Nagaland. Your faithfully, Sd/- (K. Suranarayana) The Commissioner, Nagaland, Kohima." (ii) PRIME MINISTER, INDIA MESSAGE The Home Guard Organisation represents close cooperation between the people and the Government in maintaining peace and promoting harmony. I send my best wishes to the Village Guards in Nagaland on their 25th anniversary of service to the people of Nagaland. Sd/- (Indira Gandhi) New Delhi, February, 1982." (iii) "RAJBHAVAN KOHIMA Camp: Agartala February 12, 1982. I am happy to know that the Village Guard Organisation in Nagaland is celebrating Silver Jubilee on the 1st March, 1982 and also bringing out a souvenir on the occasion. The Village Guard is a unique force and is probably the eldest of its kind in the country. The villagers in Nagaland have always had the history and tradition of defending their villages and territory with volunteer warriors. Village Guard is a projection of the same system. I have been studying and watching with interest the activities and achievements of the Village Guards in my capacity as Secretary to the Government of India in the Ministry of Home Affairs and now new as the Governor. I have no hesitation in saying that during the last 25 years of their existence, V. Gs have acquitted themselves with commendable sincerity and courage. Many of them have given their lives for the Nation. 20 of them have been the recipients of gallantry awards of the Ashok Chakra series and a large member of them were awarded commendation certificates. The Nation is proud of them. With the forces of insurgency resurging just across the border and threatening our peace and progress the V.Gs. have a great responsibility in guarding the frontiers and their respective villages so that the people can live in peace and the pace of progress is unhampered. I have no doubt that the VGs will continue to perform their duty with same vigil and deviation which they have displayed over the last 25 years. I congratulate them on this auspicious day and extend my best wishes for their future. I have no doubt that the VGs will continue to perform their duty with same vigil and deviation which they have displayed over the last 25 years. I congratulate them on this auspicious day and extend my best wishes for their future. Sd/- (S.M.H. Burney) Governor of Nagaland." (iv) "HOME MINISTER INDIA New Delhi February 1, 1982 MESSAGE I am glad to know that the Government of Nagaland is celebrating the Silver Jubilee of the Founding of the Village Guards in Nagaland. I send my good wishes on this occasion. Sd/- (ZAIL SINGH)" (v) "CHIEF MINISTER Nagaland, Kohima February 11, 1982. I am glad to know that the Silver Jubilee Rally of the Village Guards is going to be held in Kohima on 1-3-1982 and that a Souvenir is being brought out to mark the occasion. The institution of Village Guards is one of the oldest in the State dating back to 1956 when Naga Hills as it was called then, was part of the Assam. This Force was raised to provide security to the villages from the depredations of the Underground. The composition of the Force was purely on voluntary basis from the villagers themselves. All these years the Force has been rendering invaluable service to the State and earned the gratitude of a large section of the population of the State. Our Village Guards have every reason to feel proud that they have the singular distinction of being the recipients of the highest gallantry award-1 Ashoka Chakra Class I, 8 Ashoka Chakra Class n, including 2 posthumously, and 5 Ashoka Chakra IIII-from 1959 to 1969 for their most conspicuous bravery, act of valour and sacrifice. The Village Guards of Kenjong and Pang Villages in Tuensang District had given a very good account of themselves in dealing with the Underground in 1980. This was recognised by the highest authorities in the country and the President was pleased to confer 2 Kirti Chakras and 2 Shaurya Chakra on four of them last year. On this Years' Republic Day, 6 Village Guards of Pang village were conferred Shaurya Chakras which is highly creditable and the Village Guards thus brought a good name not only to themselves but also to the entire State. The Government on its part has been trying to improve the lot of the Village Guards by way of enhancement of their salaries. The Government on its part has been trying to improve the lot of the Village Guards by way of enhancement of their salaries. To improve the fire power they are now being issued 303 Rifles in place of Muskets. The necessity for constant vigil on our international borders is very great today and I am sure that the Village Guards and especially those belonging to the village along the International Border will continue to acquit themselves creditably well. On the eventful occasion, I convey my deep appreciation to the Village Guards for their heroic valour, exemplary courage and devotion to duty and wish them continued success in their delicate and difficult task. Sd/- (J.B. Jasokie)" (vi) General KV Krishna Rao, PVSM Chief of the Army Staff Tele: 371632 Army Headquarters DHQ PO New Delhi-110011 MESSAGE On the occasion of the 25th Anniversary of the Raising Day of the Village Guards, I extend my warm greetings and good wishes to all members of your organisation. The Village Guards, which were raised in 1956 as a small force armed with 12 bore guns, are now a large and organised force. They have done commendable work over the years in protecting the innocent and peace loving villagers of Nagaland against depredations by anti-national and misguided elements of society. The services rendered and the sacrifices made by members of the organisation in the national cause are worthy of the highest praise. I take this opportunity to wish you and your families all success and prosperity. May God be with you. New Delhi 5th feb. 82. Sd/- (KV Krishna Rao) General" (vii) Lt General AS Vaidya, MVC, AVSm HEADQUARTERS EASTERN COMMAND CALCUTTA-21 13 Feb. 82. 1. On the occasion of your Silver Jubilee Celebrations my best wishes and congratulations go out to all members of the Village Guards of Nagaland. 2. In the past 25 years you have rendered excellent service to the peoples of your State and the Nation. Your role in tackling the insurgency problem has been commendable; the selfless dedication, despite trying conditions and adverse circumstances, with which you have pursued your aim is laudable. 3. In the recognition of meritorious service many of you have been honoured with gallantry awards and other recognitions. Your role in tackling the insurgency problem has been commendable; the selfless dedication, despite trying conditions and adverse circumstances, with which you have pursued your aim is laudable. 3. In the recognition of meritorious service many of you have been honoured with gallantry awards and other recognitions. I am sure that in the years to come you will apply yourself to the task with equal dedication and determination, and surpass even your present standards and achievements. 4. I wish you that best of luck, all the prosperity and strength to your arm when tackling the lawless and protecting the villagers. Sd/- Lt. Gen. AS Vaidya, MVC AVSM". (viii) "Z. OBED CHIEF SECRETARY NAGALAND KOHDVIA D.O. No...................... Dated the.................../97 MESSAGE As the Village Guard enters the twenty-fifth year of its glorious performance in March, 19821 take this proud privilege to extend my greetings and good wishes to everyone of them. Sd/- (Z. OBED)" (ix) L.L. YADEN COMMISSIONER, Nagaland, Kohima Dated 15th Feb. 82. Naga rebellion under the banner of the Naga National Council for independence was first launched in Tuensang district in 1955 when Tuensang was under North East Frontier Agency. Thereafter, the activities of the insurgency spread to former district for the Naga Hi/Is, then under Assam. The Village Guards were first introduced in the Tuensang district under the able administrative leadership of Maj. R. Khathing, then Political Officer at Tuensang. The object of the raising Village Guards at the villages was to protect the villages from the activities of the insurgency. The Village Guards are not regular employees of the Government; but they are given arms and ammunitions with a fixed honorarium for their nominal maintenance. Village Guards had been raised for defence of the villages. The Village Guards have fought against the heavily armed insurgents with better arms and equipments and with superior force. In some case like Village Guards of Pangsha, Phelungre, Kenjong, Pang, etc. had shown outstanding account of their courage and chivalry in fighting against the heavily armed insurgents in their encounter. Many Village Guards from many villages have done commendable services for maintaining law and order at the villages against the activities of the insurgency and many of them were given gallantry awards while brave Village Guards had lost their lives in fighting against the armed insurgency. Many Village Guards from many villages have done commendable services for maintaining law and order at the villages against the activities of the insurgency and many of them were given gallantry awards while brave Village Guards had lost their lives in fighting against the armed insurgency. On the historic day of the Silver Jubilee Celebration of the founding of the Village Guards 25 years ago, I convey my sincere gratitude to all Officers and ranks of the Village Guards for their commendable services they have rendered in maintaining law and order in the State. The Village guards in Nagaland have actually become a part of the Frontier Guards of the North Eastern Border of India for defence of the country against the trained and fully armed insurgency beyond the border. It is because of this gallant and vigilant Village Guards, who are guiding the border that we have peace and development in the State. Hence, the Village Guards deserve due appreciation of the part played by them. Sd/- (L. LYADEN) Commissioner". (x) Major General V.K. Nayar, GM GOC Headquarters B Mountain Division C/o. 99 APO On behalf of all members of the Security Forces in Nagaland, I send you best wishes and greetings on the occasion of your Silver Jubilee celebrations. It marks twenty five years of diligent and devoted service by you all and your achievements have been a source of pride for the people of Nagaland and all of us. You have fought and reduced the influence of the Underground and provided continued security to the villages. Recently, your valiant action in beating back the hostels attack at Pang and inflicting heavy causalities on them has been in the finest warrior traditions of your force. In recognition six Shaurya Chakras have been awarded to the gallant VGs, we are proud of our association with you. I am confident that you will all endeavour to maintain the high traditions of your force and discharge your onerous duties with the utmost devotion and loyalty. I wish you all and you families good luck, success and prosperity. Sd/- (V.K. NAYAR) Maj. Gen. GOC". (xi) DAL SINGH, V.S.M. Addl. Inspector General of Police Nagaland, Kohima. During my army tenures in Nagaland I have had very close association with the Village Guards for about 6 years. On many an occasion I and my men fought shoulder to shoulder with them. Sd/- (V.K. NAYAR) Maj. Gen. GOC". (xi) DAL SINGH, V.S.M. Addl. Inspector General of Police Nagaland, Kohima. During my army tenures in Nagaland I have had very close association with the Village Guards for about 6 years. On many an occasion I and my men fought shoulder to shoulder with them. I am well aware of their glorious traditions, their achievements and their potential. I have had very high regards for their force and now I am proud to be one of them. Village Guards with their intimate knowledge of the terrain, inborn aptitude for jungle craft, inherited courage and fighting capability, dedication to the soil and regard for their glorious traditions constitute an ideal force for countering insurgency and terrorism; provided the people sincerity desire peace and the Village & Guards enjoy their confidence, support and respect. My message to VGs., including myself, is that we shall continue to uphold the traditions nurtured by our predecessors with their blood, we shall continue to do our duty with utmost sincerity to protect our villages and keep the forces of evil out of Nagaland. Sd/- (DAL SINGH) Addl. Inspector General of Police & Director of Civil Defence". (xii) "Padmashri R. Khathing, I.F.A.S. (Rtd.) M.C., O.B.E. former Chief Secretary, Nagaland. I am extremely happy to know that the Village Guards in Nagaland is going to celebrate its Silver Jubilee Rally at Kohima on 1st March, 1982. To think that the Village Guards of Nagaland would be celebrating Silver Jubilee of its existence is just like a dream to me. This clearly proved the utility of its existence as a peace force and protector of the interest of the villagers. I congratulate the Village Guards of Nagaland for their steadfastness in safeguarding the welfare and interest of the villagers and am confident that they will continue to fulfill the country has reposed in them. Sd/- (R. Khathing)" 2. As stated above, the messages of the dignitaries of the Nation and the State have already spoken volumes about the Village Guards. However, I would still "mention some extracts of the souvenir here below. Till then, that is, the year in which they celebrated their Silver Jubilee the Village Guards have already earned 24 gallantry awards of Ashok Chakra series from the President of India beside so many other awards and Commendation Certificates from the Governor of the State and other dignitaries. However, I would still "mention some extracts of the souvenir here below. Till then, that is, the year in which they celebrated their Silver Jubilee the Village Guards have already earned 24 gallantry awards of Ashok Chakra series from the President of India beside so many other awards and Commendation Certificates from the Governor of the State and other dignitaries. The force came into being in the wake of killing of 9 persons including women and children at Pangsha and Pang village by insurgents in the intervening night of 11th & 12th February of 1957. Major Padmashri R. Khathing, who was then the Political Officer of Tuensang Frontiers Division under NEFA Administration initiated a case for raising 300 loyal Nagas to be armed with 12 bore guns with the name Tuensang Frontiers Division Scouts given to them. The proposal was accepted by the Ministry of External Affairs, New Delhi, and one Major M.B. Rai, Ex-11 GR was picked up to organise the force and it was formally raised on 01.03.1957. On 1st December, 1957 it was renamed as Village Defence Guard and it was commanded by an Army Officer in the rank of Lt. Col. with headquarter at Kohima and 3(three) independent wings at Kohima, Mokokchung and Tuensang. Each of the wings were commanded by a Major from the Army with headquarter located at each of the three district headquarters. The effective strength of Village Defence Guard (in short, the VDG) was 2000. Since the VDG was purely ad hoc organisation administrative staff were drawn from Army and Assam Rifles. They were also attached to the Army and Assam Rifles for administration, training and operations. Primarily the role or duties allotted to VDG was the immediate security and protection of their own villages against violence to life and property. Secondary roles were limited to protective routine duties like road opening, passing information, acting as guides and interpreters and providing escorts to civil and administrative officers. When Nagaland attained full Statehood on 1st December, 1963, the VDG wings of Kohima and Mokokchung district were converted into 1st and 2nd Battalions of Nagaland Armed Police. However, the Tuensang wing covering the present districts of Tuensang, Mon and Phek remained operative for the security of the villages at the international border. When Nagaland attained full Statehood on 1st December, 1963, the VDG wings of Kohima and Mokokchung district were converted into 1st and 2nd Battalions of Nagaland Armed Police. However, the Tuensang wing covering the present districts of Tuensang, Mon and Phek remained operative for the security of the villages at the international border. The VDG was then re-designated as Village Guard and the Commander of the VG was re-designated as Commandant and it was manned by an Army Officer in the rank of Major. In the late sixties active insurgency in the State shifted from other parts of Nagaland to Tuensang district. On 13.05.1980 and 13.09.1980, in two villages of Khiamnugan Nagas namely, Kenjong and Pang, 103 houses including 31 granaries, a school and a church were burnt by insurgents. 10(ten) persons from the village were killed and 5 (five) were wounded on the two occasions. The Village Guard (in short, the VG) rose with traditional chivalry and beat back the attackers with heavy casualties inflicted on them. While doing so, 2(two) Village Guards lost their lives and 2(two) were wounded for their acts of exceptional courage and devotion to duty. The President of India awarded two Kirti Chakras and 8 Shaurya Chakras. Recognising the contributions the Village Guards can make in facing more threats from across the border both the Central and State Government decided to strengthen and revitalise the organisation. On 28.10.1991, Shri. Dal Singh, VSM was appointed as Additional Inspector General of Police, Nagaland, on deputation from Indian Army and Was placed in-charge of V.Gs. under the Commissioner of the State. Efforts were made for increasing the number of V.Gs and to enhance the allowances w.e.f. 1st April, 1982. Clothing allowance was increased from Rs. 60 to Rs. 100/- p.a., ration money of V.Gs deputed outside from village for more than 15 days in a month was increased from Rs. 35 to Rs. 60/- p.m. Recognising the contribution of the V.Gs, Shri. L.R. Singh, who was the Governor of Nagaland, in his letter addressed to the Commissioner, Nagaland, vide letter No. CCA-15/76, dated 19.11.1976, stated as follows; "A fresh look at VGs would be necessary. 35 to Rs. 60/- p.m. Recognising the contribution of the V.Gs, Shri. L.R. Singh, who was the Governor of Nagaland, in his letter addressed to the Commissioner, Nagaland, vide letter No. CCA-15/76, dated 19.11.1976, stated as follows; "A fresh look at VGs would be necessary. They have served us well in the past and can be expected to be of great help particularly in dealing with any attempts by small group of people going out to Burma and entering Nagaland from Burma." Shri. L.L. Yaden, the then Commissioner, Nagaland, in his address to the Law and Order Conference held at Kohima on 30th July, 1981, also stated as follows:- "Today, we are having peace in other districts having freedom of movement and-occupation because of these gallant and vigilant Village Guards guarding the border defending against the intrusion of the insurgents." 3. Having narrated the history of the V.Gs briefly, I shall now take up their case as presented by their learned counsel Mr. Taka Masa, Sr. Advocate. The learned Sr. counsel submitted that at present the V.Gs are paid a fixed monthly wage of Rs. 1500/- per month, ration allowance of Rs. 25/- per day while on duty and a yearly clothing allowance of Rs. 500/-. When they are promoted to NCOS rank they are paid Rs. 50/- as rent allowance per month. He also stated that the V.Gs are entitled for regularisation in service only from the rank of Jamadar. The amount they get as their wages and allowances being too meagre, therefore, not sufficient to meet their basic minimum needs, the V.Gs had a General Meeting on 24.09.2015 at Tuensang and unanimously resolved to approach the respondent authorities to pay then-wages and allowances as per the minimum wages notified by the State Government so that the monthly pay would increase from Rs. 1500/- to Rs. 5000/- per month and their ration allowance from Rs. 25/- to Rs. 150/- per day, their clothing allowance from Rs. 500/- to Rs. 1500/- and the NCOS rank allowance from Rs. 50/- to Rs. 500/- p.m. Accordingly, a representation was submitted to the Commissioner and Commandant General, through their Commandant VGs, Tuensang. The Commandant VGs, Tuensang, forwarded the same vide his letter No. VG/WEL/Conference/2015/176, dated 29-08-2015. 25/- to Rs. 150/- per day, their clothing allowance from Rs. 500/- to Rs. 1500/- and the NCOS rank allowance from Rs. 50/- to Rs. 500/- p.m. Accordingly, a representation was submitted to the Commissioner and Commandant General, through their Commandant VGs, Tuensang. The Commandant VGs, Tuensang, forwarded the same vide his letter No. VG/WEL/Conference/2015/176, dated 29-08-2015. On receipt of the same, the State Government approached the Government of India, through a letter No. POL-2/VG-21/2015, dated 30.05.2016, of the Joint Secretary, Government of Nagaland, Home department, Police 'B' Branch, for release of adequate funds for revision of wages/honorarium of the V.Gs personnel in Nagaland from Rs. 1500/- to Rs. 5000/- p.m. Since their request did not yield the desire result the V.Gs submitted another representation, dated 18.07.2016, to the Chief Secretary, on 21.07.2016 requesting him to enhance their wages and allowances like that of the Home Guards who have been given Rs. 4500/- p.m. w.e.f. 01.03.2012. As per the minimum rate of wages notified by the Central Government, for unskilled non-agricultural workers which was also communicated to the Chief Secretaries of all the States including Nagaland for implementation in their respective States vide his D.O. No. 51004/4/2015-IR(PG), dated 31.08.2016, by the Secretary to the Government of India, Ministry of Labour and Employment, an unskilled non agricultural worker is entitled to Rs. 350/- per day. Though the same is yet to be implemented in the State but it is expected to be implemented soon. That while the issue of enhancement of wages and allowances of V.Gs remain unresolved. The Government of Nagaland, vide Notification No. POL-B/HG/COURT-9/1/16, dated 27.04.2017, has enhanced the duty allowance of Home Guards Personnel of the State from Rs. 150/- to Rs. 520/- per day w.e.f. 03.04.2017. This notification was issued in pursuance of the decision of the Hon'ble Supreme Court of India. The contents of the notification is reproduced here below:- "GOVERNMENT OF NAGALAND HOME DEPARTMENT: POLICE 'B' BRANCH NOTIFICATION Dated Kohima the 27th April, 2017. No. POL-B/HG/COURT-9/1/16 : The Governor of Nagaland is pleased to enhance the duty allowance of Home Guards personnel under the Directorate of Civil Defence & Home Guards, Nagaland from Rs. 150/- per head per day to Rs. 520/- per head per day with effect from 3rd April, 2017. 2. No. POL-B/HG/COURT-9/1/16 : The Governor of Nagaland is pleased to enhance the duty allowance of Home Guards personnel under the Directorate of Civil Defence & Home Guards, Nagaland from Rs. 150/- per head per day to Rs. 520/- per head per day with effect from 3rd April, 2017. 2. This is in pursuance of the decision and judgment of the Hon'ble Supreme Court of India arising out of the Civil Appeal No. 6373 of 2010 and Civil Appeal No. 2759 (arising out of SLP (C) No. 12959 of 2009) dated 11-03-2015. 3. This issues with the concurrence of the Finance Department accorded vide their RFC No. 107, dated 09/9/16 and the approval of the Cabinet conveyed vide OM No. CA-2/2013, dated 3rd April, 2017. Sd/- ABHIJIT SINHA Home Commissioner to the Government". Mr. Taka Masa further submitted that the two forces i.e., V.Gs and Home Guards are voluntary and they are paid in the form of wages and allowances. He also submitted that though they performed similar duties that of the V.Gs is "more vigorous and involves higher degree of risk to life. According to him while the Home Guards are not armed the V.Gs are armed, therefore, the demand of their duties is more intense, vigorous and involves much higher risk to life. As such, if the duty allowances of the Home Guards have been raised there is no reason why the V.Gs." should be left out. It would amount to discrimination. Same pay should be given to similarly situated persons, added the learned counsel. 4. The learned counsel further submitted that the allowance given to the V.Gs is much below the national daily wages rate and it is not possible to survive with that kind of allowances any more, therefore, it is not justifiable. To enable them to meet their basic needs, even if they are not given the same allowances of the Home Guards, they should be at least given at the rate of the minimum daily wages of unskilled labour notified by the Central Government which has been communicated to the State for implementation. In support of his submission, Mr. Taka Masa cited the following judgments of the Hon'ble Supreme Court. (i) Grab. Rakshak, Home Guards v. State of H.P. & Ors. In support of his submission, Mr. Taka Masa cited the following judgments of the Hon'ble Supreme Court. (i) Grab. Rakshak, Home Guards v. State of H.P. & Ors. reported in (2015) 6 SCC 247 , paras-8, 13, 24, 26, 33-39, (AIR 2015 SC (Supp) 889, paras 9, 10, 13, 17 to 22) Himachal Pradesh - Home Guards "8. Prior to reorganization of the State of Himachal Pradesh i.e., 1st November, 1966, the Bombay Home Guards Act, 1947 was in force in some parts of the State. In other areas, the East Punjab Volunteer Corps Act, 1947 was in force. The East Punjab Voluntary Corps Act, 1947 which came into effect 8th December, 1947 makes it clear that the said Act was enacted to provide for constitution of volunteer corps for the whole State of Punjab. The Bombay Home Guards Act, 1947 also makes it clear that the said Act was enacted to provide voluntary organization for use in emergencies and for other purposes in the State of Bombay. 13. Rule 13 makes it clear that the Home Guards rendering service as volunteers are entitled to such allowances and honoraria as specified therein and reads as follows: "13. Conditions of service- (i) The Home Guards shall be liable to serve anywhere within Himachal Pradesh. Those who volunteer for duties outside Himachal Pradesh may be drafted for the purpose as and when required. (ii) The Home Guards employed for whole time duty, other than the Honorary Home Guards, will receive-pay and allowances equivalent to their counterparts in the Police Department of equal rank. The equivalency of rank is given in Appendix 'B'. (iii) The Honorary Home Guards shall be voluntary workers entitled to such allowances and honoraria as specified hereunder. They shall also be provided free accommodation wherever available when called for duty. Notwithstanding anything contained in Himachal Pradesh Home Guards Rules, 1962, if any, free accommodation was provided to them before coming into force of these Rules, no recovery will be made from them on this account. (a) Duty allowance:-- All honorary officers and members of Home Guards shall be paid a duty allowance of Rs. 3/- per day when called under Section 8(1) of the Home Guards Act-for Operational duty for six hours or more. (a) Duty allowance:-- All honorary officers and members of Home Guards shall be paid a duty allowance of Rs. 3/- per day when called under Section 8(1) of the Home Guards Act-for Operational duty for six hours or more. (b) Camp allowance:-- If the place of duty is more than 8 K.m. beyond the Company or Independent Platoon headquarter as fixed by the Commandant General, a sum of Re. 1/- per day will be given in addition to the duty allowances to the Honorary Officers and members of the Home Guards. (c) Out of Pocket allowance:-- When Honorary Officers and men of Home Guards are called for training or duty for less than six hours, they shall be paid an out of pocket allowance of Re. 1/- per day instead of the duty allowance of Rs. 3/-. (d) Travelling allowance:-- (i) Honorary Officers and the members of the Home Guards shall be entitled to travelling and duty allowances on the scales as may be sanctioned by the State Government from time-to-time. (e) Any other allowance as may be sanctioned by the Government from time-to-time. (f) Honoraria:-- The Honorary Home Guards Officers will be given an honoraria for performing short-time instructional and administrative duties at the following rates per mensem provided they perform such duties during the month. 1. Company Commander – Rs. 40 2. Platoon Commander – Rs. 30 3. Havildars i.e., Havildar Major Quarter Master Havildars Clerk and Platoon Havildar – Rs. 15 4. Section Leader – Rs. 10 (g) All members of the reserve force when called out under Section 8 of the Act will be treated as Home Guards on duty and all provisions of the Act and these rules will apply to them. (iv) No prosecution shall be instituted against any Home Guard in respect of anything done or purporting to be done by him in the discharge of his duties as a Home Guard except with the prior sanction of the State Government or such other Officer as empowered by the State Government in this behalf." There are other benefits which are granted under Rule 15. In case if any member of the Home Guards suffers any injury while undergoing training or on duty, he is entitled to disability allowance or compensation depending upon the nature of injury. In case if any member of the Home Guards suffers any injury while undergoing training or on duty, he is entitled to disability allowance or compensation depending upon the nature of injury. In case of death of Home Guard, as a result of injuries sustained while on duty or on training, family pension and children allowances are also payable. Relevant portion of Rule 15 reads as under:- "15. Compensation.- If any member of the Home Guards suffer any damage to his person or property while undergoing training or on duty, and he does not cause it by his own negligence or willful act or omission of the provisions of this Act and Rules or directions issued by superior Officer, he shall be paid compensation in the form of temporary allowance, disability pension, family pension and children allowances as the case may be, on the following terms and conditions:- (i) Temporary allowance-- If any Home Guards is incapacitated for work for a period of 3 days or more he shall be paid temporary disability allowance for the period of disablement at the rate of Rs. 30/- per month payable at half monthly intervals as Rs. 15/-. (ii) Where an injury sustained by a Home Guard causes him serious and prolonged or permanent disablement, he shall be awarded compensation at the rates mentioned below; The amount depending on the percentage of disablement:- Provided that where the disablement is not more than 50% and the injured Home Guard is not debarred from the means of his livelihood, the amount of disablement pension shall be substituted by a lump sum payment calculated at 70 times of the monthly payments specified in the foregoing schedule. (iii) In case of death of a Home Guard, as a result of injuries sustained while on duty or training, a family pension and children allowances shall be payable in accordance with the following:- (a) A family pension of Rs. 20/- per month to his legally wedded wife and in case the incumbent may have more than one legally wedded wife, men this rate of provision of Rs. 20/- will be distributed equally and an allowance of Rs. 5/- per month to each of his legitimate child in case no family pension is being paid each child will get an allowance of Rs. 20/- will be distributed equally and an allowance of Rs. 5/- per month to each of his legitimate child in case no family pension is being paid each child will get an allowance of Rs. 7.50/- per month: (i)-(ii) xxx (b) For calculating the amount of injury, the opinion of the authorized Medical Officer shall be legal and final. The authorized Medical Officer, in this case means any Civil Doctor in the service of the Government not below the rank of Class-1." Delhi Home Guards Rules, 1959 24. In exercise of the powers conferred by Section 8 of the Bombay Home Guards Act, 1947, as extended to the Union Territory of Delhi, the Chief Commissioner of Delhi made Delhi Home Guard Rules, 1959. Minimum age of 20 years and maximum age of 60 years has been prescribed therein for being members of Home Guards. Rule 8 prescribes term of office which is 3 years and Rule 9 defines limit of age for a member of the Home Guards. The said Rules read as follows: "8. Term of Office -- The term of office of a member of the Home Guards shall be three years. Provided that the appointment of any such member may, at any time, be terminated by the Commandant General or the Commandant, as the case may be, before the expiry of the term of office- (a) by giving one month's notice, or (b) without such notice, if such member is found to be medically unfit to continue as a member of Home Guards. 9. Limit of age for a member of the Home Guards--A member of the Home Guards may continue to be such member until he attains the age of sixty years. Provided that the Commandant General or the Commandant may relax the age limit in suitable cases." 26. From the Bombay Home Guards Act, 1947 as extended to the Union Territory of Delhi, the following fact emerges: (i) The Home Guard is a volunteer organization for use in emergency and for the purpose of State. (ii) The Chief Commissioner of Delhi by notification can divide the Union Territory of Delhi into two or more areas and constitute a volunteer body for each such area. (iii) The term of office of Home Guards is three years and maximum age limit of appointment is upto the age of sixty years. (ii) The Chief Commissioner of Delhi by notification can divide the Union Territory of Delhi into two or more areas and constitute a volunteer body for each such area. (iii) The term of office of Home Guards is three years and maximum age limit of appointment is upto the age of sixty years. Therefore, we find that the Home Guards of N.C.T. of Delhi are volunteers and are not in any service of the State. 33. In the cases before us though some of the Home Guards (Grah Rakshak) produced their appointment letters to show that they are serving as Platoon Havaldar for 10 to 28 years, we find that they have been enrolled and there is no appointment on regular basis. They have never been paid salary/wages and there is no provision to make any payment of salary/wages other than the duty allowance and other allowances. 34. In the Form filled up by the Home Guards volunteers of each State, the Home Guards have specifically mentioned that they undertake to serve as a member of the Home Guards at any time and place in India if they are called out for training or duty. This is evident from Form-I of Himachal Pradesh Home Guards Act, 1968 which shows that they are entitled for temporary allowance and in case of injury sustained or disability occurred during the duty they are entitled for disability pension. 35. Similar is the case of Bombay Home Guards, who have been appointed as volunteers Home Guards under the Act. They also have given declaration that they have volunteered as a member of the Home Guard. 36. The Home Guards of N.C.T. of Delhi also have been appointed to the organization which is volunteer body under the Act. Provision discussed above makes it clear that Chief Commissioner of Delhi only engage volunteers in the Home Guards. The Home Guards being volunteer body in the N.C.T. of Delhi, the appellants-Home Guards of Delhi cannot be claimed to be regular appointees. 37. It is not the case of the State Government that enrollment/appointments of the Home Guards were backdoor engagement and illegal made in violation of Articles 14 and 16 of the Constitution of India. Therefore, the decision of this Court in Umadevi ( AIR 2006 SC 1806 ) is not applicable in the case of the appellants-Home Guards. Admittedly, there is no concept of wages. Therefore, the decision of this Court in Umadevi ( AIR 2006 SC 1806 ) is not applicable in the case of the appellants-Home Guards. Admittedly, there is no concept of wages. These volunteers are paid duty allowance and other allowances to which they are entitled. There is nothing on the record to suggest that they performed duties throughout the year. 38. On the other hand, it is the specific case of the State that as and when there is requirement they were called for duty and otherwise they remained in their homes. Therefore, in absence of any details about continuity of service, month-to-monm basis or year-to-year basis, the duties and responsibilities performed by them throughout the year can neither be equated with that of police personnel. 39. In view of the discussion made above, no relief can be granted to the appellants either regularization of services or grant of regular appointments hence no interference is called for against the judgments passed by the Himachal Pradesh, Punjab and Delhi High Courts. However, 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. It is expected that the State Governments shall pass appropriate orders in terms of aforesaid observation on an early date preferably within three months". (ii) Mandira Singfi & others v. State of Assam & others, reported in 2000 (2) GLT 222, para 18. "18. At this stage Sri Goswami, learned Govt. Advocate submits that there is no prayer in the writ application to pay the wage at the rate of minimum wage as fixed by the Govt. from time-to-time. That will not take away the power of the writ court to mould the relief in view of the Apex Court decision, reported in AIR 1997 SC 645 (Air India Statutory Corporation v. United Labour Union & others) wherein in paragraph 59 it has been held as follows: "The founding fathers placed no limitation or fetters on the power of the High Court under Article 226 of the constitution except self imposed limitations. The arm of the Court is long enough to reach injustice whereabouts is found. The Court as sentinel in the qui vive is to mete out justice in given facts". (iii) State of Punjab and others v. Jagjit Singh and others, reported in (2017) 1 SCC 148 , paras 42, 44(44.7) : ( AIR 2016 SC 5176 ). "The Consideration 42. All the judgments noticed in paragraphs 7 to 24 hereinabove, pertain to employees engaged on regular basis, who were claiming higher wages, under the principle of 'equal pay for equal work'. The claim raised by such employees was premised on the ground, that the duties and responsibilities rendered by them, were against the same post for which a higher pay scale was being allowed, in other Government departments. Or alternatively, their duties and responsibilities were the same, as of other posts with different designations, but they were placed in a lower scale. Having been painstakingly taken through the parameters laid down by this Court, wherein the principle of 'equal pay for equal work' was invoked and considered, it would be just and appropriate, to delineate the parameters laid down by this Court. In recording the said parameters, we have also adverted to some other judgments pertaining to temporary employees (also dealt with, in the instant judgment), wherein also, this Court had the occasion to express the legal position with reference to the principle of 'equal pay for equal work'. Our consideration, has led us to the following deductions:- (i) The 'onus of proof, of parity in the duties and responsibilities of the subject post with the reference post, under the principle of 'equal pay for equal work', lies on the person who claims it. He who approaches the Court has to establish, that the subject post occupied by him, requires him to discharge equal work of equal value, as the reference post (see - the Orissa University of Agriculture & Technology case (2003 AIR SCW 2513); Union Territory Administration, Chandigarh v. Manju Mathur (2011 ATR SCW 940); the Steel' Authority of India Limited case ( AIR 2011 SC 897 ) and the National Aluminum Company Limited case (AIR 2014 SC (Supp) 1469)). 44. 44. We shall first outline the conclusions drawn in cases where a claim for pay parity, raised at the hands of the concerned temporary employees, was accepted by this Court, by applying the principle of 'equal pay for equal work', with reference to regular employees:- (vii) In State of Haryana v. Charanjit Singh ( AIR 2006 SC 161 ) a three Judge Bench of this Court held, that the decisions rendered by this Court in State of Haryana v. Jasmer Singh ( AIR 1997 SC 1788 ); State of Haryana v. Tilak Raj ( AIR 2003 SC 2658 ); the Orissa University of Agriculture & Technology case (2003 AIR SCW 2513), and Government of W.B. v. Tarun K. Roy ( 2004 1 SCC 347 ) laid down the correct law. Thereupon, this Court declared, that if the concerned daily-wage employees could establish, that they were performing equal work of equal quality, and all other relevant factors were fulfilled, a direction by a Court to pay such employees equal wages (from the date of filing the writ petition), would be justified". 5. Ms. V. Suokhrie, learned Addl. Sr. Government Advocate who appeared on behalf of the State respondents submitted that the wages and allowances of the V.G. are largely reimbursed from the Ministry of Home Affairs under Security Related Expenditure (SRE). Therefore, the State Government had already moved the Government of India for enhancement of wages and allowances of the V.Gs, till the proposal is accepted by the Central Government, the State Government is not in a position to enhance the wages and allowances of the V.Gs. The learned Addl. Sr. Government Advocate also submitted that the V.Gs are voluntary force and they are not regular employees. Therefore, only when they are called to duty, allowances are given in lieu of the loss of labour in their paddy field or household work. Their primary role is to defend their village against the insurgents and terrorist, therefore, their service is limited comparing to Home Guards who are deployed all over the State. As such, they cannot be compared with the Home Guards. Thus principle of equal pay for equal work cannot be applied in this case. 6. The statement of the people in the highest position in the Country and the State, and of the man in the field who commanded the V.Gs. As such, they cannot be compared with the Home Guards. Thus principle of equal pay for equal work cannot be applied in this case. 6. The statement of the people in the highest position in the Country and the State, and of the man in the field who commanded the V.Gs. once upon the time and experienced their contributions or the services rendered by them bears testimony of the service and sacrifices they have rendered for the Nation. It is their sheer love for their country which had driven them to render such selfless services with all sincerity, courage and dedication. It is that same love for the Nation that has led them to continue relentlessly in their selfless service for the Nation. From the souvenir one can see that it was a force started with volunteers with 12 bore guns. It has been stated by Mr. Taka Masa that now they are given 303 Rifles. The insurgents in the State of Nagaland are well equipped with the latest weapons. Even then, the V.Gs. has continued to give their service without fear and with the same dedication. The awards given by both the Central Government and the State Government shows the contributions made by the men of V.Gs. with dedication and sacrifice even at the altar of their lives. 7. I need not go any further on the sacrifices and services rendered by men of the V.Gs. as the same is not a secret to the respondents and Central Government. Though, the service by name is voluntary the duty to which they are called' upon shows otherwise. Therefore, the service rendered by them in no way is inferior or lesser than the service rendered by Home Guards of the State. In fact as stated already the nature of their duties involves more risk to live. As such, I see no reason why they should be paid lesser than Home Guards who are also voluntary force. It is true that everyone has to sacrifice and contribute his mite for the Nation but the same should also be well compensated or reciprocated by the Country as a whole and the State in particular. 8. In the case of the V.Gs. in Nagaland, it appears that though their services and sacrifices are acknowledged by words and awards they have not been compensated adequately in terms of wages and allowances. 8. In the case of the V.Gs. in Nagaland, it appears that though their services and sacrifices are acknowledged by words and awards they have not been compensated adequately in terms of wages and allowances. It is difficult to imagine how a man in that kind of situation would look after himself, his family and at the same time continue to render such selfless service to the Nation. Life in the villages of Nagaland may be much simpler than elsewhere in other parts of the Country. But that does not mean that the people living in the villages of Nagaland will not need basic requirements of live. Rate of minimum wages are determine by the Central Government and the State Governments from time-to-time keeping in view the inflationary rate and the basic minimum needs of a person as per his status or the group/category he or she belongs to. A sum of Rs. 1500/- per month plus with Rs. 25/- per day and Rs. 500/- as annual dress allowance is too meagre and too little to meet the basic minimum needs of a person even in the remotest village of Nagaland. Though, it would be demeaning to say that the personnel of the V.Gs. have been exploited, keeping in view the fact that they are men of such valour, sacrifice and dedication, but looking from the point of view of the people who are enjoying their service it is nothing less than exploitation. They have not spoken for so long but now their voice has been heard. The concerned authorities both from the Centre and State should have taken up the issue of raising the wages and allowances earnestly and address it with promptitude it deserves. Depending on the letter of the Joint Secretary of the State to the Central Government and stop there without doing anything reveals a very sorry State of affairs, specially, when one is dealing with people whose sacrifice for the Country particularly, for the State has been acknowledged by highest authorities of the Country and the State. 9. With the kind of contribution the V.Gs. have made in safeguarding the borders of the Country and in defending life and properties of the villagers it is difficult to imagine or presumed that their service would or may no longer be required now or in the future. 9. With the kind of contribution the V.Gs. have made in safeguarding the borders of the Country and in defending life and properties of the villagers it is difficult to imagine or presumed that their service would or may no longer be required now or in the future. Therefore, both the State Government and Central Government should seriously consider as to how this force should not only be made viable for the days to come but one that continues to serve the Nation particularly, the people of Nagaland, more effectively with the same valour and dedication. When the force was raised it was raised on ad hoc plan and it has continued to exist in that manner even after several years had passed since then. It is time the policy makers, planners and people who are in the administration should take up appropriate action so that the welfare of this man of valour and dedication is taken care of for the sacrifice they have made and commensurate the service they would continued to render in future. 10. Viewing from all angles nobody will deny that the V.Gs. existing wages and allowances is too meagre and too Utile. Therefore, the State Government should examine and raised the same to a reasonable level but not less than that of the Home Guards of the State. Since the V.Gs. have waited for such a day for too long a time, the exercise should be completed within a period of 2(two) months from the date of receipt of a copy of this order. Such increase in the wages and allowances should be made effective from 01.01.2017 since they have suffered for so long. Before, I close this judgment I would like to reproduce here what the Hon'ble Supreme Court had to say on giving equal pay for equal work in the following paragraphs of the judgment rendered in the case of State of Punjab & others v. Jagjit Singh & others, reported in (2017) 1 SCC 148 , paras 57, 59 & 59 : ( AIR 2016 SC 5176 , paras 54, 55 & 56). "57. There is no room for any doubt that the principle of 'equal pay for equal work' has 'emerged from an interpretation of different provisions of the Constitution. "57. There is no room for any doubt that the principle of 'equal pay for equal work' has 'emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle have been summarized by us in paragraph 42 hereinabove. The principle of 'equal pay for equal work' has also been extended to temporary employees (differently described as work-charge, daily-wage, casual, ad hoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again. 58. In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a Welfare State. Such an action besides being demeaning, strikes at the very foundation of human dignity. Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage. Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation. 59. We would also like to extract herein Article 7, of the International Covenant on Economic, Social and Cultural Rights, 1966. The same is reproduced below:-- "7. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation. 59. We would also like to extract herein Article 7, of the International Covenant on Economic, Social and Cultural Rights, 1966. The same is reproduced below:-- "7. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure' in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays." India is a signatory to the above covenant, having ratified the same on 10-4-1979. There is no escape from the above obligation, in view of different provisions of the Constitution referred to above, and in view of the law declared by this Court under Article 141 of the Constitution of India, the principle of 'equal pay for equal work' constitutes a clear and unambiguous right and is vested in every employee-whether engaged on regular or temporary basis". The writ petition is disposed.