2025:JHHC:28735 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6085 of 2017 --------- 1. Banshi Ram, Home guard constable no. 6400, son of Jageswar Ram, resident of Village-Lagma, P.O.- Lagma, P.S. & District Garhwa (Jharkhand). 2. Ramashish Tiwari Home guard constable no. 1218, son of Suryakant Tiwari, resident of Village-Karua-Klan, P.O. Dumaria, P.S. & District Garhwa (Jharkhand). 3. Umakant Choudhary, Home guard constable no. 172, son of Duryodhan Choudhary, resident of Village -Karke, P.O. Sonehara, P.S. -Meral, District Garhwa (Jharkhand) 4. Jainendra Pal, Home guard constable no. 768, son of Deena Nath Pal, resident of Village Banka, P.O.-Banka, P.S.- Meral, District Garhwa (Jharkhand). 5. Deelip Kumar Tiwari, Home guard constable no. 110, son of Late Ram Naresh Tiwari, resident of Mohalla Sahijna, P.O. & P.S. & District Garhwa (Jharkhand). 6. Nitish Kumar Tiwari, Home guard constable no. 115, son of Vikrama Tiwari, resident of Mohalla Deepua, Р.О. & P.S. & District Garhwa (Jharkhand). 7. Firoji Khatoon, Home guard constable no. 127, Daughter of Md. Nasiruddin Khan, resident of Mohalla Pathan Toli, P.O. & P.S. & District Garhwa (Jharkhand). ......Petitioners Versus 1. The State of Jharkhand 2. The Director General of Police, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O, & P.S. Dhurwa, District - Ranchi. 3. The Director General of Home Guards, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S.-Dhurwa, District - Ranchi. 4. The Inspector General of Home Guards, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & PS. - Dhurwa, District - Ranchi. .....Respondents With W.P. (S) No. 2993 of 2014 --------- 1. Dwarika Nath Dubey, Homeguard Constable No. 10326, son of late Suryamani Dubey, resident of Village Dubey Tahle, P.O. & P.S. Majhiaon, District - Garhwa (Jharkhand). 2. Santosh Kumar Shukla, Homeguard Constable No. 181, son of Sri Janeshwar Shukla, resident of Village Jhotar, P.Ο. Jarhi, P.S. Dandai, District Garhwa (Jharkhand). 3. Pankaj Kumar Dubey, Homeguard Constable No. 1056, son of Sri Atendra Nath Dubey, resident of Village & P.O. Dawankara, P.S. Manjhiaon, District - Garhwa (Jharkhand). 4. Ravi Kant Tiwari, Homeguard Constable No. 817, son of 2025:JHHC:28735 2 Rajendra Nath Tiwari, resident of Village Kasnap, P.Ο. Suripur, P.S. Manjhiaon, District - Garhwa (Jharkhand). 5. Narayan Yadav, Homeguard Constable No. 122, son of Sri Radha Yadav, resident of Village Piprakala, P.O. & P.S. & District Garhwa (Jharkhand). 6. Pradeep Kumar Thakur, Homeguard Constable No. 103, son of Shiv Pujan Thakur, resident of Village - Nagwan, P.O. & P.S. & District - Garhwa (Jharkhand). 7. Bindeshwar Mehta, Homeguard Constable No. 125, son of Sri Raj Kumar Mehta, resident of Village - Dipwan, P.O. & P.S. & District - Garhwa (Jharkhand). 8. Ramesh Prasad Yadav, Homeguard Constable No. 1272, son of Sri Mithai Prasad Yadav, resident of Village Putur, P.O. Katharkala, P.S. Dhurki, District - Garhwa (Jharkhand). 9. Jai Prakash Gupta, Homeguard Constable No. 1211, son of Mangru Prasad Gupta, resident of Village Raji, P.O. & P.S. Bhawanathpur, District - Garhwa (Jharkhand). 10. Prem Shankar Mishra, Homeguard Constable No. 103, son of Aditya Mishra, resident of Village Ranadih, P.O. Simaura, P.S. Kandi, District Garhwa (Jharkhand). 11. Asha Kumari, Homeguard Constable No. 144, daughter of Akshay Lal Kushwaha, resident of Village Tandwa, P.O. & P.S. & District - Garhwa (Jharkhand). 12. Mumtaz Ansari, Homeguard Constable No. 11086, son of Khadim Ansari, resident of Village + P.O. + P.S. Meral, District Garhwa (Jharkhand). 13. Krishna Kumar Thakur, Homeguard Constable No. 236, son of Swarth Thakur, resident of Village Purhe, P.O. Karue, P.S. Manjhiaon, District Garhwa (Jharkhand). 14. Noor Alam Ansari, Homeguard Constable No. 938, son of Alimuddin Ansari, resident of Village Salgara, P.O. & P.S. & District Garhwa (Jharkhand). 15. Shashikant Dubey, Homeguard Constable No. 885, son of Virendra Dubey, resident of Village Navada, P.O. & P.S. & District-Garhwa (Jharkhand). 16. Chhotan Singh Kharwar, Homeguard Constable No. 942, son of Mundrika Singh Kharwar, resident of Village Khokha, P.O. Pindra, P.S. Kharaundhi, District - Garhwa (Jharkhand). 17. Uday Narayan Pal, Homeguard Constable No. 1030, son of Bishwanath Pal, resident of Village Sundi, P.O. Raji, P.S. Kharaundhi, District Garhwa (Jharkhand). 18. Vinod Kumar Gupta, Homeguard Constable No. 263, son of Sahbir Shah, resident of Village & P.O. Torelwa, P.S. Kharaundhi, District Garhwa (Jharkhand). 19. Arjun Kumar Ram, Homeguard Constable No. 506, son of Prasad Ram, resident of Village Chiniya, P.O. & P.S. Chiniya, District - Garhwa (Jharkhand). 20. Sudama Ram, Homeguard Constable No. 9663, son of Sri Dukhi Ram, resident of Village- Jhotar, P.O. Jarhi, P.S. Pandai, District Garhwa (Jharkhand). 21. Md. Akhtar Ansari, Homeguard Constable No. 484, son of 2025:JHHC:28735 3 Abdul Gaffar Ansari, resident of Village Chama, P.Ο. Piska, P.S. Meral, District - Garhwa (Jharkhand). 22. Pramesh Yadav, Homeguard Constable No. 1256, son of Ram Briksha Yadav, resident of Village Chiniya, P.O. & P.S. Chiniya, District Garhwa (Jharkhand). 23. Yogendra Manjhi, Homeguard Constable No. 68, son of Ramlal Manjhi, resident of Village & P.O. & P.S. Ramkanda, District - Garhwa (Jharkhand). 24. Ranjan Kumar Yadav, Homeguard Constable No. 123, son of Baijnath Yadav, resident of Village Piprakhurd, P.O. & P.S. & District Garhwa (Jharkhand). 25. Sanjeev Kumar Pandey, Homeguard Constable No. 1084, son of Sri Bashishtha Narayan Pandey, resident of Village - Uchri, P.O. Harigawan, P.S. - Manjhiaon, District - Garhwa (Jharkhand). 26. Sachindra Kumar Dubey, Homeguard Constable No. 935, son of Sri Murari Dubey, resident of Village Rakshi, P.Ο. Ramkanda, P.S. & District- Garhwa (Jharkhand). 27. Kanti Devi, Homeguard Constable No. 147, wife of Vijay Kant, resident of Village Sahijana, P.O. & P.S. & District - Garhwa (Jharkhand). 28. Rajesh Kumar Sinha, Homeguard Constable No. 3113 Son of Late Awadhesh Kumar Sinha resident of Harmu Housing Colony, Near Home guard office, P.O.-Hinoo, P.S.-Argora, District-Ranchi (Jharkhand). 29. Binay Kumar Yadav, Homeguard Constable No. 795, son of Sri Chhathu Yadav, resident of Village Jhotar, P.O. Jarhi, P.S. Pandai, District Garhwa (Jharkhand). 30. Sanjay Yadav, Homeguard Constable No. 203, son of Sri Chhathu Yadav, resident of Village Jhotar, P.O. Jarhi, P.S. Dandai, District Garhwa (Jharkhand). 31. Santosh Kumar Bharti, Homeguard Constable No. 1349, son of Kailash Ram, resident of Village & P.O. Karibadih, P.S. Kharaundhi, District -Garhwa (Jharkhand). 32. Ram Naresh Ram, Homeguard Constable No. 10916, son of Lalman Ram, resident of Village & P.O. Karibadih, P.S. Kharaundhi, District-Garhwa (Jharkhand). 33. Ajay Kumar Mehta, Homeguard Constable No. 900, son of Laxmi Narayan Mehta, resident of Village & P.O. Parsodih, P.S. Bhawanathpur, District - Garhwa (Jharkhand). 34. Anoj Kumar Yadav, Homeguard Constable No. 778, son of Gopal Yadav, resident of Village Jhotar, P.O. Jarhi, P.S. Pandai, District Garhwa (Jharkhand). 35. Uday Yadav, Homeguard Constable No. 964, son of Shiv Lochan Yadav, resident of Village Bhandar, P.O. & P.S. Dhurki, District Garhwa (Jharkhand). 36. Pratap Yadav, Homeguard Constable No. 966, son of Ram Nath Yadav, resident of Village P.O. Deogana, P.S. Meral, District Garhwa (Jharkhand). 37. Chhotelal Yadav, Homeguard Constable No. 1323, son of late Govardhan Yadav, resident of Village Torikala, P.Ο. Jarhi, P.S. Dandai, District - Garhwa (Jharkhand). 2025:JHHC:28735 4 38. Kanhaiya Dubey, Homeguard Constable No. 10919, son of late Jagdish Dubey, resident of Village Dubey Tahle, P.O. & P.S. Majhiaon, District Garhwa (Jharkhand). 39. Budhan Baitha, Homeguard Constable No. 148, son of Jagarnath Baitha, resident of Village Sundi, P.Ο. Raji, P.S. Kharaundhi, District Garhwa (Jharkhand). 40. Dilip Kumar Yadav, Homeguard Constable No. 266, son of Jai Kumar Yadav, resident of Village Sundi, P.O. Raji, P.S. Kharaundhi, District Garhwa (Jharkhand). 41. Shiv Dular Baitha, Homeguard Constable No. 277, son of Basant Baitha, resident of Village Sundi, P.O. Raji, P.S. Kharaundhi, District Garhwa (Jharkhand). 42. Raj Nath Patel, Homeguard Constable No. 1221, son of Laxman Choudhary, resident of Village & P.O. Raji, P.S. Kharaundhi, District - Garhwa (Jharkhand). 43. Shambhu Prasad Singh, Homeguard Constable No. 13445, son of Rajendra Prasad, resident of Jagannathpur (Gamharia), P.O. & P.S. Gamharia, District Seraikella Kharsawan (Jharkhand). 44. Krishna Kumar, Homeguard Constable No. 1111, son of Jaishree Dhobi, resident of Village Nawadih, P.O. Ketar, P.S. Bhawanathpur, District - Garhwa (Jharkhand) 45. Santosh Dubey, Homeguard Constable No. 303, son of Indradeo Dubey, resident of Village Dubey Tahle, P.O. & P.S. Majhiaon, District Garhwa (Jharkhand). 46. Mithun Kumar Singh, Homeguard Constable No. 953, son of Jagarnath Singh, resident of Village & P.O. Banka, P.S. Meral, District Garhwa (Jharkhand). 47. Diwakar Mishra, Homeguard Constable No. 747, son of Gopal Mishra, resident of Village Akalwani, P.O. Lagma, P.S. Meral, District Garhwa (Jharkhand). 48. Kameshwar Ram, Homeguard Constable No. 8613, son of Belas Ram, resident of Village Sangbaria, P.O. & P.S. Meral, District - Garhwa (Jharkhand). 49. Ajay Kumar Gupta, Homeguard Constable No. 1039, son of Ram Chandra Sao, resident of Village Khajuri, P.O. Ataula, P.S. Manjhiaon, District Garhwa (Jharkhand). 50. Rama Shankar Choubey, Homeguard Constable No. 876, son of late Paras Nath Choubey, resident of Village & P.O. Devgana, P.S. Meral, District Garhwa (Jharkhand). 51. Ram Lakhan Ram, Homeguard Constable No. 8833, son of Late Pachu Ram, resident of Village Bagahi, P.O. Soha, P.S. & District Garhwa (Jharkhand). 52. Madhu Devi, Homeguard Constable No. 148, wife of Rupesh Kumar, resident of Village - Sahijana, P.O. & P.S. & District - Garhwa (Jharkhand). 53. Uday Kumar Singh, Homeguard Constable No. 11087, son of Sri Ramraj Singh, resident of Village Harigawan, P.Ο. Lamari Kala, P.S. Kandi, District - Garhwa (Jharkhand). 54. Srikant Vishwakarma, Homeguard Constable No. 1156, son of Ramkesh Vishwakarma, resident of Village Torikala, P.O. Jarhi, P.S. Dandai, District - Garhwa (Jharkhand). 2025:JHHC:28735 5 55. Keshav Nath Ram, Homeguard Constable No. 10317, son of Late Shiv Narayan Ram, resident of Village Aseya, P.O. Ranka Baulia, P.S. & District - Garhwa (Jharkhand). 56. Kamta Prasad, Homeguard Constable No.1196, son of Viswanath Chandrabansi, resident of Village Mokhapi, P.Ο. Janagra, P.S.-Kandi, District Garhwa (Jharkhand). 57. Satyendra Kumar Yadav, Homeguard Constable No. 1037, son of Ganesh Prasad Yadav, resident of Village & P.O. & P.S.- Chinia, District Garhwa (Jharkhand). 58. Jainul Ansari, Homeguard Constable No. 607, son of Late Almuddin Ansari, resident of Village Gamhariya, P.O. & P.S.- Ramuna, District - Garhwa (Jharkhand). 59. Janardan Tiwari, Homeguard Constable No. 8787, son of Late Atmadeo Tiwari, resident of Village Hur Madya, P.O. & P.S. & District Garhwa (Jharkhand). 60. Ram Vinay Choubey, Homeguard Constable No. 10159, son of Late Ram Parikha Choubey, resident of Village Ranadih, P.Ο. Semaura, P.S.-Kandi, District Garhwa (Jharkhand). 61. Rameshwar Tiwari, Homeguard Constable No. 10165, son of Late Muni Tiwari, resident of Village -Kundi, P.O. Ranka Baulia, P.S. & District Garhwa (Jharkhand). 62. Vijay Kumar Choubey, Homeguard Constable No. 975, son of Late Vinay Kumar Choubey, resident of Village Hur Madhya, P.O.& P.S. & District Garhwa (Jharkhand). ......Petitioners Versus 1. The State of Jharkhand through the Principal Secretary, Department of Home, Government of Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District - Ranchi. 2. The Director General of Police, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District - Ranchi. 3. The Director General of Home Guards & Civil Defence, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. .....Respondents With W.P. (S) No. 5854 of 2014 --------- 1. Rajeshwar Kumar Singh, Home guard constable no. 579, son of Sri Amar Dayal Singh,resident of Vill-Bankheta, P.O.-Silidag, P.S. -Ramuna, District Garhwa (Jharkhand). 2. Raj kumar Mahto, son of Sri Ram lal Mahto, Home guard constable no. 10342, resident of Village - Adhora, P.O. -Banka, P.S. Meral, District Garhwa (Jharkhand) 3. Sursen Yadav, Home guard constable no. 605, son of Sri Rajeshwar Yadav,resident of Vill-Babhanta, P.O. & P.S. - Ramuna, District - Garhwa (Jharkhand). 4. Asharfi Mehta, Home guard constable no. 1078, son of Sri Mukhlal Mehta, resident of Vill-Majhigawa, P.O.-Silidag, P.S. 2025:JHHC:28735 6 Ramuna, District - Garhwa (Jharkhand). 5. Sambhu Nath Singh, Home guard constable no. 821, son of Sri Kamla Singh ,resident of Vill-Rapura, P.O.-Majhigawa, P.S. - Bhawanathpur, District Garhwa (Jharkhand). 6. Jaswant Kumar Pashwan, Home guard constable no. 597, son of Sri Tulsi Ram Paswan, resident of Vill-Chana Kala, P.O.- Gamharia, P.S. -Ramuna, District - Garhwa (Jharkhand). 7. Santosh Choudhary, Home guard constable no. 1167, son of Late Saguni Choudhary, resident of Vill-Merauni, P.O.- Hariharpur, P.S. –Bhawanathpur, District Garhwa (Jharkhand). 8. Deoshankar Prasad Gupta, Home guard constable no. 1011, son of Sri Bindu Prasad Gupta, resident of Vill & P.O.& P.S. Ramuna, District - Garhwa (Jharkhand). 9. Ajay Kumar Tiwary, Home guard constable no. 8612, son of Sri Ram Lakhan Tiwary ,resident of Vill- Rapura, P.O.-Majhigawa, P.S. -Bhawanathpur, District Garhwa (Jharkhand). 10. Shailendra Pal, Home guard constable no. 1028, son of Sri Jitu Pal, resident of Vill-Majhigawan (Jhurta), P.O.-Silidag, P.S. Ramuna, District - Garhwa (Jharkhand). 11. Arun Kumar Dubey, Home guard constable no. 10918, son of Sri Gokhul Dubey ,resident of Vill-Dubey Tahle, P.O. & P.S. Manjhiawn, District - Garhwa (Jharkhand). 12. Alakh Narayan Pandey, Home guard constable no. 8186, son of Late Ram Krisna Pandey,resident of Vill- Bardiha, P.O. & P.S. - Manjhiawn, District - Garhwa (Jharkhand). 13. Shivcharan Prasad Gupta, Home guard constable no. 923, son of Sri Nagin Prasad Gupta,resident of Vill-& P.O.-Birbal, P.S. Dhurki, District - Garhwa (Jharkhand). 14. Thakur Dayal Singh, Home guard constable no. 1209, son of Sri Udan Singh,resident of Vill-Chatailiya, P.O. & P.S. -Chiniya, District - Garhwa (Jharkhand). 15. Mukhlal Yadav, Home guard constable no. 1276, son of Sri Ram Prasad Yadav resident of Vill-Ranpura, P.O. & P.S. Chiniya, District - Garhwa (Jharkhand). 16. Purushottam Chaturvedi, Home guard constable no. 970, son of Sri Krishna Chaturvedi, resident of Vill-Ghurua, Ρ.Ο.-Sheopur, P.S. -Majhiawn, District - Garhwa (Jharkhand). 17. Radha Prasad Thakur Home guard constable no. 10740, son of Sri Ram Prasad Thakur, resident of Vill-Kanpura, P.O. -Rohila, P.S. -Nagar Untari, District Garhwa (Jharkhand). 18. Chandra Bhusan Kumar, Home guard constable no. 1087, son of Sri Jai Ram Saw, resident of Vill-Unchari near Bazar Samittee, P.O. & P.S. & District Garhwa (Jharkhand). 19. Ram Kripal Dubey, Home guard constable no. 1176, son of Late Suneshwar Dubey resident of Vill-Jhura, P.O.-Hur, P.S. & District - Garhwa (Jharkhand). 20. Arun Prakash Baitha, Home guard constable no. 1018, son of Sri Rajeshwar Baitha, resident of Vill & P.O-Haliwanta Kala, P.S. -Nagar Untari, District Garhwa (Jharkhand). 21. Surendra Yadav, Home guard constable no. 1242, son of Sri Munsi Yadav, resident of Vill-Tahle, P.O. & P.S. -Chiniya, 2025:JHHC:28735 7 District Garhwa (Jharkhand). 22. Sandeep Kumar Pandey, Home guard constable no. 728, son of Sri Sachida nand Pandey, resident of Vill-Unchari, P.O.- Harigawa, P.S. -Manjhiawn, District Garhwa (Jharkhand). 23. Jitendra Kumar Paswan, Home guard constable no. 979, son of Sri Budhi Narayan Paswan, resident of Vill-Jarhi, P.O. & P.S. Dandai, District - Garhwa (Jharkhand). 24. Vinay Tiwari, Home guard constable no. 1010, son of Sri Girwar Tiwari, resident of Vill- sisaw, P.O.- Udaypur, P.S. Ramkanda, District - Garhwa (Jharkhand). 25. Md. Sad Hussain, Home guard constable no. 845, son of Md. Yasin Ansari, resident of Vill-Chanakala, P.O. Gamharia, P.S. Ramna, District - Garhwa (Jharkhand). 26. Anup Kumar Tiwari, Home guard constable no. 881, son of Sri Lalu Tiwari, resident of Vill- Rapura, P.O. -Majhigawa, P.S. Bhawanathpur, District Garhwa (Jharkhand). 27. Ashish Kumar Pandey, Home guard constable no. 762, son of Sri Satya Narayan Pandey, resident of Vill-Unchari, P.O.- Harigawa, P.S. -Majhiaw, District - Garhwa (Jharkhand). 28. Deo Shankar Gupta, Home guard constable no. 1011, son of Sri Kulchand Ram, resident of Vill & P.O.-Lamari Kala, P.S. -Kandi, District - Garhwa (Jharkhand). ......Petitioners Versus 1. The State of Jharkhand 2. The Director General of Police, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Director General of Home Guards, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 4. The Inspector General of Home Guards, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. .....Respondents With W.P. (S) No. 5147 of 2016 --------- 1. Charan Chattar, Home guard constable no. 13391, son of Late Baday Chattar, resident of Vill- Dabusai, P.O.-Parsa, P.S. Majhgaon, District West Singhbhum, Chaibasa, (Jharkhand). 2. Gurucharan Birua, Home guard constable no. 12023, son of Late Sadhucharan Birua, resident of Village Balkand, P.O. Dilka, P.S. Manjhari, District -West Singhbhum, Chaibasa, (Jharkhand) 3. Jyoti Tape, Home guard constable no. 043, Daughter of Late Hari Deogam,resident of Vill-Bari Pukar, (Purana Chaibasa), P.O. Chaibasa, P.S. Muffassil, District West Singhbhum, Chaibasa, (Jharkhand). 4. Pratap Birua, Home guard constable no. 12022, son of Late Saducharan Birua, resident of Vill- Balkand, P.O.-Pilka, P.S. 2025:JHHC:28735 8 Manjhari, District West Singhbhum, Chaibasa, (Jharkhand). 5. Ramcharan Chattar, Home guard constable no. 13385, son of Sri Surendar Chattar,resident of Vill- Khajuria, P.O.-Nayagaon (Asharam), P.S. Majhgaon, District West Singhbhum, Chaibasa, (Jharkhand). 6. Marshal Birua, Home guard constable no. 13469, son of Late Raghunath Birua, resident of Vill- Chota Turlo, P.O.- Bhaga Bila, P.S. Manjhari, District - West Singhbhum, Chaibasa, (Jharkhand). 7. Mohan Singh Kuntia, Home guard constable no. 12049, son of Late Songa Singh Kuntia, resident of Vill & P.O.- Dalki, P.S. - Tonto, District West Singhbhum, Chaibasa, (Jharkhand). 8. Charan Laguri, Home guard constable no. 12043, son of Late Sagar Laguri, resident of Vill - Siringsia (Mundasai), P.O.- Siringsia, P.S. - Tonto, District-West Singhbhum, Chaibasa, (Jharkhand). 9. Nanu Samad, Home guard constable no. 11970, son of Sri Jambira Samad, resident of Village- Gitilader, P.O.-Tatanagar, P.S. Manjhari, District (Jharkhand). West Singhbhum Chaibasa 10. Satya Narayan Birua, Home guard constable no. 13409, son of Late Sri Joba Birua, resident of Vill-Barkundia, P.O.-Baralagra, P.S. Manjhari, District West Singhbhum Chaibasa (Jharkhand). 11. Krishana Kumar Matri, Home guard constable no. 12054, son of Late Sri Jagnnath Matri,resident of Vill-Chitimiti, P.O.- Chitimiti, P.S. Manjhari, District - West Singhbhum Chaibasa (Jharkhand). 12. Tiriya Birua, Home guard constable no. 13015, son of Late Sri Sadan Birua,resident of Vill-Meromhonar(Patasai), P.O.-Gitiipee & P.S. Manjhari, District West Singhbum Chaibasa (Jharkhand). 13. Ghasiram Pingua, Home guard constable no. 11660, son of Late Pratap Pingua, resident of Vill-Tirilpee, P.O.-Kurdiadhar & P.S. -Kumardungi, District - West Singhbum Chaibasa (Jharkhand). 14. Dinesh Birua, Home guard constable no. 10599, son of Late SriJamdar Birua,resident of Vill-Putisia (Tulaladusai) & P.O.- Pilka, P.S. Manjhari, District West Singhbum Chaibasa (Jharkhand). 15. Vijar Singh Sundi, Home guard constable no. 10529, son of Late Sri Bikram Sundi,resident of Vill-Baraguira, P.O.- Barguira & P.S. Muffasil, District West Singhbum Chaibasa (Jharkhand). 16. Bharat Bhusan Pingua, Home guard constable no. 13465, son of Sri Baldeo Singh Pingua, resident of Vill-Gatevasang, P.O. - Nayagaun, P.S. Majhgau, District - West Singhbhum, (Jharkhand). 17. Lal Singh Hess, Home guard constable no. 13104, son of Late Saluka Hessa,resident of Vill Duruila, P.O.-Barajhinkpani, P.S. Tonto, District West Singhbhum (Jharkhand). 18. Deepak Kumar Balmuchu, Home guard constable no. 13016, son of Sri Krishna Balmuchu, resident of Vill-Nimdhi, P.O. - Dhalki, P.S. -Tonto, District - West Singhbhum (Jharkhand). 19. Kolay Kunkal, Home guard constable no. 11013, son of Late 2025:JHHC:28735 9 Shivcharan Kunkal, resident of Vill- Purda, P.O. -Gittilpe, P.S.- Manjhari, District West Singhbhum (Jharkhand). 20. Ghanshyam Hembrom, Home guard constable no. 11687, son of Late Vijay Singh Hembrom, resident of Vill- Batigutu, P.O.- Tantnagar, P.S.- Manjhari, District - West Singhbhum (Jharkhand). 21. Lal Singh Purty, Home guard constable no. 13101, son of Late Arjun Purty, resident of Vill -Serenbil, P.O- Tantnagar, P.S. - Manjhari, District - West Singhbhum (Jharkhand). 22. Amar Kumar Tiriya, Home guard constable no. 13286, son of Sri Damu Tiriya,resident of Vill- Kalaiya, P.O. Dangoaposi, P.S. Noamundi, District West Singhbhum (Jharkhand). 23. Parmanand Chattar, Home guard constable no. 13394, son of Sri Sukhlal Chattar, resident of Vill- Khajuri, P.O.-Nayagaon (Ashram), P.S. Majhgaon, District West Singhbhum (Jharkhand). 24. Kamlesh Birua, Home guard constable no. 10717, son of Sri Manday Birua, resident of Vill- Patahatu, P.O. Gittilpe, P.S. - Manjhari, District - West Singhbhum (Jharkhand). 25. Praphulla Mahto, Home guard constable no. 13270, son of Late Hundro Mahato, resident of Vill- Bhadrudih, P.O.-Tablapur, P.S. Seraikella, District Seraikella-Kharswan (Jharkhand). 26. Ganesh Kumar, Home guard constable no. 3408, son of Sri Gopal Mandal, resident of Central Training Center, Home Guard, P.O. & P.S.-Dhurwa, District - Ranchi, (Jharkhand). 27. Kamlesh Kumar, Home guard constable no. 3200, son of Sri Yogeshwar, resident of Quarter No. DT2542, P.O. & P.S. - Dhurwa, District - Ranchi, (Jharkhand). 28. Chandra Bhusan, Home guard constable no. 3224, son of Sri Arun Kumar Sharma, resident of Dhurwa, P.O. & P.S. -Dhurwa, District - Ranchi, (Jharkhand).. 29. Kailash Tiwari, Home guard constable no. 16058, son of Sri Rameshwar Ram Tiwari, resident of Vill - Sonchipi, P.O.-Sosai, P.S. -Chanho, District - Ranchi (Jharkhand). 30. Sukumar Barik, Home guard constable no. 3261, son of Sri Brajendra Nath Barik, resident of Aryapuri, P.O.-Hehal, P.S. - Sukhdeo Nagar, District - Ranchi (Jharkhand) 31. Rajesh Kumar Bhagat, Home guard constable no. 3232, son of Sri Achhe Lal Bhagat, resident of Vill Mausi Badi, Golchakkar, P.O. & P.S. Dhurwa, District Ranchi (Jharkhand) 32. Vikash Kumar Srivastava, Home guard constable no. 18002, son of Sri Mahesh Prasad Srivastava, resident of Harmu, P.O.- Harmu, P.S. Argora, District Ranchi (Jharkhand) ......Petitioners Versus 1. The State of Jharkhand 2. The Director General of Police, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District - Ranchi. 3. The Director General of Home Guards, Jharkhand, having its 2025:JHHC:28735 10 Office at Police Head Quarters, Dhurwa, P.O. & P.S. -Dhurwa, District - Ranchi. 4. The Inspector General of Home Guards, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District - Ranchi. .....Respondents With W.P. (S) No. 1826 of 2018 --------- 1. Pushpanjali Devi, aged about 35 years, Home guard constable no. 149, wife of Shiv Kumar, resident of Village-Jobraiya, P.O. Garhwa, P.S. & District Garhwa (Jharkhand). 2. Lalita Soni, aged about 47 years, Home guard constable no. 133, daughter of Munna Prasad Soni, resident of Sai Muhalla, P.O. Garhwa, P.S. & District Garhwa (Jharkhand). 3. Sajda Khatun, aged about 33 years, Home guard constable no. 129, daughter of Md. Nezam Kha, resident of Pathan Toli, P.O. Garhwa, P.S. & District Garhwa (Jharkhand). 4. Ragani Kumari, aged about 31 years, Home guard constable no. 157, daughter of Ramnaresh Ram, resident of Garghdevi, P.O. Garhwa, P.S. & District Garhwa (Jharkhand). 5. Ramnath Baitha, aged about 49 years, Home guard constable no. 104, Son of Ram Bilas Baitha, resident of Piprakala, P.O. Garhwa, P.S. & District - Garhwa (Jharkhand). ......Petitioners Versus 1. The State of Jharkhand. 2. The Director General of Police, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 3. The Director General of Home Guards, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. 4. The Inspector General of Home Guards, Jharkhand, having its Office at Police Head Quarters, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : M/s. Manoj Kr. Choubey, Madhav Prasad, Gautam Kr. Pandey, Avnish Kumar Pathak, Krishna Prajapati, Advocates For the Respondent(s) : Mr. J.F. Toppo, G.A.-V Mr. Uttam Kr. Das, A.C to G.P.-VI Ms. Divya, A.C to S.C.-III Mr. Mukul Kr. Singh, A.C to G.P.-III Mr. A. K. Geasen, A.C to A.A.G.-IA --------- 16/Dated:-17.09.2025 1. Heard learned counsel for the parties. Since all these 2025:JHHC:28735 11 writ applications involve similar question of law; accordingly, with consent of the parties, all were heard together and disposed of by this common order. 2. The writ application being W.P. (S) No. 6085 of 2017 has been preferred by the petitioners praying therein for the following reliefs: a. For issuance of a writ, order, direction in the nature of mandamus holding that the petitioners hold a "civil post" and to grant all consequential benefit and to treat the petitioners at par with the whole time (organizational staff) of the Home Guards and to grant all consequential benefits including the benefit of salary, allowances, increments, pay scale, leave, provident fund, gratuity etc and other benefits to the petitioners at par with the Home Guards appointed on substantive post and to grant arrears of salary. b. For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to absorb the services of the petitioners in the establishment of the respondents irrespective of the age bar. c. During pendency of the present writ application the Hon'ble Court may be pleased to direct the respondents not to take any coercive action against the petitioners and they may be allowed to continue their services as Home Guards. 3. The writ application being W.P. (S) No. 2993 of 2014 has been preferred by the petitioners praying therein for the following reliefs: (a) For issuance of a writ, order, direction in the nature of mandamus holding that the petitioners hold a "civil post" and to grant all to consequential benefit and treat the petitioners at par with the whole time (organizational staff) of the Home Guards; (b) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to frame the Rules regarding the conditions of service of the petitioner and to grant all consequential benefits including the benefit of salary, allowances, 2025:JHHC:28735 12 increments, pay scale, leave, provident fund, gratuity etc. (c) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to par salary and other benefits to the petitioners at par with the Home Guards appointed on substantive post and to grant arrears of salary. (d) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to absorb the services of the petitioners in the establishment of the respondents irrespective of the age bar. (e) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to grant the petitioner the benefit of age relaxation and relaxation in physical standard while applying for the appointment in the Police Department and JSEB as per reservation applicable to them. (f) For issuance of a further appropriate writ, order, direction commanding/directing the respondents to produce the entire record pertaining to the present petition for kind perusal of the Hon'ble Court. (g) To grant any other relief(s) which the Hon'ble Court may deem fit in the facts and circumstances of the case narrated supra. (h) During pendency of the present writ application the Hon'ble Court may be pleased to direct the respondents not to take any coercive action against the petitioners and they may be allowed to continue their services as Home Guards and be further pleased not to amend or alter the service condition of the petitioners. 4. The writ application being W.P. (S) No. 5854 of 2014 has been preferred by the petitioners praying therein for the following reliefs: (a) For issuance of a writ, order, direction in the nature of mandamus holding that the petitioners hold a "civil post" and to grant all consequential benefit and to treat the petitioners at par with the whole time (organizational staff) of the Home Guards; (b) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to frame the Rules regarding the conditions of service of the petitioner and to grant all consequential benefits including the benefit of salary, allowances, increments, pay scale, leave, provident fund, gratuity etc. 2025:JHHC:28735 13 (c) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to par salary and other benefits to the petitioners at par with the Home Guards appointed on substantive post and to grant arrears of salary. (d) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to absorb the services of the petitioners in the establishment of the respondents irrespective of the age bar. (e) For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to grant the petitioner the benefit of age relaxation and relaxation in physical standard while applying for the appointment in the Police Department and JSEB as per reservation applicable to them. (f) For issuance of a further appropriate writ, order, direction commanding/directing the respondents to produce the entire record pertaining to the present petition for kind perusal of the Hon'ble Court. (g) To grant any other relief(s) which the Hon'ble Court may deem fit in the facts and circumstances of the case narrated supra. (h) During pendency of the present writ application the Hon'ble Court may be pleased to direct the respondents not to take any coercive action against the petitioners and they may be allowed to continue their services as Home Guards and be further pleased not to amend or alter the service condition of the petitioners. 5. The writ application being W.P. (S) No. 5147 of 2016 has been preferred by the petitioners praying therein for the following reliefs: a. For issuance of a writ, order, direction in the nature of mandamus holding that the petitioners hold a "civil post" and to grant all consequential benefit and to treat the petitioners at par with the whole time (organizational staff) of the Home Guards; b. For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to par salary and other benefits to the petitioners at par with the Home Guards appointed on substantive post and to grant arrears of salary. c. For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to absorb the services of the petitioners in 2025:JHHC:28735 14 the establishment of the respondent:: irrespective of the age bar. d. For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to grant the petitioner the benefit of age relaxation and relaxation in physical standard while applying for the appointment in the Police Department and JSEB as per reservation applicable to them. e. During pendency of the present writ application the Hon'ble Court may be pleased to direct the respondents not to take any coercive action against the petitioners and they may be allowed to continue their services as Home Guards and be further pleased not to amend or alter the service condition of the petitioners. 6. The writ application being W.P. (S) No. 1826 of 2018 has been preferred by the petitioners praying therein for the following reliefs: a. For issuance of a writ, order, direction in the nature of mandamus holding that the petitioners hold a "civil post" and to grant all consequential benefit and to treat the petitioners at par with the whole time (organizational staff) of the Home Guards and to grant all consequential benefits including the benefit of salary, allowances, increments, pay scale, leave, provident fund, gratuity etc and other benefits to the petitioners at par with the Home Guards appointed on substantive post and to grant arrears of salary. b. For issuance of a further appropriate writ, order, direction in the nature of mandamus directing the respondents to absorb the services of the petitioners in the establishment of the respondents irrespective of the age bar. c. During pendency of the present writ application the Hon'ble Court may be pleased to direct the respondents not to take any coercive action against the petitioners and they may be allowed to continue their services as Home Guards. 7. At the outset, Ld. Counsel representing all the petitioners submits that the issue involved in these writ applications is with regard to payment of all consequential benefits at par with regular police personnel. All these petitioners 2025:JHHC:28735 15 are homeguards and they are claiming that they should be paid at par with the regular police personnel. 8. Ld. Counsel further submits that the issue has been decided in several cases and in one of the cases i.e., W.P. (S) No. 582 of 2017 (Ajay Prasad and others vs. The State of Jharkhand and others), the coordinate bench of this Court has allowed the prayer of the petitioners of that case. Pursuant thereto; the Respondents challenged the said order, however, the order passed by the Writ Court was not interfered and the order passed by the Division Bench was further challenged by the State before the Hon’ble Apex Court; however, that has also been dismissed; accordingly, similar order may be passed in all these writ applications what has been given in Ajay Prasad and others (supra). 9. Learned counsel for the Respondents submits that this issue is recurring again and again and therefore, the matter is pending before the Cabinet for a concrete decision. However, learned counsel for the Respondents could not dispute the fact that the order rendered in the case of Ajay Prasad and others (supra) is same and similar. He could also not dispute the admitted position that the order passed in the case of Ajay Prasad and others (supra) was upheld by the Division Bench of this Court in L.P.A. No. 272 of 2018 and the same was challenged before the Hon’ble Apex Court by the State before the SLP Diary No. 25654 of 2023, which was also dismissed. 10. Learned State Counsel reiterated that the matter is 2025:JHHC:28735 16 pending before the cabinet for a concrete decision with regard to payment of emoluments to the homeguards. 11. Having heard learned counsel for the parties and after going through the order passed in the case of Ajay Prasad and others (supra), it appears that the coordinate bench of this Court has allowed the writ petition by holding as under: “Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the respondents have not considered the cases of the petitioners in right perspective. The order and directions of the Hon'ble Apex Court has not been considered in its true spirit. There was an specific directions of the Hon'ble Apex Court that while taking into consideration the fact that the services of the Home Guards are used during an emergency and for other purposes and at the time of their duty, they are empowered with the power of police personnel and hence, they are entitled for minimum of the pay and the minimum of the pay was further clarified in the Contempt Petition that 'minimum of the pay' used in paragraph 22 of the judgment and order dated 11th March, 2015 means the basic pay +grade pay+ dearness allowance + washing allowance. In my view, the petitioners are entitled for the same benefits what has been held by the Hon'ble Apex Court. Accordingly, I hereby direct the respondentsState to reconsider the cases of the petitioners and other Home Guards of the State for giving them the benefits, in view of the order of the Hon'ble Apex Court passed in Cont. Petition (C) No. 699-700 of 2015 arising out of Civil Appeal No. 2782-2783 of 2015. The matter is remanded back before the respondents-State to take a fresh decision in accordance with law. Let a decision be taken by the respondents-State within a period of two months from the date of receipt of a copy of this order, as the matter has been remanded, the order dated 23.02.2017 is hereby quashed and set aside.” 12. The record further reveals that the order passed by the coordinate bench in Ajay Prasad and others (supra) was challenged by the State before the Division Bench of this Court in L.P.A. No.272 of 2018 wherein the Division Bench of this Court has held as under: “8. This Court, after considering the fact that the learned Single Judge has passed the impugned order on the basis of a direction passed by the Hon’ble Apex Court and that is the reason the State has filed interlocutory applications for extension of time to complete the exercise in compliance to the order passed by the learned Single Judge which is based upon the order passed by the Hon’ble Apex 2025:JHHC:28735 17 Court. 9. Since the learned Single Judge has disposed of the writ petition on the basis of the order passed by the Hon’ble Apex Court, therefore, this Court is of the considered view that there is no infirmity in the impugned order. 10. It requires to refer herein that the order dated 23.02.2017 passed by the administrative authority, although has not been assailed, but the learned Single Judge has quashed the said decision after taking into consideration the judgment passed by the Hon’ble Apex Court in Civil Appeal No.2782-2783 of 2015 and while doing so, if the learned Single Judge has taken into consideration the law laid down in this regard holding the Home Guards entitled for the minimum of pay scale and if contrary decision has been taken by the State authority in the order dated 23.02.2017 and in that circumstances interference has been shown, the same cannot be said to suffer from any impropriety. Such finding is based upon the legal position that once the Hon’ble Apex Court has decided the issue, it will become the rule of land and is having binding effect in view of the provision of Article 141 of the Constitution of India. The order passed by the Hon’ble Apex Court is having its binding effect and if any contrary decision has been taken by the State, according to our considered view, the decision taken by the Hon’ble Apex Court, in view of the provision of Article 141 of the Constitution of India, will prevail upon the decision taken by the administrative authority. 11. Therefore, this Court is of the view that even though the order dated 23.02.2017 has not been questioned by the writ petitioners in the writ petition before the learned writ court, but taking into consideration the relief sought for in the writ petition, if the learned Single Judge has come to the conclusion that the decision so taken by the authority concerned, as has been brought on record by way of counter affidavit, is coming in the way or is in the teeth of the direction passed by the Hon’ble Apex Court and has quashed the same on that account, the same cannot be said to suffer from an error. 12. It is required to refer herein that the order passed by the learned Single Judge dated 25.08.2017 is based upon the order passed by the Hon’ble Apex Court on 04.05.2016 and interlocutory application has already been filed by the State for extension of time for a period of six months, therefore, let the entire exercise be completed within a period of three months from the date of receipt of copy of the order. 13. Accordingly, the instant appeal stands dismissed with the aforesaid observation.” 13. The record further reveals that the order passed by the Division Bench of this Court in L.P.A. No.272 of 2018 was further assailed by the Respondent-State before the Hon’ble Apex Court being SLP Diary No. 25654 of 2023, the detail of which is mentioned in para 10 of the supplementary affidavit of I.A. No.9838 of 2018 dated 24.01.2024 in W.P.(S) No.6085 of 2017 2025:JHHC:28735 18 wherein at para 10 they have quoted the order of the Hon’ble Apex Court which is extracted hereunder: “………… in view of the order passed by this Court in Cont. (C) No.- 699/700/2015 in Civil Appeal No.-2728–2783 etc. dated 04.05.2016, we are not inclined to interfere in the order passed by the High Court. The Special Leave Petition is dismissed. Pending application stand disposed of.” 14. Having regards to the aforesaid orders; it is crystal clear that the issue with regard to payment of all consequential benefits at par with regular police personnel, has already been set at rest. The contention of the Respondents that one of the L.P.A. is pending before the Division Bench which has been filed after an order passed in contempt case does not make much difference since the case of all these petitioners is squarely covered by the decision passed in the case of Ajay Prasad and others (supra) which has attained finality up till Hon’ble Apex Court. 15. Accordingly, all these writ applications are allowed and the Respondents are directed to give same and similar benefits what has been held in Ajay Prasad and others (supra), in the case of all these petitioners. 16. As a result, all these petitions stand disposed of. Pending IAs, if any, also stand closed. (Deepak Roshan, J.) SEPTEMBER 17, 2025 vikas/- N . A . F . R .