'Authorities Exploiting Citizen In Name Of Volunteers': P&H High Court Directs Regularisation Of Home Guard Serving For Three Decades

In a strong observation against the exploitation of long-serving personnel, the Punjab and Haryana High Court has directed the regularisation of a Home Guard who has been serving for nearly three decades.

Justice Jagmohan Bansal said, "A member who is working for part of the day or part of the month or part of the year and doing some other job for his livelihood may be called as volunteer, however, a man who is working entire day and without interruption for three decades cannot be called as volunteer."

 The Court highlighted that It would be unjustified and unfair if Class IV or III employees of all other departments are regularized on the basis of service of more than ten years but members of Home Guard are denied said benefit on the ground that they are volunteers.

"It is apt to understand here voluntary nature of any job/work. If a person comes forward to render his service without consideration, it is called as voluntary service. Intention of the service provider is to serve recipient without consideration. There is no quid pro quo. In a country where there is scarcity of job and poverty is writ large, it cannot be assumed that a man would work for decades for the entire day as a volunteer. The petitioner was getting salary which was equal to minimum of pay scale of a Constable. rom other allowances like washing allowance. The appointment of petitioner was not a backdoor entry," it added.

The judge concluded that all these facts collectively prove that petitioner worked for remuneration which was titled as honorarium.

 The Court was hearing a plea of two petitioners who were recruited as Home Guard/Volunteer by Punjab Government in 1992 and worked as Driverfrom 1992 to 2025 and he worked without interruption. The plea was filed seeking regularisation of service.

Justice Bansal highlighted that, "there was no break in his service. There was no interim order of any Court in his favour. It means the petitioner worked with respondent for more than three decades without interruption. The respondent was satisfied with his services. He was working as Driver/Gunman, thus, it was not practically possible to do any other job. He was performing duties as full-time employee."

The Court rejected the argument that the benefit of regularisation cannot be given to the petitioners because the nature of job was volunteer.

"As per instructions of Home Department as well as arguments of respondent, a student/ businessman and even a Government employee may be member of Home Guards because it is voluntary contribution of citizens of the country. It is in form of service. It is not a job entailing remuneration," it added.

The bench said that it is service entailing honorarium and the respondent is trying to misinterpret as well as misuse concept visualized by compendium of instructions issued by Home Department as well as 1947 Act read with Rules made thereunder.

In the light of the above, the Court that petitioner Gurpal Singh is entitled to be regularized. Accordingly, respondent is hereby directed to regularize him. An appropriate order of regularization shall be passed within six months and in case respondent fails to pass said order, Gurpal Singh shall be deemed to be regularized on the expiry of said period.

Mr. R.K. Arora, Advocate with Mr. Jugam Arora, Advocate,

Mr. Prabhat Kashyap, Advocate and Mr. J.S. Bhogal, Advocate for the petitioner(s)

Mr. Aman Dhir, DAG, Punjab.

Title: HARDEV SINGH v. STATE OF PUNJAB AND OTHERS

Citation: 2025 LiveLaw (PH) 408

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