Home Guards Are Volunteers, Their Dependents Cannot Claim Compassionate Employment: Himachal Pradesh High Court

The Himachal Pradesh High Court has dismissed two connected petitions, holding that the dependents of a Home Guard cannot claim permanent job under the Employment Assistant scheme of the State Government when the Home Guard rendered only a voluntary and temporary job.

Justice Satyen Vaidya held: “Thus, when the job performed by Home Guards has been assessed to be purely of temporary nature, it will not be prudent to hold their dependents entitled to benefit under Compassionate Appointment Scheme. The dependents of a Home Guard cannot raise claim for permanent job, when the Home Guard himself renders only a voluntary and temporary job.”

The husbands of the petitioners were Home Guard volunteers engaged under the Himachal Pradesh Home Guards Act, 1968 and died during the period of their engagement. The petitioners approached the authorities contending that, being dependents of government servants, they were entitled to appointment under the Employment Assistant scheme of the State Government.

However, the State authorities rejected their claims on the ground that Home Guards are not permanent employees nor government servants.

In Grah Rakshak, Home Guards Welfare Association v. State of Himachal Pradesh, 2015 the Supreme Court considered the nature of employment of Home Guards and held that they are a volunteer force and are only engaged when required, not regular employees like the police. 

In accordance with the Supreme Court Judgement, the Court noted that when the employment of Home Guards is only temporary in nature, it would not be reasonable to give their dependents a permanent government job under the Employment Assistant scheme of the State Government. 

Thus, the Court dismissed both the petitions.

Case Name: Jogindra v/s State of H.P. & Ors.

Case No.: CWPOA No. 5422 of 2020 a/w CWPOA No. 6225 of 2020

Date of Decision: 21.07.2025

For the Petitioner: Mr.Amrick Singh, Advocate.

For the Respondents: Mr. Hemant K. Verma, Deputy Advocate General

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