File photo
JAMMU APRIL-06-2023- Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court today quashed the new Government policy on Village Defence Group (VDG) to the extent of SPOs.
Justice Sanjeev Kumar after hearing battery of lawyers for the petitioners whereas Vishal Sharma, Deputy Solicitor General of India with Mr. Eishan Dadhichi, CGSC for Union of India whereas Sr. AAG Monika Kohli for the UT, while allowing the bunch of petitions, observed that this Court is not fully convinced that under the VDGS-1995 the petitioners have a vested right either to continue as SPOs indefinitely or to have unaltered terms and conditions of their engagement. The appointment of the petitioners made under the 1995 Scheme was governed by the terms and conditions laid down in the said Scheme. Indisputably, the VDG Scheme of 1995 was issued in the exercise of executive powers of the State. Respondents are thus well within their power to withdraw, modify or alter the Scheme. If respondents, for good reasons, decide to withdraw the Scheme and dispense with the arrangement made thereunder, this Court may not find any fault with such a decision. Respondents may also be well within their right to alter the terms and conditions of appointment of the petitioners even if such alteration or modification of the terms and conditions adversely affects the petitioners. However, the respondents cannot be permitted in law to act arbitrarily and vary the terms and conditions of appointment of the petitioners to their detriment in the colourable exercise of their powers. The policy decisions of the Government, this Court is well aware, are not to be readily interfered with unless such decisions are found to be mala fide, arbitrary and violative of Article 14 of the Constitution of India. The respondents, being a model employer, are expected to act in a fair, just and transparent manner when it deals with the rights and privileges of its citizens guaranteed by Constitution of India.
Justice Sanjeev Kumar in the instant case, this Court had carefully examined both the Schemes and read the relevant provisions between the lines and found that the Scheme, insofar as it denudes the petitioners of their status as SPOs and consequently reduces their remuneration/honorarium from Rs. 18000/- per month, which was being received by them on par with the SPOs working in the Police Stations and Special Operation Groups of the J&K Police, to a sum of Rs. 4500/- per month, is not only an arbitrary and colourable exercise of powers but is actuated by mala fide considerations. The revisiting and revision of the earlier Scheme of 1995, as noticed above, was only to achieve twin objects; whereas the first one i,e, providing some remuneration to each of the members of the Village Defence Group is well appreciable, the second object i.e. to denude the petitioners, who are heading these Village Defence Groups, of their status of SPO and deprive them of honorarium payable to their counterparts working in the Police Department is bad, arbitrary and violative of Article 14 of the Constitution of India.
Justice Sanjeev Kumar further observed that it is not necessary to delve into rival contentions of the parties as to whether the petitioners had a vested and accrued right to continue with their appointment as SPOs and power and privileges attached with such appointment. The right of the petitioners to be treated justly, fairly and in non-arbitrary manner by the State is a guaranteed fundamental right envisaged under Article 14 of the Constitution of India. Since the view taken by me is well fortified by the settled legal position, as such, Court refrain from venturing into the discussion on the position of law debated by learned counsel appearing on both the sides.
Justice sanjeev Kumar found merit in these petitions and disposed of the same with the direction that the Village Defence Group Scheme-2022 issued by the respondents vide Government Order No. 287-Home of 2022 dated 14-08-2022, insofar as it has the effect of denuding the petitioners (heads of the Village Defence Groups) of their status as SPOs and the power and privileges conferred on them by the Village Defence Group Scheme-1995 issued by the Government vide Government Order No. Home-293 of 1995 dated 30-09-1995, is set aside and quashed.
Court also directed the respondents to treat the petitioners as SPOs having been so appointed under the Village Defence Group Scheme of 1995 with all powers and privileges, in particular, in respect to payment of wages/honorarium. They shall continue to receive remuneration as is being paid to their counterparts working in the J&K Police Department and the right of the members of the Village Defence Group, who have been held entitled to a monthly honorarium of Rs. 4000/- under the Village Defence Group Scheme-2022, shall remain unaffected. JNF