Village Guards of Nagaland on sentry duty at Langnok Post under Longleng during the first wave of the COVID-19 pandemic in 2020. (Morung File Photo)
CS given 1 month to constitute committee and 4 months to determine benefits
Moa Jamir
Dimapur | December 14
The Gauhati High Court Kohima, on December 5, has once again directed the Nagaland Chief Secretary to reconstitute a Committee to examine the enhancement of monthly honorarium to Village Guards (VGs) of Nagaland in compliance with earlier directions of the Court.
The Committee shall have their deliberation or deliberations and determine the benefits to be given to the VGs in terms of the directions given in earlier writ petition and writ appeal, stated an order issued by Justice Songkhupchung Serto, while hearing a contempt petitions filed by the VGs.
The whole exercise should be completed within a period of four months from the date of the constitution of the Committee, the order stated, further directing the Chief Secretary file a compliance affidavit and listing the matter for hearing after four months from the date of the constitution of the Committee.
The Court was hearing the contempt petition filed by VGS “praying for issuance of appropriate writ/direction/order directing the respondents to enhance their monthly honorarium” based on judgments to its writ petition in 2017 as well as a writ appeal made by the State Government in 2019.
‘Lack of concern’ by Union & State Govt
Meanwhile, the December 5 order observed that based on the contents of the minutes of the meetings and the actions taken so far regarding the earlier Court's directions, the Union and the State respondents seem to have “not been gone into in depth to understand the same and their implications.”
Further, it appears that there is lack of concern and whole-heartedness in dealing with the issue, it said.
The Appellate Court directed constitution of the Committee so that the issue/issues involved and the implications thereof are deliberated thoroughly so that the grievance of the VGs may be settled in equitable and just manner, it added.
The services of VGs have been acknowledged and applauded be many including the President of India, the order stated, while citing records that they have been awarded 1 Class-I Ashok Chakra, 8 Class-II Ashok Chakras, and 5 Class-III Ashok Chakras, besides other awards.
“From the letter of the MHA, it appears that the judgments passed in the two cases have not been perused at all and, therefore, have refused to grant any more benefit to them just on the ground of paucity of fund,” it said.
Accordingly, the Court observed in the order that ‘paucity of fund was never an issue before the Writ Court and before the Division Bench. '
“In any case, paucity of fund cannot be a reason for denying entitlement, especially to persons like Village Guards whose service have not been only acknowledged but applauded with so many awards and citations,” it averred.
People who are serving the country in difficult places and times should be given their due because their services keep the people of the country safe and sound, it further observed.
The Court also pointed out that most of the time, those ‘serving the country’ hardly bring their grievances to higher authorities for redressal unless under compelling circumstances.
Therefore, people in authority who are concerned with the affairs of such persons should be more sensitive or sensitive enough to attend to their grievances at the earliest without grieving them any further or without pushing them to the wall, it added.
Case Background
The present case pertains to the petition filed by the Village Guard Association of Nagaland regarding the enhancement of their honorarium in 2017.
As per the Court records, the salary of VGs in Nagaland was then fixed at Rs 1500 per month with ration allowance of Rs 25 per day while on duty and yearly clothing allowance of Rs 500.
“The salary is too meager and too little to meet the basic minimum needs of a person even in the remotest village of Nagaland,” the judgment then noted, directing the State Government to “examine and raise the same to a reasonable level but no less than that of the Home Guards of the State.” The Home Department in a notification on April 3, 2017 had then enhanced the salary of the Home guards from Rs. 150 per day to Rs 520 per day.
“Since VGs have waited for such a day too long a time, the exercise should be completed within a period of two months from the date of receipt of a copy of this order,’ stated the Court judgment order dated 19.11.2017.
However, the State Government filed an appeal against the judgment and thereafter the Division Bench of the Court on 07.02.2019 directed the former to constitute an Expert Committee to examine and determine the issue in consultation with the Union Ministry of Home Affairs (Northeast Division).
A time-frame of four months was given for completion of the exercise.
In pursuance of the direction given by the Division Bench the Government of Nagaland via a Notification dated 14.04.2021, constituted an 8-member Committee to examine the issue and to submit its report within 3 months.
However, with no positive outcome, the VGs filed the contempt petition in February 2022.
During the hearing on december 5, the counsel for the petitioner submitted that the respondents have not taken the directions given in petition and appeal seriously, and have failed to take the matter forward in the right direction.
The representative of the MHA from whom the lion’s share of the fund comes from has never participated in the 3 meetings, the counsel highlighted, arguing that the State respondents also have failed to take up the matter with the Ministry in earnestness as required under the Court directions.
The counsel for the Commissioner of Nagaland, however, submitted that though the Committee was constituted, the representative of the MHA “for one reason or the other” could not be present and his view also could not be obtained even though efforts were made via video conferencing.
Accordingly, a letter was sent to the MHA for obtaining its views and a response dated 14.12.2021, appears to show that the Ministry “is not willing to enhance the monthly honorarium of the Village Guards due to paucity of funds,” the counsel said.
The State respondents, thus, could not take forward the matter to meet the directions given in the petition as well as the appeal, he submitted, adding that the former at least has “tried to comply with the directions” but fell “short of full compliance because of the view expressed by the MHA.”
In the light of the submission, the Court noted that State respondents at least have not deliberately ignored or neglected compliance of the directions given and issued the aforesaid direction.
