The High Court of Jammu & Kashmir and Ladakh has quashed the new Government policy on Village Defence Group (VDG) in relation to SPOs.
The High Court of Jammu & Kashmir and Ladakh heard arguments from lawyers representing the petitioners, including Senior Advocate P N Raina, Senior Advocate Gagan Basotra, and Advocate Tarun Sharma. Lawyers representing the Union of India and UT, including Deputy Solicitor General Vishal Sharma and Senior AAG Monika Kohli, were also present. After considering the arguments, Justice Sanjeev Kumar noted that the court was not fully convinced that the petitioners had a vested right under the VDGS-1995 policy to continue as SPOs indefinitely or to have unaltered terms and conditions of their engagement. As a result, the court quashed the new Government policy on Village Defence Group (VDG) to the extent of SPOs.
“The appointment of the petitioners made under the 1995 Scheme was governed by the terms and conditions laid down in that 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”, High Court said, adding “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”, Justice Sanjeev Kumar said.
He further said, “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”, adding “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”.
“This court has carefully examined both the Schemes 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”, Justice Kumar said.
Justice Sanjeev found merit in the 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.
High 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”, read the judgment.
