STATE TIMES NEWS
JAMMU: Justice Sanjeev Kumar of Jammu & Kashmir and Ladakh High Court has quashed new Government policy on Village Defence Group (VDG) to the extent of SPOs.
Justice Sanjeev Kumar, after hearing battery of lawyers for petitioners, whereas Vishal Sharma, Deputy Solicitor General of India with Eishan Dadhichi, CGSC for Union of India whereas Sr AAG Monika Kohli for the UT, while allowing the bunch of petitions, observed that the Court is not fully convinced that under 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 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. “If respondents, for good reasons, decide to withdraw the Scheme and dispense with the arrangement made there under, 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,” the Court observed.
Justice sanjeev Kumar found merit in 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 August 14, 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 September 30, 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,” the Court directed.
