The Rajasthan High Court has firmly declared that Home Guards serving in a non-rotational, continuous manner for extended periods cannot be termed "volunteers" anymore. In a detailed judgment, Justice Arun Monga expressed concern over the prolonged exploitation of these personnel, highlighting how many have been continuously serving the State for 10 to 20 years without basic employment benefits or job security.
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“Non-rotational Home Guards working on Group-C and D posts have been trapped and masked under the false label of ‘volunteers’. In reality, they are workers exploited for years without proper recognition or rights.”
The Court noted that these Home Guards perform the same duties as regular employees — including maintaining law and order, managing emergencies, and serving various departments — yet receive only a meagre honorarium without holidays, leave, or pension benefits. Their work hours often exceed those of regular staff, yet they continue to be denied recognition.
The petition, filed by Kuldeep Parasar on behalf of the Home Guards Samanvay Samiti, sought special consideration for these long-serving personnel in the recruitment of 52,453 Group C and D posts in Rajasthan. The plea demanded age relaxations, bonus marks, and reservation for Home Guards who have been in service for years.
The Court referred to Supreme Court rulings in State of West Bengal v. Pantha Chatterjee and Union of India v. Parul Debnath, where it was held that once a voluntary service continues for years without break, it transforms into de facto employment.
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“This extraordinary longevity and continuity of service transform their role from one of voluntary participation into a de facto employment relationship with the State.”
Citing this, the Rajasthan High Court concluded that the “volunteer” label was a façade and acknowledged the systemic exploitation of these individuals.
A key direction was to refer the matter to an expert committee already constituted by a previous bench in a similar case (Hari Shankar Acharya & Ors. v. State of Rajasthan). This committee is now tasked with considering the petitioners’ demands, including potential absorption and reservation.
The Court issued a comprehensive set of guidelines for the committee:
- Continuous deployment changes nature of employment.
- Equal pay for equal work must be ensured.
- The government must monitor proper implementation of the Home Guard scheme.
- Technical defences cannot defeat the factual reality of employment.
- Home Guards are entitled to constitutional protections under Articles 14 and 16.
- Authorities must be accountable for consequences of long-term deployment.
The Court also took note of a Union of India circular dated 04.07.2024, urging states to give preference to Civil Defence and Home Guard volunteers in government recruitment. The Rajasthan government informed the Court that consideration on the matter was in process.
“It is rather disheartening that Home Guards are treated worse than casual labourers… Until the State ends this charade, these Home Guards will remain not volunteers but mere victims.”
In conclusion, the High Court emphasized that immediate reforms are not just a policy need but a legal imperative. The petition was disposed of with directions for the expert committee to submit its report before the examination dates scheduled in September 2025.
Title: Kuldeep Parasar v State of Rajasthan
