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Gujarat high court comes to the rescue of border wing jawans

Court asks government to confirm service of 2500 temporary personnel, give them full benefits.

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A division bench of the Gujarat high court on Wednesday directed the state government to give the 2,500 temporary personnel of the border wing of the Home Guard, the status and benefits given to permanent jawans of the state police. The home guard personnel of the border wing will now be able to get pension and other retirement benefits on par with jawans of the state reserve police.

The division bench of Justice DH Waghela and Justice JC Upadhyaya gave this order while hearing a petition filed by the NGO, Shree Yogakshem Manav Gaurav Sansthan. The NGO had filed the petition in the Gujarat high court way back in 2003 with the request that the court direct the state government to give the home guard (border wing) jawans the status of permanent recruits.

In 2005, the high court had ruled in favour of the jawans but the state government had moved a division bench of the Gujarat high court against the court order.

The high court bench has stated in its order that the discriminatory policy adopted by the state government against the temporary personnel of the home guard (border wing) is struck down with this order.

The increments and pay-scales applicable to permanent jawans of the state police will now be paid to the temporary jawans with effect from July 30, 2003, with 7.5 per cent interest. And if the state government fails to pay this amount with all arrears within two months, it will have to pay the amount with 9 per cent interest, the high court said in its order.

The lawyer Rajendra Shukla, who is president of the petitioner NGO, told DNA that the jawans had been serving in temporary capacity for 26 years.

"People who are trained in the use of AK-47 rifles and other sophisticated weapons to guard the country's borders should not be employed in temporary capacity," Shukla said.

"The state government did not bother to give them regular benefits even after the high court ruled in their favour in 2005. However, the high court has once again ordered that they be given all the benefits and salaries payable to permanent jawans of the state police, with 7.5% interest."

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