Jammu, Jan 4: The High Court of J&K and Ladakh has asked the government not to give effect to the new policy regarding Village Defence Group (VDG) even as it issued notice returnable within four weeks to it for filling its response.
A bench of Justice Sanjeev Kumar passed orders after hearing a bunch of petitions filed by Heads of Village Defence Groups, who have been appointed in 1995 and given the powers of special police officers and are receiving the honorarium payable to the SPOs in the police.
The petitioners have challenged the new policy issued last year under which their nomenclature has been changed and their monthly honorarium reduced from Rs18,000 to Rs. 4500.
With a view to meet the demand of the other members of the Village Defence Groups for remuneration and also to bring down the honorarium payable to SPOs, the government came up with a new Scheme known by the name of ‘Village Defence Groups Scheme, 2022’ (VDGS-2022) promulgated vide Government Order (No. 287-Home of 2022) on 14 August last. The scheme was issued in supersession of earlier Scheme issued by Government in 1995 but was made operational prospectively with effect from August 15 last year. By virtue of this scheme, the nomenclature of SPO, which was given to the head the VDG under earlier scheme has been done away with and new nomenclature i.e., ‘V1 category’ and ‘V2 category’ has been created.
The petitioners have challenged the new police to the extent that it changes the nomenclature from SPO to V1 group and also insofar as it reduces their honorarium from Rs.18,000 per month to Rs. 4500 per month.
The petitioners argued that not only the new scheme is prospective in operation and would apply to the new recruitment to V1 Group and V2 Group but it also reduces the honorarium of the petitioners and other SPOs from Rs. 18000 to 4500 per month without giving any reasons.
Vishal Sharma, DSGI and Monika Kohli, Sr. AAG, appearing on behalf of the centre and UT government respectively, submitted that by virtue of the new scheme, the earlier scheme promulgated in 1995 has been superseded and the petitioners and other members of the group are now governed it. They said that the necessity to issue the new scheme arose in view of the genuine demand of other members of the group who despite performing the similar duties were denied honorarium.
“Prima facie, a case for showing indulgence at this stage is made out. Indisputably, the new scheme promulgated vide Govt. Order dated 14.08.2022 is prospective in nature and cannot operate qua (as regards) the rights of the petitioners,” the Bench said, adding, “This Court also sees no justification in bringing down the remuneration from Rs.18,000 to Rs. 4500 as well. There is no change in the duties to be performed by the petitioners under the earlier scheme and the new scheme.”
Prima facie, the court said, no good reason is forthcoming as to why the nomenclature of the petitioners has been changed “except that it is aimed at denuding them of their status as SPOs appointed under the Police Act and the rules framed thereunder.”
While issuing the notice to the government for response within four weeks, the court said: “In the meanwhile, subject to objections and till next date before the Bench, the impugned scheme insofar as it pertains to the petitioners shall not be given effect to.”
“The petitioners shall continue to be governed by the scheme promulgated vide Government Order No. HOME-293 of 1995 dated 30.09.1995 and paid the honorarium as was being paid prior to the issuance of the new scheme of 2022.”

KR Desk