Document Fragment View
Fragment Information
Showing contexts for: vip security in Rajanna vs Union Of India on 19 April, 1995Matching Fragments
forming actual VIP security duty is as under:
"(iii) Rs. 50,000/- (Rupees Fifty thousand only) to the SPG personnel who suffer permanent partial disablement as a result of injuries received While performing actual VIP security duty."
3. The relevant facts are admitted. The appellant was a security assistant in the Special Protection Group attached to the Cabinet Secretariat from 17.9.1985 and was amongst the security personnel attached to the Prime Minister's Office. On 20.6.1986 the appellant was required to be on such duty at the South Block, New Delhi from 9.00 a.m. to 5.30 p.m. According to the official arrangement some members of the SPG personnel including the appellant were picked up by an official SPG vehicle from the staff quarters and the vehicle was going to the South Block when it was involved in a road accident at about 8.20 a.m. in which the appellant sustained certain injuries resulting in his permanent partial disablement on account of shortening of one leg. As a result of this disability the appellant be- came unsuitable for performance of the security duty of VVIPs and was shifted to a less important posting which also reduced his special allowance from 50% to 25%.
6. The real question for decision is the meaning of the expression "actual VIP security duty" in the above circular in the context of the provision for "grant of exgratia payment to SPG personnel". The reasoning of the tribunal which is supported by the learned Additional Solicitor General on behalf of the respondent is that " actual VIP security duty" means the actual period when the person is providing security to the VIP on commencement of the duty hours and it does not include the journey to and from the duty post. Is this the correct meaning of the expression in the present context?
8. The circular Annex. 'N' dated 24.1.1990 modifies the earlier circular dated 13.6.1986 and enhances the rates and enlarges the extent of application thereof to the SPG personnel. It shows that provision is made for payment for in juries sustained not only while perform in " actual VIP security duty" but also while performing duty "other than actual security duty". Thus ex-gratia payment according to the scheme is made even to those SPG personnel who sustain injuries while performing duty "other than actual VIP security duty". This is the concept of ex-gratia payment to SPG personnel under the circular. An explanatory note in that circular is as under: -
(Para 8) (emphasis supplied) In the facts of that case the employer was held not liable only because the accident occurred when the workman was travelling in a boat not provided by the employer but a public transport in which any other member of the public could travel and it was not incumbent on the workman to adopt that mode of travel. Applying the test in the present case, it is clear that since the appellant was travelling in the official SPG vehicle in which he was required to travel from the staff quarters to the South Block, that vehicle not being available to anyone other than the SPG personnel, the appellant was at a place or a point or an area which came within the theory of notional extension of the official premises for performance of "actual VIP security duty". In other words, that official SPG vehicle was a notional extension of the official premises and, therefore, the appellant was deemed to be on actual VIP security duty, while travelling in it from the staff quarters to the South Block in these circumstances.