RAJANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The only question for decision is:Whether the appellant is entitled to the ex-gratia payment of Rs. 50,000/- in accordance with the circular dated 13-6-1986 of the Cabinet Secretariat of the Central Government providing for grant of ex-gratia payment to the Special Protection Group (SPG) Personnel The claim is on account of the permanent partial disablement suffered by the appellant as a result of certain injuries sustained by him in a motor accident on 20-6-1986 while travelling in a SPG vehicle. The material part of the circular providing for ex-gratia payment to be made to the SPG personnel who suffer permanent partial disablement as a result of injuries received while performing actual VIP security duty is as under:

(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 became 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%.