The Delhi High Court.
Credit: PTI File Photo
New Delhi: A member of a force does not cease to be on "active duty" if he is not effectively on field, and therefore a mishap suffered by him during assigned duties in a "peace station" will qualify as an injury on "active duty", the Delhi High Court has held.
The court's decision came while dealing with a petition by an assistant commandant (general duty) of Sashastra Seema Bal, who was denied promotion in 2023 for not being in the requisite medical shape after he suffered an injury while training for the All India Police Commando Competition (AIPCC) in October 2019.
While the petitioner argued that he was entitled to be exempted from meeting the required medical standard under a standing order issued in 2008, the authorities said the relaxation was in case of "active duty" involving accidents connected with field firings/accidental firings/explosion of mines or other explosive devices.
After falling from a 'high fence wire' -- an obstacle in the training, the officer suffered fractures in his right hand, elbow and the wrist joint in his left hand and was shifted to AIIMS Rishikesh for treatment.
Granting relief to the petitioner, the high court opined that "active duty", as appearing in standing order, cannot be given a restrictive meaning.
"It is evident that a member of the Force does not cease to be on 'active duty' only because he is not effectively on field, dealing with mines or other explosive devices. He continues to remain on 'duty' in every post he is assigned with, whether it be a field duty or a peace posting.
"He is commanded to perform his duty 'to restore and preserve order in any local area in the event of any disturbance there'," said a bench headed by Justice Rekha Palli, in the judgement passed on September 17.
"Therefore, when a Force personnel is engaged in an activity which forms part of his assigned duties and suffers an accident even in a peace station, the said accident cannot be said as not to have suffered while being on 'active duty'," the bench, also comprising Justice Shalinder Kaur, added.
The court observed that it was undisputed that the petitioner had undertaken the practice in connection with AIPCC, which was an integral part of his duties and had to be mandatorily performed.
The bench accepted the petitioner's plea that he was entitled to the relaxation in his medical category and set aside orders holding him ineligible.
"The petitioner had suffered injuries while undergoing a practice session, which has been considered as bonafide government duty attributable to service and therefore, it cannot be said that the injuries sustained by him due to which he was placed in medical category S1H1A2P1E1 was not while on active government duty as envisaged under paragraph 4.17(b)(i) of the Standing Order," it said.
The court directed the authorities to consider, within six weeks, the case of the petitioner for promotion to the post of deputy commandant after granting him due relaxation.
If he is found fit to be meeting all other eligibility criteria for promotion as deputy commandant, he will be promoted to the rank with effect from the date when his batchmates were promoted, it said.
The court further clarified that the petitioner will, however, be granted only retrospective seniority and notional pay fixation and he will be entitled to the actual pay from the date he assumes charge as deputy commandant.
The court said after grant of relaxation in medical category, the petitioner will also be given the benefit of 'Senior Time Scale'.