The Punjab & Haryana High Court has ruled that employees who suffer disabilities during their service are entitled to continued salary, benefits, and a supernumerary post, along with interest on withheld dues. This judgment is a significant step in ensuring the welfare and rights of employees who become disabled while in service.
Background
The petitioner, Narinder Kaur, was employed as an E.T.T. Teacher at the Government Primary School in Sodhi Nagar, Ferozepur, starting from 11th September 2016. Unfortunately, on 8th March 2017, while traveling to work on her Activa, she met with a severe accident. This accident resulted in a 90% permanent disability, leaving her unable to move her legs, arms, and hands, thus becoming bedridden.
Due to her condition, Narinder Kaur was unable to join duty and continued to remain on medical leave without salary from the time of the accident. Her probation period could not be cleared, and she was completely dependent on her family for support.
Despite the recommendation from the District Education Officer to release her salary and consider her case sympathetically, the respondent authorities denied the request. Consequently, Narinder Kaur filed a writ petition to demand the payment of her salary and other admissible benefits from the date of her accident.
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Justice Aman Chaudhary, presiding over the case, emphasized the importance of the state's responsibility to support its employees, particularly those who suffer an accident while in service. The court observed that such situations should have been prevented by the state, which should act as a welfare state.
Regarding the salary, the respondents claimed that they were paying the monthly salary, but no adequate explanation was provided for withholding it. The court found this response unsatisfactory, particularly when the employee’s financial condition was dire.
The court cited a similar case, Ram Kumar vs. State of Haryana, where an employee who became 100% disabled due to a road accident was denied salary. In that case, the court ruled that the employer must release the withheld salary and other consequential benefits.
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The court referred to Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. According to this provision, any employee who acquires a disability during service must be reassigned to a different post with the same pay scale and benefits. If this reassignment is not possible, a supernumerary post should be created to ensure the employee receives the same salary until retirement.
Additionally, the court referred to the J.S. Cheema Vs. State of Haryana case, which established that if an amount belonging to the employee is withheld by the department, the employee is entitled to interest on the withheld sum.
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The court ruled in favor of Narinder Kaur, stating that she was entitled to receive her salary, benefits, and a supernumerary post. Furthermore, the court ordered that interest be paid on the withheld dues, as the money was rightfully owed to the employee and had been used by the state.
The case highlights the court's recognition of the rights of disabled employees and emphasizes that the government must ensure financial support for employees who become incapacitated during their service.
"The employer has to be sensitive to the miseries of their employee who has met with an accident, and the situation should have been handled by the State as a welfare state." — Justice Aman Chaudhary, Punjab & Haryana High Court
Case Details
Case Name: Narinder Kaur v. State of Punjab and others
Case No.: CWP-2543-2025 (O & M)
Counsel for the Petitioner: Puneet Kumar Bansal, Advocate
Counsel for the Respondents: Amarpeet Singh Bains, AAG, Punjab
