Disabled During Service, Employee Entitled To Continued Salary, Benefits & Supernumerary Post, Along With Interests : Punjab & Haryana High Court

Background Facts

The petitioner joined as E.T.T. Teacher at Govt. Primary School Sodhi Nagar, Ferozepur on 11.09.2016. Her presence was marked by Narinder Kaur on 19.09.2016 as E.T.T. Teacher. On 08.03.2017, she met with an accident while riding on an Activa on the way to school. Hence, she could not join the duty. She was 90% permanently disabled. The lower body of employee, legs, arms and hands were not in working condition. Therefore she was unable to even sign certificate dated 22.01.2019 issued by the Civil Hospital, Ferozepur, hence it was thumb marked. However her mental condition was fine.

The financial condition of employee's house was not good. She was fully dependent upon her family members as she was bed ridden. She was on medical leave without salary from 08.03.2017, due to which, her probation time also could not be cleared.

The District Education Officer(SS), Ferozepur, vide letter dated 27.12.2021, addressed to the Director Education Department recommended the case of the employee for the release of salary by considering it sympathetically. The letter also included that as per instructions mentioned in letter No.18017/1/2014-Estt(L) dated 25.02.2015, New Delhi of Government of India, Ministry of Personnel, Public Grievance and Pension Department of Personnel Training, if any government employee become incapable during service period, then directions have been issued regarding financial benefit/salary given to him. But the request was denied by the respondents.

Aggrieved by the same, the employee filed the writ petition for directing the respondents to pay salary and all other admissible benefits to the employee from the date she met with accident.

It was contended by the employee that she suffered disability in course of service. Her financial condition was dire, and she was fully dependent on her family as she remained bedridden. On the other hand it was contended by the respondent that the monthly salary was being paid regarding the claim thereof from the date of accident.

Findings of the Court

It was observed by the court that the employer has to be sensitive about the miseries of their employee, who unfortunately met with an accident. The situation should have been avoided by the State being a welfare state. It was further observed by the court regarding the contention of the respondents that the monthly salary was being paid but no reason was assigned for it.

The case of Ram Kumar vs. State of Haryana and others was relied upon by the court which was based on similar facts, where an employee who was working as Multi Purpose Health Worker, had met with a road accident. He received head injury, and went into coma. He was declared 100% disabled. But no salary was paid to him. It was held by the court that respondents should release all the arrears of salary along with all the consequential benefits.

The Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995, was referred by the court, which states that any employee, who acquires disability during his service, should be shifted to another post with the same pay scale and the same service benefits. In case, it is not possible to shift the employee to any other post, then any supernumerary post should be created so that the employee is able to get salary which the employee was getting prior to becoming disabled, up to the age of superannuation.

The judgment of J.S. Cheema Vs. State of Haryana, was relied upon by the court wherein the Coordinate Bench of Punjab & Haryana High Court held that if any amount belonging to an employee had been retained and used by the Department, then employee will be entitled for an interest.

It was observed by the court that the money which rightly belonged to the employee was in the custody of the State and was being used by it, therefore the employee will also be entitled to interest along with salary and all the consequential benefits.

With the aforesaid observations, the writ petition was disposed of.

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