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HARSIMRAN SINGH SETHI
Amit Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
In the present writ petition, the grievance of the petitioner is that while working as Multi Purpose Health Worker (Male) since 28.06.2019, unfortunately he met with a road accident on 31.12.2020 and received severe head injuries and is in coma since then. The prayer of the petitioner is that as he has been declared 100% disabled, a copy of medical report dated 11.07.2022 is annexed as Annexure A-3, but no salary is being paid to the son of the petitioner since January, 2021.
2. Learned counsel for the petitioner argues that keeping in view the "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which has been further replaced by " The Rights of Persons with Disability Act, 2016", any employee, who suffers disability while in service, is entitled for the same benefits as being enjoyed by him/her before the suffering of disability in question.
3. Learned counsel for the petitioner submits that the respondents be directed to release the full salary of the petitioner starting from January, 2021 onwards along with arrears and interest, which is being withheld in an arbitrary manner.
4. Upon no
Disabled employees are entitled to receive their full salary and benefits under the law, even when unable to work due to disability.
The court reaffirmed that employers must provide salary and benefits under the Persons with Disabilities Act when an employee becomes disabled during service, ensuring protections against discriminat....
The court reinforced the mandatory nature of employment protection for disabled employees under the PWD Act, emphasizing reasonable accommodation and the obligation of employers to pay salaries despi....
The judgment established the entitlement of a person with high support needs to salary under disability rights Acts, emphasizing non-discrimination and reservation of posts for persons with disabilit....
Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.
Non-discrimination in employment for employees with disabilities is mandated under the Rights of Persons with Disabilities Act, 2016, requiring timely salary payments and reimbursements for medical e....
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
The definition of disability under the Persons with Disabilities Act must be strictly adhered to, and delays in challenging administrative actions can bar relief.
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