Rules cannot supplant statutory provisions; compensation under the Employees Compensation Act must be released without salary adjustments.

JUDGMENT

Mr. Jagmohan Bansal, J. (Oral)

The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to respondent to pay him immediate and adequate compensation as he has been rendered permanently disabled in an accident while on duty.

2. The petitioner on 15.02.1989 joined Northern Indian Railways as Pointsman. He, on 10.10.2021, while on duty met with an accident which resulted in amputation of his both legs. The said fact was recorded in Railway Diary Accident Book dated 10.10.2021. The Additional Chief Medical Superintendent, Northern Railway, Ambala Cantt. issued a certificate dated 18.07.2022 (Annexure P-8) recommending petitioner for alternative employment on medical grounds. As per the petitioner, he is suffering from 90% permanent disability.

3. Mr. Sahir Singh Virk, Advocate inter alia contends that petitioner while on official duty as Pointsman met with an accident and in the said accident his both legs have been amputated. The Ministry has issued disability certificate dated 07.10.2022 (Annexure P-5) confirming that petitioner is 90% permanent disabled. The respondent has conceded that petitioner was offered alternative post in February' 2023, thus, upto January' 2023, there was supernumerary period. The respondent has adjusted his salary against compensation payable under Employees Compensation Employees Act, 1923 (for short 1923 Act').

4. Learned counsel for the respondents, on instructions from Sanjiv Kumar, Office Superintendent, DRM Office, Ambala, submits that petitioner was offered alternative post in February' 2023, thus, special supernumerary period of the petitioner expired in February' 2023. The petitioner is covered by 1923 Act, thus, he is entitled to compensation under the said Act. The respondent has determined a sum of Rs. 9, 53, 955/- as compensation. The Ministry of Railway vide notification dated 23.04.2019 has amended the Railway Services (Liberalized Leave) Rules, 1949 (for short 1949 Rules') contained in Chapter 5 of Indian Railway Establishment Code (IREC) Volume-1. As per amended Rule 552 of the 1949 Rules, the amount of leave salary payable under Work Related Illness and Injury Leave (for short 'WRIIL') shall be deducted from workmen's compensation. The petitioner is entitled to compensation under 1923 Act and salary of the petitioner needs to be adjusted against compensation payable under the said Act.

5. It is conceded by both sides that accident took place in October, 2021 while the petitioner was on duty and his both legs were amputated. The petitioner was offered alternative in post February' 2023, thus, upto January' 2023 there was supernumerary period. The petitioner has been paid salary upto supernumerary period, however, the said amount has been adjusted against compensation payable under 1923 Act.

6. I have heard the arguments of learned counsels for both sides and perused the record with their able assistance.

7. The dispute lies in a narrow compass. As per petitioner, he is entitled to compensation under 1923 Act as well as salary till supernumerary period whereas as per the respondents, pay needs to be adjusted against compensation payable under 1923 Act. As per respondents, compensation under 1923 Act comes to Rs. 9, 53, 955/- and the said amount has been adjusted against salary.

8. The respondent is relying upon letter dated 23.04.2019 (Annexure R-5) issued by Ministry of Railways which confirm that Rule 552 of 1949 Rules has been amended by notification dated 11.12.2018. The unamended and amended Rule, as reproduced in aforesaid letter, is reproduced as below:-

“552. Special disability leave for injury intentionally inflicted – Omitted and replaced with “552. Work Related illness and Injury Leave”

552. Work Related Illness and Injury Leave –

The authority competent to grant leave may grant Work Related Work Related Illness and Injury Leave (herein after referred to as WRIIL) to a Railway servant (whether permanent or tempora