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AMAN CHAUDHARY
Narinder Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Aman Chaudhary, J.
1. Prayer made in the present petition is for directing the respondents to pay salary and all other admissible benefits to the petitioner from the date she met with an accident on 08.03.2017 resulting in the permanent disability of 90%.
2. The petitioner joined as ETT Teacher on 11.09.2016 and was posted at Govt. Primary School Sodhi Nagar, Ferozepur, but unfortunately on 08.03.2017, she met with an accident while riding on an Activa on the way to school, having been hit by a car, on account of which FIR No. 42 dated 04.04.2017, Police Station Kulgari, District Ferozepur, was registered, trial wherein is still pending. She is unable to even sign a document, which is apparent from the petition as it is thumb marked, certificate dated 22.01.2019 issued by the Civil Hospital, Ferozepur, confirming 90% permanent disability, is appended as Annexure P-1.
3. The District Education Officer (SS), Ferozepur, vide letter dated 27.12.2021, Annexure P-5, addressed to the Director Education Department, Punjab, had recommended the case of the petitioner for the release of salary by considering it sympathetically, which reads thus:
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....
Disabled employees are entitled to receive their full salary and benefits under the law, even when unable to work due to disability.
Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.
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....
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....
Rules cannot supplant statutory provisions; compensation under the Employees Compensation Act must be released without salary adjustments.
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
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