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 discrimination.

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:

“As per above, on 27.12.2021 applicant and concerned Block Primary Education Officer visited the house of concerned employee for confirming the situation. During this, this fact came out that lower body of employee, legs, arms and hands are not in working condition. Mental condition of the employee is good. Financial condition of the house is not good. As employee is bed ridden, she is fully dependent upon her family members.

It is pertinent to mention here that Narinder Kaur had marked her presence on 19.09.2016 as E.T.T. Teacher at GPS Sodhi Nagar under Block Ghall Khurd. Thereafter, on 08.03.2017, she met with an accident and hence, she could not join duty. From 08.03.2017, she is on medical leave without salary, due to which, her probation time also could not cleared.

AS per instructions mentioned in para No. 2 of 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.”

4. As is apparent from the written statement filed in response to the previous writ petition, it had been merely stated that monthly salary was being paid without any reason assigned therein regarding the claim thereof from the date of accident.

5. On similar facts, CWP-21761-2022, titled as ‘Amit Kumar through his father Ram Kumar vs. State of Haryana and others, filed by an employee who was working as Multi Purpose Health Worker since 28.06.2019 and had met with a road accident on 31.12.2020, having received head injury, was allowed on 06.03.2024, against which no LPA was filed and covers this case on all fours, which learned State counsel despite his best efforts has been unable to controvert regards the factual position and draw out any distinctive aspects in the aforementioned judgment or cite any contrary law, relevant paras whereof read thus:-

“1. 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.

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