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ARINDAM LODH
Bijoy Kumar Hrangkhawl – Appellant
Versus
Tripura State Electricity Corporation Limited (Tsecl) – Respondent
JUDGMENT
1. Heard Mr. C.S. Sinha, learned counsel appearing for the petitioner.
2. Also heard Mr. N. Majumder, learned counsel appearing for the Tripura State Electricity Corporation Limited (TSECL), respondent nos. 1, 2 and 3 as well as Mr. H. Sarkar, learned counsel appearing for the State of Tripura, respondent no.4.
3. It is the case of the petitioner that while the petitioner was discharging his duties he suffered an accident and out of that accident, he became disabled. Due to such disability, he could not attend his duties. It is the contention of the respondents that the salary of the petitioner was duly paid upto 16.03.2020. Thereafter, no salary was paid to the petitioner though he was all along willing to join to perform his duties commensurate to his disability.
3. From the report of the Standing Medical Board, it is clear that the petitioner was not in a position to perform his official and field level activities which may work out throughout the State. It is further observed in the report dated 18.02.2020 that his conditions may improve. In spite of that report, the petitioner was not paid his due salary and other allowances treating his absence from duty as unauthorized.
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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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