Punjab-Haryana High Court
Narinder Kaur vs State Of Punjab And Others on 30 January, 2025
Neutral Citation No:=2025:PHHC:014216
-1-
CWP-2543
2543-2025
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
133 CWP-2543-2025 (O & M)
Date of decision: 30.01.2025
Narinder Kaur ....Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE
HON BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Puneet Kumar Bansal, Advocate, for the ppetitioner.
Mr. Amarpeet Singh Bains, AAG, Punjab.
AMAN CHAUDHARY, J. (ORAL)
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
Ferozepur, but unfortunately
on 08.03.2017,
08.03.2017, she met with an accident while ridi
riding on an Activa on the
way to school, having been hit by a car,
car on account of which FIR No.
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
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.
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3. The District Education Officer(SS), Ferozepur, vide letter
dated 27.12.2021, Annexure P-5,
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
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 nott 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
esence 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 ttime also could
not cleared.
As per instructions mentioned in para No.2 of letter
No.18017/1/2014-Estt(L)
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
nment 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 sta
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
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
31.12.2020, having
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received head injury, was allowed on 06.03.2024, against which no LPA
was filed and covers this case on all fours
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:
thus:-
"1. In the present nt 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, 3, but no salary is being paid to the son of the
petitioner since January, 2021.
2. to 4. xx xx xx
5. The only justification
ation given by the respondents for not
releasing the salary of the son of the petitioner is that the
matter is still pending consideration before the higher
authorities to create a supernumerary post so as to release the
salary of the petitioner.
6. I havee heard learned counsel for the parties and have
gone through the record with their able assistance.
7. The employer has to be sensitive about the miseries of
his employee, who unfortunately met with an accident and is
in Coma since last more than three yyears. In the present case,
employee, who is in coma, has been made to approach this
Court for the release of the salary which employee is
otherwise entitled for under the law. This situation should
have been avoided by the State being a welfare state.
8. As per the facts, which have come on record, the
petitioner namely Amit Kumar is in coma since 31.12.2020.
He was an employee working as Multi Purpose Health
Worker (Male) at the time when he suffered the ailment.
9. Keeping in view Section 47 of the Pers Persons With
Disabilities (Equal Opportunities, Protection of Rights and
Full Participation), Act, 1995, any employee, who acquires
disability during his service, should be shifted to another post
with the same pay scale and the same service benefits. In
case,, it is not possible to shift the employee to any other post,
then any supernumerary post should be created so that the
employee concerned is able to get salary which the employee
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was getting prior to becoming disabled, upto the age of
superannuation. Section ion 47 of the said Act, 1995 is as under:-
"47. Non-discrimination
discrimination in Government employment -
(1) No establishment shall dispense with, or reduce in
rank, an employee who acquires a disability during his
service:
Provided that, if an employee, after acquir acquiring
disability is not suitable for the post he was holding,
could be shifted to some other post with the same pay
scale and service benefits:
Provided further that if it is not possible to adjust the
employee against any post, he may be kept on a
supernumerary post until a suitable post is available or
he attains the age of superannuation, whichever is
earlier.
(2) No promotion shall be denied to a person merely
on the ground of his disability:
Provided that the appropriate Government may, having
regard to the type of work carried on in any
establishment, by notification and subject to such
conditions, if any, as may be specified in such
notification, exempt any establishment from the
provisions of this section."
10. Keeping in view the said provi provisions of law, the
respondents should have granted the benefit of salary to Amit
Kumar, who is lying in coma for the last more than three
years.
11. Nothing has come on record as to what impediment
exist for non-release
release of the salary of disabled employee and
the family has been made to approach this Court to seek the
relief.
12. Keeping in view the above, as learned counsel for the
respondents has not been able to dispute that Amit Kumar i.e.
disabled employee, is entitled to get the salary which he was
getting as on 31.12.2020 keeping in view Section 47 of 1995
Act, the present writ petition is allowed and a direction is
issued to the respondents that within a period of two weeks
from today, all the arrears of salary starting from 01.01.2021
be released along
long with all the consequential benefits.
13. As the respondents were under an obligation to release
the salary to disabled Amit Kumar, when the
ailment/disability was suffered on 31.12.2000 the arrears of
salary will also carry interest @ 6% per annum keeping in
view the judgment of the Coordinate Bench of this Court in
J.S. Cheema Vs. State of Haryana, 2014(13) RCR (Civil)
355, according to which, any amount belonging to an
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employee, has been retained and used by the Department, the
employee will be entitled
tled for interest. The relevant paragraph
of J.S. Cheema's case (supra) is as under: -
"The jurisprudential basis for grant of interest is the
fact that one person's money has been used by
somebody else. It is in that sense rent for the usage of
money. If the user is compounded by any negligence
on the part of the person with whom the money is
lying it may result in higher rate because then it can
also include the component of damages (in the form of
interest). In the circumstances, even if there is no
negligence on the part of the State it cannot be denied
that money which rightly belonged to the petitioner
was in the custody of the State and was being used by
it."
14. Keeping in view the above, the present writ petition is
allowed with the cost of Rs.25,0
Rs.25,000/- as without any valid
justification, the salary of a disabled employee has been
withheld and the said disabled employee has been made to
approach this Court to seek his right of full salary. The cost
will be paid while complying with the directions giv given by
this Court hereinbefore. As the respondents have been
directed to release all the arrears of salary starting from
01.01.2021 till the date, a further direction is also issued to
release the salary to the petitioner Amit Kumar by 7th of
every month till he is alive or attains the age of
superannuation, whichever is earlier. It is also noticed that in
case the directions issued are not complied within the time
frame, serious view will be taken including the initiation of
contempt proceedings against tthe respondents for violating
the order.
15. As the salary of Amit Kumar will be deposited in the
bank account and he is in coma, the bank authorities are
directed that the amount which is being received as salary of
Amit Kumar, be released to the family members so as to take
care of said Amit Kumar during his ailing days.
3. In wake of the above, the present petition is disposed of in
terms of Amit Kumar (supra).
30.01.2025 (AMAN CHAUDHARY)
parveen kumar JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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