Paralyzed employee entitled to full compensation: Allahabad HC
The Court dismissed the claim, stating that the Rights of Persons with Disabilities Act, 2016—the Central Law—overrode the rules.
For a paralyzed employee to be entitled for full compensation, the Allahabad High Court ruled
The Allahabad High Court has decided that an employee who is paralyzed and unable to work is entitled to full compensation while on medical leave. The court made it clear that there are several sections in the 2016 Rights of Persons with Disabilities Act that are violated when an employee’s salary is withheld during medical leave.
The petitioners’ husband, who was unable to work due to paralysis, was the subject of the lawsuit. The petition was brought by the employee’s widow, who claimed that her husband’s disability had caused his death in 2020. He was formerly employed by the joint inspector general of registration as an orderly.
The appeal went on to say that after his death, the widow gave her pension and related paperwork to the relevant authorities. But after encountering difficulties getting the entire sum, the petitioner turned to the HC for support.
The court, with Justice Ajit Kumar sitting on the bench, stressed that the petitioner’s spouse is entitled to full compensation for the time that the paralysis prevented them from working. This is especially true if the spouse suffered from paralysis and was unable to work.
The High Court further expressed dismay at the idea of the family having to make due on only one rupee while the employee was paralyzed, and reprimanded the states for refusing to compensate the families of the employees.
The court has questioned the state government’s classification of the petitioner’s husband’s 967 days of unpaid leave due to paralysis as extraordinary unpaid leave, even though some payments were granted while the matter was still pending. Citing compliance with the state’s financial handbook, the state justified its decision.
The Court dismissed the claim, stating that the Rights of Persons with Disabilities Act, 2016—the Central Law—overrode the rules.
The court ordered the wife of the employees, the petitioner, to get the arrears’ payment after accepting the plea. Considering the needless hardship the petitioner endured, the court further ordered an eight percent interest on the sum. The Court additionally mandated that the state government pay Rs 25,000.
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